What Sellers Must Disclose Before A Home Is Listed

The awkward questions shouldn't wait until you've found a buyer

Most sellers expect the really detailed questions to come later.

Put the house on the market. Find a buyer. Accept an offer. Then wait for the solicitors to start investigating everything.

But increasingly, that's the wrong way to approach a sale.

Important information about your home should be identified much earlier, ideally before the property is advertised.

The phrase you'll hear estate agents use is material information.

It sounds like another bit of property-industry jargon. In reality, getting it right can make the difference between a buyer understanding something before they make an offer and discovering it eight weeks into conveyancing.

Those are two very different conversations.

What is material information when selling a house?

Broadly, material information is information an average buyer needs to make an informed decision about a property.

Under the Digital Markets, Competition and Consumers Act 2024, businesses must not omit material information from consumers or provide it in an unclear, untimely or misleading way.

For estate agents, that means thinking about what a prospective buyer needs to know before deciding whether to pursue a particular property.

Some of that information is obvious.

The asking price. Tenure. Council tax. The accommodation being sold.

Other information is much more property-specific.

A modern freehold home might have an estate management charge or restrictive covenants.

A rural property outside the town could have private drainage or shared access.

An older cottage elsewhere might raise questions about construction, rights of way or alterations carried out many years ago.

Material information is therefore about much more than filling in boxes on a property portal.

What happened to Parts A, B and C?

This is worth explaining because you'll still see Parts A, B and C mentioned on estate agency websites and in property advice online.

The framework was introduced by National Trading Standards Estate and Letting Agency Team as a practical way of categorising material information.

In broad terms:

• Part A covered information such as price, tenure and council tax.
• Part B expanded this into information such as property type and construction, utilities, parking and other characteristics.
• Part C dealt with matters that were relevant depending on the individual property, including restrictions, rights, flood risk and other issues.

It remains a familiar and useful way for property professionals to think about the information a buyer may need.

However, Parts A, B and C should not now be described as the current statutory checklist that determines whether a property listing is compliant.

The current legal obligation sits under the Digital Markets, Competition and Consumers Act 2024, which does not contain a prescribed A/B/C list specifically for residential property.

The Government has subsequently been working with the property industry on updated sector-specific guidance and reforms to improve the information available to buyers earlier in the process.

For sellers, though, the practical principle hasn't changed:

If something could reasonably influence a buyer's decision about your property, tell your estate agent about it.

What sort of information might a buyer need to know?

There isn't one list capable of covering every home, but potentially relevant information can include things such as:

• tenure and, where applicable, lease details
• service charges or estate management charges
• parking arrangements
• shared driveways or access
• rights of way and easements
• restrictive covenants
• unusual construction
• flood risk
• significant alterations to the property
• relevant planning or Building Regulations matters
• known structural issues
• Japanese knotweed
• certain restrictions affecting the property's use

Some information can be established independently by the estate agent or through authoritative sources.

Other things may only be known by the homeowner.

And that's why sellers have such an important role.

Your estate agent can't disclose something they don't know

We can inspect your property, ask questions and carry out checks.

What we can't do is know everything that has happened during the years you've owned it.

Perhaps the driveway is shared under an arrangement contained within the title.

Maybe there was once an issue with the boundary.

Perhaps you converted the garage, removed an internal wall or extended the kitchen and aren't quite sure where the paperwork ended up.

Maybe part of the garden has flooded before.

None of those things automatically means you have an unsaleable home.

But they're exactly the sort of things we'd rather discuss at the beginning.

Because discovering an issue before your property launches gives everyone time to understand it.

Discovering it when your buyer's solicitor raises an enquiry several weeks into conveyancing is considerably harder.

Why can late disclosure cause problems?

Put yourself in the buyer's shoes.

You've found the house.

You've negotiated the price.

You've paid for a survey, started your mortgage application, instructed a solicitor and mentally decided where the sofa is going.

Then something significant appears that you didn't know about.

The problem isn't necessarily the issue itself.

It's the surprise.

Suddenly you're wondering why you weren't told earlier.

Does it affect the price?

Should you have offered differently?

What else don't you know?

Do you still want to proceed?

That's how relatively manageable property issues can turn into renegotiations, delays and, occasionally, lost sales.

What should sellers start gathering before going on the market?

You don't need to turn your dining table into a conveyancing office.

But if you're thinking about selling, it's worth finding the paperwork you already have.

Alterations and improvements

Look for planning permissions, Building Regulations approvals, completion certificates and documentation relating to extensions, loft conversions, structural alterations or other significant work.

Windows, heating and electrical work

Find relevant certificates, warranties and paperwork relating to replacement windows, boilers, heating systems and electrical work.

Guarantees and warranties

These might relate to roofing, damp treatment, timber treatment, insulation or other specialist works.

Leasehold and estate information

If applicable, gather information about the lease, service charges, ground rent, management companies or charges associated with communal areas and private estates.

Rights and restrictions

Anything you hold relating to shared access, rights of way, covenants or unusual arrangements affecting the property may prove useful.

Previous problems

If there has been flooding, subsidence, structural work, Japanese knotweed or a significant property-related insurance claim, discuss it with your estate agent and conveyancer.

You'll probably need much of this information during conveyancing anyway.

Finding it now can save a frantic search later.

Do you have to disclose a dispute with a neighbour?

This is an area where it's particularly important not to make the decision yourself.

If you've had a disagreement or dispute with a neighbour, tell your conveyancer.

Something that felt relatively minor to you might still be relevant to the legal questions you're asked when selling.

Equally, not every disagreement necessarily amounts to something that needs to be treated as a formal dispute.

That's why the sensible approach is simple:

Tell your solicitor what happened and let them advise you.

What if there's something you'd rather buyers didn't know?

Tell us anyway.

That might sound counterintuitive when you're trying to achieve the best possible price, but early disclosure can actually protect your sale.

A buyer who knows about an issue before making an offer can factor it into their decision.

If they proceed, they do so knowing it exists.

The same issue discovered unexpectedly two months later can feel very different.

Buyers are often more accepting of an imperfection than sellers expect.

What they're much less comfortable with is a surprise.

What if you genuinely don't know?

Don't guess.

There is nothing wrong with saying that you're unsure.

The next step is establishing whether the answer can reasonably be found through your estate agent, conveyancer or another appropriate professional or authoritative source.

There is a significant difference between not knowing something and giving information that turns out to be incorrect.

If you're uncertain, say so.

Should sellers instruct a conveyancer before finding a buyer?

We think there is a strong case for getting your conveyancer involved early.

Traditionally, sellers often wait until an offer has been accepted.

The problem is that this can mean nobody looks closely at the legal information surrounding the property until the transaction is already underway.

Early preparation can identify missing paperwork, unusual title arrangements or questions that might otherwise emerge weeks later.

The Government's wider work on reforming the home buying and selling process is also pushing towards more information being available earlier and greater collaboration between estate agents, conveyancers and other property professionals.

For sellers, that makes sense.

Solve the questions while nobody is waiting for the answers.

Most homes have something

This is worth remembering.

A property doesn't have to be perfect to be saleable.

Older homes have often been extended and altered over generations.

Newer developments can come with covenants, management companies and communal arrangements.

Village properties might have private drainage, shared driveways or unusual boundaries.

Period homes can have construction quirks that wouldn't exist in a modern house.

These things don't automatically stop people buying.

Often they're simply part of understanding the property properly.

The aim of material information isn't to frighten buyers away.

It's to help them make an informed decision.

Thinking about selling in London?

If you're considering selling, don't wait until you've accepted an offer to start thinking about the paperwork.

At AGENCY Leslie & Co, we'd rather spend more time understanding your property at the beginning than discover something important when a buyer and the rest of the chain are already waiting.

Tell us about the extension.

Tell us about the shared driveway.

Tell us you're not sure whether you have the certificate.

Tell us about the slightly awkward thing you think probably doesn't matter.

Then we can establish what actually does matter and deal with it properly.

Good preparation isn't about making selling your home more complicated.

It's about removing as many surprises as possible before they have the chance to become problems.

Frequently Asked Questions

What is material information when selling a house?

Material information is information an average buyer needs to make an informed decision about a property. Estate agents have legal responsibilities around ensuring material information isn't omitted or provided in a misleading, unclear or untimely way.

About the Ethical Agent Network

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