Property Sale | How To Complete Enquiry Forms So You Won’t Be Sued - Misrepresentation.

How To Complete the Seller’s Property Information Form (SPIF) and protect yourself.

There are WARNINGS and INSTRUCTIONS within the Sellers Property Information Form advising sellers not to mislead buyers. You should be honest. If you cannot be sure about one of the questions, and you have not checked, then say so.

Sellers cannot be experts in all things, and no one can expect you to be, but protect yourself by being very careful with your answers on the Sellers Property Information Form. Only confirm what you know. Otherwise state "not known and not checked". It is then for the buyer to look into things further and you have not potentially misled them.

THE WARNING in the Seller's Property Information Form states:

The Seller's Property Information Form, and your replies to enquiries, will be relied upon by the buyer of the property.

Material information is explained in the National Trading Standards Estate and Letting Agency Team's guidance to estate agents, Material Information in Property Listings (Sales)*, so that property listings comply with the Consumer Protection from Unfair Trading Regulations 2008.     

*See here - Material Information in Property Listings (Sales)

When dealing with the forms in the Conveyancing Process & when responding to enquiries:

• The answers should be prepared by the person or persons named as owner on the deeds or HM Land Registry title or by the owner's legal representative(s) if selling under a power of attorney or grant of probate or representation. If there is more than one seller, you should prepare the answers together, or if only one seller prepares the Seller's Property Information Form, the other(s) should check the answers given, and all sellers should then sign the form.

• You should answer all questions as accurately as you can from your own knowledge (or, in the case of legal representatives, you or the owner). You are not expected to have expert knowledge of legal or technical matters or matters that occurred prior to your ownership of the property, or information that can only be obtained by carrying out surveys, local authority searches or other enquiries.

• It is very important that your answers are truthful. If you give incorrect or incomplete information to the buyer (on the Seller's Property Information Form or otherwise in writing or in conversation, whether through your estate agent or conveyancer or directly to the buyer), then a prospective buyer may make a claim for compensation from you or refuse to complete the purchase.

• If you become aware of any information which would alter any replies you have given, you must inform your conveyancer immediately. This is as important as giving the right answers in the first place. You should NOT change any arrangements concerning the property (such as with a tenant or neighbour) which would alter or affect the information you have previously given without consulting your conveyancer first.

• If you do not know the answer to any question, you must say so. If you are unsure of the meaning of any questions or answers, please ask your solicitor. Delays in completing the Seller's Property Information Form and/or responding to enquiries raised by the Buyer or their conveyancer may affect the sale.

• Please give your conveyancer/solicitor any letters, agreements, or other papers which help answer the questions. The buyer will want the originals, if you have them, for example, warranties/guarantees. If you are aware of any material information which you are unable to supply with the answers, tell your conveyancer. If some of the documentation is lost, you may need to obtain copies at your own expense. You should also pass on promptly to your conveyancer any notices or other information you have received concerning the property, and any that arrive at any time before completion of the sale. If you are not sure if a notice is relevant to the sale, ask your conveyancer.

MISREPRESENTATION

You can be sued for misrepresentation where your buyer suffers loss and can prove you misled them. Case law has resulted in a seller losing, and paying significant damages, where he stated there was "no" Japanese Knotweed at a property. He had not had this confirmed by an expert.

Japanese Knotwed is an invasive plant which spreads rapidly and damages buildings and their foundations. Lenders may refuse to lend on property which is infested with Knotweed. Bamboo and Hog Weed are also now an issue.

Japanese Knotweed was in fact present and the buyer sued the seller to recover the cost of the treatment plan. Treatment is expensive and lasts for many years. The seller was ordered to pay compensation to the buyer. This was widely reported in "the Metro" and other national publications.

In February 2025 a moth infestation resulted in a Judge overturning the sale of a property. The seller had downplayed the infestation which turned out to be severe resulting and damage to the property and furnishings. this case was reported by the BBC the Guardian and the independent.

The SPIF warning page is also

set out below:

Japanese knotweed

Sellers Property Information Form

BUYER BEWARE

It isn’t all on the seller. The buyer also has responsibilities. Buyer Beware applies.  Conveyancers often refer to this as Caveat Emptor. This means the property is “as is” and subject to all defects.  It is vital the buyer carries out searches, inspections, and survey to ensure that they are aware of any defects.  From completion the buyer takes the property subject to any issues.

The buyer should obtain a survey and if any issues are revealed they should be discussed before completion. An adverse survey may result in works being carried out at the property or a price renegotiation. The seller and buyer can negotiate this through the Estate Agent.

These negotiations and enquiries must occur before exchange as once exchanged the buyer is committed to buying at the price agreed on exchange and they cannot raise enquiries. Exchange of contracts means the deal is legally binding.

LENDER VALUATIONS

A lender valuation is NOT a survey. Lender valuations are often desk top studies and involve no physical inspection.  It is simply a valuation comparing the property to others on the market.

GAS & ELECTRIC CHECKS

You are not obliged to have these checked for the buyer. Their Conveyancer may ask but they are simply being diligent. If the buyer wants these checked and is prepared to pay for them their professional will need access to the property. It may “grease the wheels” to allow this.

OTHER BLOG ARTICLES:

See my other blog article on how to sell and complete quickly and efficiently