Newspaper article The Evening Standard (London, England)

Will Next Door's Scary Dog Frighten off Buyers? OUR LAWYER ANSWERS YOUR QUESTIONS

Newspaper article The Evening Standard (London, England)

Will Next Door's Scary Dog Frighten off Buyers? OUR LAWYER ANSWERS YOUR QUESTIONS

Article excerpt

Byline: Fiona McNulty

Q LAST summer we had several heated disagreements with our neighbour about his very large dog constantly barking and also escaping into our garden and scaring our daughter. Things have improved slightly, mainly because it's winter and the dog has not been out as much. We want to sell our house in the spring and my father says we must tell any prospective buyers about our past complaints regarding the dog. Do we really have to, as it may put buyers off? It would put me off!

A THE principle "caveat emptor" meaning "buyer beware" usually applies, so buyers of residential property and their solicitors should learn as much as possible about the place by raising enquiries and carrying out searches during the conveyancing process. A seller need not disclose defects relating to the home that a buyer should see upon reasonable inspection of it.

However, a seller should disclose defects which would not be apparent upon inspection. A neighbour dispute could be such a defect.

A seller should complete accurately a Property Information Form, which is sent by their solicitors to the buyer's solicitors as part of the contract package.

PROBLEM? legalsolutions@write to Legal & property., Derry Street, cannot be but we will try here.

This form includes questions about disputes or complaints relating to the a solicitor residential property being sold or a nearby property and asks whether the seller is aware of anything that might lead to a dispute about either home.

The Property Information Form also asks about notices or complaints received or sent, and negotiations and discussions which have taken place that affect the property being sold or the nearby property.

You would need to disclose your interactions with your neighbour regarding the dog. Failure to do so could mean you risk being sued for misrepresentation by future buyers. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.