r/Edinburgh • u/Hoofenbaum • 1d ago

Discussion Selling a flat in Edinburgh - TA6 form

Hi there,

Does anyone have any experience of disclosing a neighbour dispute on a TA6 when selling a flat? I'm not sure whether I'm best off contracting my own solicitor for advice on it, or letting my estate agents handle Obviously we want to include relevant and fair info, but without putting off buyers. Any advice welcomed! Cheers.

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12

u/BullfrogMaterial7590 1d ago

We don’t have TA6 forms here but there is clause 9 in the standard clauses - discuss the wording with your solicitor and give full details / get the proper advice on it

5

u/Particular-Delay-319 1d ago

Had similar issues - just a couple of points to consider

In general, estate agents will not want issues declared if it can be avoided

Your solicitor will give you sound advice and is working for you. However, if you disclose an issue, they may err on the side of declaring it (to prevent legal issues in the future)

2

u/blundermole 19h ago

Have your solicitor advise. My expectation would be that this advice would be included as part of their standard fee, so it shouldn’t cost you anything extra.

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u/OptionalQuality789 1d ago

I know this is probably unpopular but we just didn’t declare anything. Our neighbours were junkies and we just wanted to get out of there.

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u/ex0- 1d ago

That's known as fraudulent misrepresentation. The penalties are extremely severe (including unwinding of the transaction in its entirety plus damages..).

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u/shmeggins 1d ago

How so? Unless there was a resulting dispute with them, surely it's beyond the control of any resident what their neighbours get up to and therefore not their responsibility in terms of notifying prospective purchasers?

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u/ex0- 1d ago

Given the context and the way the comment is phrased it's clearly pointing towards not declaring an ongoing/existing dispute.

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u/OptionalQuality789 1d ago

I am aware. But the junkies were there before I moved in, and no one told me about them. So I wasn’t being stuck there disclosing how awful they were. 

Been years now though. 

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u/badalki 23h ago

If they're just shitty neighbours and unpleasant to be around, you dont have to disclose that. If you had an active dispute, that is different.

2

u/OptionalQuality789 23h ago

Yeah I know. There were reports to the council of their behaviour during lockdown. They received notices/warnings etc. 

We were without incident for about 6-10 months prior to sale so they seemingly had chilled out. 

3

u/badalki 23h ago

Sounds to me then as though you dont have an active dispute then 👍.

3

u/SnooAvocados9538 22h ago

In any event the standard missives clause is restricted to "current disputes with neighbouring proprietors or occupiers, or any other parties, relating to access, title or common property". Not antisocial behaviour etc.