Disclosing Japanese Knotweed to agent/buyer

isaadvice

Hi,

Does a seller need to disclose a Japanese knotweed infestation to an agent who is marketing the property and therefore any potential buyers?

I have found conflicting answers online, possibly because of a change in legislation in 2014. Has anyone got a definite answer for this.

Thanks

Davesnave

A person may get away with not telling the agent, so the agent might market innocently, but if they find a buyer, the SPIF (questions before contract) will ask the seller directly about this.

If the seller lies on that, and it later becomes obvious that they have been untruthful, there would be a valid legal claim against them with potentially serious financial consequences.

http://www.lawsociety.org.uk/support-services/advice/articles/ta6-property-information-form-explanatory-notes/

kleapatra

I have just filled in (literally, its sat in front of me) a property information form given to me by my solicitor that asks if I have Japanese Knotwood on my property. Its a standard law society form so I assume most people fill in the same form and I also assume if you lie you could get sued...........

moneyistooshorttomention

Agreed.

I was checking the seller questionnaire form from when I moved house recently - and there was indeed a specific question there about Japanese Knotweed. That was in 2013. Be prepared for any buyer you get to also keep all the paperwork "just in case" of anything (JK or otherwise).

So you might as well tell the EA at the outset. Otherwise, you run the risk of someone getting all set-up to buy the house and their surveyor tells them about it anyway. If you don't fall at the first hurdle (that surveyor) and thus lose the buyer you thought you had - then you could fall at the second hurdle (ie the buyers coming back for another look at the house - complete with informed friend/relative and spotting it then) or a third hurdle (ie it actually all went through and you got sued for misrepresentation after the event).

Dan-Dan

Why would anyone tell the EA , they care not , and i cant see any EA putting the fact in any sale particulars , its hardly a selling point on RM is it?!

3 Double Bedrooms
Garage
Gas Central Heating
Close to Good Schools
Large Garden (with Japanese Knotweed in it)

ambioni

I think ethically you have a duty of disclosure, unless you are planning to treat the problem yourself and meet the costs. I would at least inform the EA and take advice there, although I suspect most EAs would hide the fact.

JK is treatable, and not always expensive to do so. Lenders have in the past reacted in an extreme manner to the presence of JK even on a neighbouring property, but many are now softening their approach because JK is literally everywhere now.

Ask yourself: how would you feel if a seller and/or EA hid the presence of JK on a house you wanted to buy and you didn't find out until after exchange?

moneyistooshorttomention

EA's are supposed to tell would-be buyers about any noticeable defect a house has if they know about it. That translated into one of the EA's here duly telling me various factors I would be interested to know (and that put me off the house) - but none of those particulars went into the written "for sale" details.

They just told me verbally "That house just lost a sale because of the state of the roof. It has now been fixed" or "That house is in a problem road" (ie that couldn't be fixed) and so on.

....and then there was the other EA here. They couldn't possibly have missed the fact that that house was at severe risk of flooding/the area had flooded before - but somehow or other it slipped their mind to tell me. Good job I'd figured that out anyway....rather than getting told at surveyor stage anyway.

moneyistooshorttomention

ambioni wrote: »

I think ethically you have a duty of disclosure, unless you are planning to treat the problem yourself and meet the costs. I would at least inform the EA and take advice there, although I suspect most EAs would hide the fact.

JK is treatable, and not always expensive to do so. Lenders have in the past reacted in an extreme manner to the presence of JK even on a neighbouring property, but many are now softening their approach because JK is literally everywhere now.

Ask yourself: how would you feel if a seller and/or EA hid the presence of JK on a house you wanted to buy and you didn't find out until after exchange?

Basically agree - but JK isn't "literally everywhere now". I'm now in a part of the country where I do spot it pretty often:mad: - but the two properties I am aware of that have it near to me are both about 5-10 minutes walk from my house (ie much further than 7 metres away).

So - even in this part of the country - its not "literally everywhere". In others - its more "Try and find some if you can - because I personally have never seen it/never heard of anyone having it".

eddddy

It may make sense to inform prospective buyers of the knotweed fairly early on - otherwise it just wastes time and money, when it shows up on the SPIF and survey.

It seems that at least some EAs highlight it property details. For example...

please note: Japanese Knotweed is present in the garden - please check consequences with your mortgage provider before viewing.

Link: http://www.rightmove.co.uk/property-for-sale/property-42053261.html

N.B This property is currently undergoing a three year treatment for Japanese Knotweed. Reports can be provided upon request.

Link: http://www.rightmove.co.uk/property-for-sale/property-42011050.html

Japanese knotweed has been found in the garden of this house. The owner has had quotations for remedial treatment.

Link: http://www.rightmove.co.uk/property-for-sale/property-38706635.html

AGENTS NOTE: This property has Japanese Knot Weed in the garden.

Link: http://www.rightmove.co.uk/property-for-sale/property-44211967.html

Agents Note: Purchasers should be aware that Japanese Knotweed was found on the site approx. 2 years ago ...

Link: http://www.rightmove.co.uk/new-homes-for-sale/property-43388275.html

.... and lots more.

Rambosmum

Current legislation states that if the question is asked on the solicitors form then you must answer honestly. And it should be asked: e.g. is there Japanese Knotweed on the property or neighbouring properties.

Unless directly asked the owner does not need to disclose previous (correctly treated) JK and there is no way of finding out if there has been previous JK. Though if you have a certificate to say it's been properly treated I'm not sure why you wouldn't disclose it, particularly where there is a guarantee.

So buyers yes, the agent, not necessarily.

eddddy

Rambosmum wrote: »

Current legislation states that if the question is asked on the solicitors form then you must answer honestly...

To be pedantic... you don't have to answer the question. You can just leave it blank. But I imagine that the buyer would 'draw their own conclusions'...

It's really just covered by contract law and misrepresentation:

A misrepresentation is a false statement of fact or law which induces the representee to enter a contract.
...
The remedy available depends on the type of misrepresentation, but generally consists of rescission and/or damages.

Link: http://e-lawresources.co.uk/Misrepresentation.php

Although in extreme circumstances it could be treated as "Fraud by False Representation" which is a criminal offence. But I'm not aware of anyone being charged in this kind of situation.