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Selling question

To make a long story short - the police have been involved with a complaint of criminal damage done to my house against the son of someone who lives at the end of the street.
I understand when you sell you need to complete a form giving details of any disputes.
As this is a criminal matter not a civil dispute, I am assuming that I would not be required to disclose this?
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Comments

  • ThePants999
    ThePants999 Posts: 1,748 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Ask your conveyancing solicitor.
  • Thanks Pants, but I'm not at that point yet. I am dealing with my anxieties by finding out things in advance!
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 April 2016 at 7:33AM
    Depends on the circumstances (and how the question is worded) but it's really getting at disputes concerning the property, not personal disputes you have with people who coincidentally happen to be neighbours.

    (or to put it another way, are your buyers likely to have the same problem?)
  • ThePants999
    ThePants999 Posts: 1,748 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Honestly, I think this needs a solicitor to answer. I wouldn't trust the advice of anyone on here on this one, unless they're a solicitor.
  • Thanks both.
    I even took a look at the Law Society's guidance document and it wasn't very helpful. I do wonder if it's one of those things that is as long as a piece of string.
    I think the problem won't reoccur davidmcn as the cops told me that they know the dad will be hard on the son for creating trouble (I think they meant he will get a good hiding) - and that's just what's needed.
  • You should ask your conveyancing solicitor for that.
  • SmlSave
    SmlSave Posts: 4,911 Forumite
    Part of the Furniture Combo Breaker
    edited 19 April 2016 at 10:28AM
    The Law Society Property Information Form (TA6 form) which forms part of the Contract Packs asks at Point 2:

    2.1 Have there been any disputes or complaints regarding this property or a property nearby? If Yes, please give details:

    2.2 Is the seller aware of anything which might lead to a dispute about the property or a property nearby? If Yes, please give details:


    Point 3 then asks for details of any notices or correspondence received or sent
    Currently studying for a Diploma - wish me luck :)

    Phase 1 - Emergency Fund - Complete :j
    Phase 2 - £20,000 Mortgage Fund - Underway
  • That has got me wondering whether for something to count as a "dispute" it would have to be between home-owners/property owners?
    - ie not some random Other person.

    As this was done by the son of the household - rather than the householders themselves (and it sounds like the household isnt a "problem household" - just one that has one problem person in it) then I would doubt it would matter. If it had been the property owner themselves - ie the father and/or mother that had created that incident then it might be different.

    As stated though - ask your solicitor (pointing out that it isnt the property owner themselves that has created the incident - just a random Other Person living with them).
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think it is likely that you will need to disclose. It is not random, it cincerns the son of a neighbour.

    hopefully, however, if you are not selling immediately you will be able to say somthing like "in April 2016 a complaint was made to the police about ciriminal damage caused to the property by the son of a neighbouring home-owner. The incident was dealt with by the police and there have been no futher issues"

    You've then covered yourself by not concealing naything and, all being well, the potential buyer can see that it wa a historic incident not something likely to cause any ongoing issues.

    but you would need to ask your conveyaniving solicitor, and to give them a bit more information abouthe incident. Other factors may make a diference - e.g. if the son is a teenager living at home then there may be more of a risk of further incidents than if he is a 40 year old who lives miles away.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • lincroft1710
    lincroft1710 Posts: 18,950 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    A dispute is an argument or quarrel. If you haven't argued or quarrelled with the father of the miscreant then you haven't had a dispute. This is surely a case of vandalism rather than a dispute
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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