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Dont lie on TA6 form....

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Comments

  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 January 2023 at 9:22PM
    The default 'get out of jail' card on the TA6 is to say that the info is' not known: the buyer should rely on their own investigations'. If you are in doubt. don't commit.

    No free lunch, and no free laptop ;)
  • eddddy
    eddddy Posts: 17,790 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    The problem is...

    The buyer's claim was for £32k... but the buyer's legal fees were £95k.

    I suspect that a lot of buyers who were victims of 'untruthful TA6 forms' would give up - rather than risking £95k in legal fees - assuming they could raise £95k in the first place.


    (If I was to get all philosophical I could mention the quote "In England, justice is open to all - like the Ritz Hotel")

  • 700k "dream home" is a 2-bed (ish) London terrace.

    And we wonder why people can't "get on the ladder".
  • Would be interested to see a breakdown of the award. How much was for diminution of value, I wonder. It's good to see awards being made for that, after it previously being difficult to obtain them e.g. from insurance.
  • GDB2222
    GDB2222 Posts: 25,991 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It’s interesting that the damages were assessed as £32k. The cost of treatment is probably just a few £k, so that leaves the assessed diminution in house value as say 3-4%. That is quite a lot for such a small outbreak quite a way from the house.


    No reliance should be placed on the above! Absolutely none, do you hear?
  • baser999
    baser999 Posts: 1,237 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    700k "dream home" is a 2-bed (ish) London terrace.

    And we wonder why people can't "get on the ladder".
    That’ll be the going rate in that part of the world sadly 
  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    Hi
    I read about this yesterday.

    I think the TA6 must have changed as I dont recall anything re the knotweed

    Even if the seller had took an indemeity insurance out it does not cover them for not being open about something I guess.

    How many times has the tA form been revised and does anyone have a link to all of the revisons?

    Thanks
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi
    I read about this yesterday.

    I think the TA6 must have changed as I dont recall anything re the knotweed

    Even if the seller had took an indemeity insurance out it does not cover them for not being open about something I guess.

    How many times has the tA form been revised and does anyone have a link to all of the revisons?

    Thanks
    The vendor is not required to be 'open' about anything. They are required to be truthful, and not misrepresent the property. If they had defended the action on the grounds that they didn't know about the knotweed, and hadn't answered 'no' to the relevant question on the TA6, and were believed by the judge, then they would have won.
    A vendor could 'know' that the entire property was structurally ruinous, but as long as they don't claim otherwise, either verbally  or on the TA6, then they could not be successfully sued. 
    No free lunch, and no free laptop ;)
  • FreeBear
    FreeBear Posts: 17,953 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    diystarter7 said: I think the TA6 must have changed as I dont recall anything re the knotweed
    Looking at a revision dated 2013 (3rd edition). Section 7.8 asks about JKW. I suspect the current 4th edition will be the same.

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