Buyer not getting survey - Do I need to point out all the problems?

fluffymuffy

Our house sold very quickly (in less than a week) because it was priced to reflect its condition. It has a rotten dormer window which will be expensive to fix, and some areas of rot in the eaves. The eaves need also painting. 

Buyer is not planning to have a survey because they don't need a mortgage. They're cash buyers currently living in rented accommodation.

Are we obliged to point out all the defects? Such as the rotten window and eaves? These are not hidden and can be easily seen just by looking. I'd rather they have a survey. What if i miss something and fail to point out a problem?

mebu60

Only answer any questions they ask. Is buyer beware and their choice not to have a survey. Just be honest with any question asked to the best of your knowledge or put don't know if that is the case. Don't answer questions not asked! 

Hoenir

fluffymuffy said:

Buyer is not planning to have a survey because they don't need a mortgage.

Surveys can be for the buyers benefit as well. Buyer beware as they say. Don't be surprised if there's last minute bullying tactics in an attempt to force the price down. 

lincroft1710

All you need to do is answer the questions on the form TA6 honestly and also any questions the prospective purchaser may ask you. If you do not know the answer to a question, say so You are under no legal obligation to volunteer any information about the house. If they choose not to have a survey, that is their problem

Jonboy_1984

Generally in England it is buyer beware, and the onus is on them to make sure the property is suitable for their needs and be satisfied with its condition before exchange of contracts. 

You need to answer any questions they ask as honestly as possible, ideally via your respective solicitors, and “not known” is better than guessing an answer. You don’t need to answer questions they don’t ask and I would avoid “over-explaining” issues.

If  in doubt discuss with your solicitor, they are being paid to represent you.

eddddy

No - assuming you're a private seller, you're not required to point out any problems etc.

(If you were selling the house as a business activity, you'd be bound by consumer protection legislation - so the situation might be different.)

TBG01

If you haven't already, you'll be sent a couple of forms (TA6 & TA10) to complete to the best of your knowledge regarding the property. It's then on the buyer/buyer's Solcitor to review and raise queries (if any) regarding those answers.

Also just to be clear, even if they were getting a mortgage, and unless it was their lenders requirement, there would be no legal requirement to get a survey. 

The lender does a valuation which is nowhere near as a thorough as survey.

timehastoldme

Our buyer didn't, we thought that was absolutely insane but we weren't going to point it out. We were honest in the forms, a bouncy floor board needed replacing and literally every window was blown. If a survey had given him cause to negotiate we would have been in trouble with our onward purchase so we were relieved, but very confused.

If it's visible, and if you've not hidden anything, you've nothing to worry about 

youth_leader

I do wish it was a legal requirement to reveal problems in a property.  My beautiful sheltie started coughing after six months here, and had a fungus in his nose when he died because my survey didn't pick up every floor in this bungalow was black with mould. 

FreeBear

youth_leader said: I do wish it was a legal requirement to reveal problems in a property.

The Scottish system where a survey has to be included in the home information pack is a step forward. But even up there, the surveyor is restricted in how invasive his/her investigations are. So anything hidden under carpets will remain undiscovered.

Skiddaw1

FreeBear said:

youth_leader said: I do wish it was a legal requirement to reveal problems in a property.

The Scottish system where a survey has to be included in the home information pack is a step forward. But even up there, the surveyor is restricted in how invasive his/her investigations are. So anything hidden under carpets will remain undiscovered.

Indeed. Friends of ours who bought in Scotland later discovered house was riddled with dry rot (not identified in HIP survey). Felt so desperately sorry for them.