Disputes when selling a home

Luxton28

Hello,

At some point in the near future i will be putting my house on the market.  About three years ago i raised a noise complaint with my local council regarding my next door neighbour's dog barking. I have since closed the case and requested that the council remove my dispute which they have.

I know this might be a legal question to my conveyancer in the future but i wondered if anyone has been in the same boat as me and has had to declare any kind of dispute when selling regardless if the dispute is closed with the council? Thanks.

user1977

The principle is really whether it's something a buyer would want to know - so is there no longer a barking dog, or did you just decide not to pursue the complaint (and there's a still a barking dog which a buyer might be irritated by)? There's not much point telling buyers about purely historical matters.

Brie

I would have thought that even if a particular complaint has been closed or resolved there could still be a problem with the neighbours and that you need to declare the situation.  

GDB2222

user1977 said:

The principle is really whether it's something a buyer would want to know - so is there no longer a barking dog, or did you just decide not to pursue the complaint (and there's a still a barking dog which a buyer might be irritated by)? There's not much point telling buyers about purely historical matters.

The question in the enquiry form does ask for all issues, both current and historical.  If the matter is historical, and there's a  good reason why it's unlikely to recur, it's hardly likely to derail the sale if you do disclose it. 

user1977

GDB2222 said:

user1977 said:

The principle is really whether it's something a buyer would want to know - so is there no longer a barking dog, or did you just decide not to pursue the complaint (and there's a still a barking dog which a buyer might be irritated by)? There's not much point telling buyers about purely historical matters.

The question in the enquiry form does ask for all issues, both current and historical.  If the matter is historical, and there's a good reason why it's unlikely to recur, it's hardly likely to derail the sale if you do disclose it. 

But there's absolutely nothing to be gained by doing so. Given how twitchy some buyers seem to be about the most innocuous things, I wouldn't bother giving them the full history about e.g. long-gone antisocial neighbours.

TheJP

It's also likely the council will keep your complaint on file for 6 years even if you have asked it to be closed/removed. Potential sellers could request the information, cant remember what the process is called but i want to say freedom of information act but i may be wrong.

Does the dog still cause issues?

user1977

TheJP said:

It's also likely the council will keep your complaint on file for 6 years even if you have asked it to be closed/removed. Potential sellers could request the information, cant remember what the process is called but i want to say freedom of information act but i may be wrong.

I don't think any of that becomes public except to the extent the council takes any statutory action.

GDB2222

user1977 said:

GDB2222 said:

user1977 said:

The principle is really whether it's something a buyer would want to know - so is there no longer a barking dog, or did you just decide not to pursue the complaint (and there's a still a barking dog which a buyer might be irritated by)? There's not much point telling buyers about purely historical matters.

The question in the enquiry form does ask for all issues, both current and historical.  If the matter is historical, and there's a good reason why it's unlikely to recur, it's hardly likely to derail the sale if you do disclose it. 

But there's absolutely nothing to be gained by doing so. Given how twitchy some buyers seem to be about the most innocuous things, I wouldn't bother giving them the full history about e.g. long-gone antisocial neighbours.

The problem with omitting some past dispute is if, perhaps unexpectedly, the problem does recur. 

For example, the barking dog: The neighbours went out to work, and neglected the dog, so it barked a lot. Covid came  along, the neighbours worked from home, and the dog was as good as gold. Shortly after the sale, the neighbours are required by their employers to start going back to the office full time, and the dog starts barking loudly again. 

If the sellers explain that the dog barked, but they haven't had a problem for well over 2 years, it might put off some buyers, but it's hard to judge how many. 

sheramber

The OP has logged on this evening but has not answered the question asked if the dog was still barking.