Does a TA6 form carry any weight if problems are undisclosed?

user1977

It's giving a false answer which might be actionable.

Bigphil1474

The vendor probably knew that saying a chemical DPC had been installed would be a big red flag to anyone who knows about chemical DPC's. Legally, they may not be lying by not mentioning it, but it is morally questionable. When we sold our house in 2024 , we had had subsidence in 2010, it had all been fixed by the insurers and as it was caused by a damaged water board drain, which had been fixed, there was no reason to believe it would happen again. We still set it all out on all the forms and we provided all the paperwork that we'd retained so the buyer would be fully informed.

Chemical DPC's are generally a waste of time that just mask the problem for a few years.

TheJP

https://forums.moneysavingexpert.com/discussion/comment/81859083#Comment_81859083

In this case no answer was given.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/81858860#Comment_81858860

Whilst my wife would argue otherwise, the absence of an answer isnt a lie. Had they answered there had been no problems and it turned out they knew they had that could be an issue. You've asked a question, they have declined to answer and you've accepted that so no come back.

Ideally you would have been unhappy with the lack of answer and pushed back to get them to complete the form completely. Equally your conveyancer would ideally have pointed out to you that it was incomplete and take your instruction on if to accept it or challenge it.

thetcutkid

https://forums.moneysavingexpert.com/discussion/comment/81859483#Comment_81859483

I completely agree with you about chemical DPC's !

thetcutkid

"…You've asked a question, they have declined to answer and you've accepted that so no come back..."

I take your point MRNT but personally (and this might just be semantics on my part) I would disagree with you on the word 'accepted'.

Just because something was missed or something simply wasn't known about doesn't imho mean that the person who missed it or didn't know about it is accepting of it…sorry too many 'its' in that sentence…the law of course probably has a different view!

TheJP

https://forums.moneysavingexpert.com/discussion/comment/81859887#Comment_81859887

You were… Sorry your friend was presented with no answer to a question before you completed the transaction, this was the opportunity to ask more questions on the issue highlighted which was raised in the survey. By completing this by due process is you sorry your friend accepting the answer. Your semantics i mean your friends semantics are irrelevant as a) they were presented with findings related to the issue and b) they failed to investigate further. Horse and bolted comes to mind.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/81859887#Comment_81859887

It may have been a tacit approval but ultimately it would have been in the pack given and your instruction if to proceed or not would have been sort. The purchase happened and the form wasnt pushed back on so it was accepted.

The law has a straightforward view, you can't hold them responsible for not answering Qs if you agreed to proceed without having the answers. It's far from unique to this, in a previous life we had to give a warranty that we had informed the buyer of one of our businesses that we had declared to them all the known data defects. Our ops director got into a panic saying that they dont know if there are unknown data defects and started arranging people to do weekend working etc to look but similarly had to stop them… if we look and find problems we'd have to declare them but that isnt what the warranty says, only have to declare known problems not unknown problems and we havent said we've done an in-depth recent audit or anything similar.

thetcutkid

"…Horse and bolted comes to mind…"

Oh c'mon, play nice ❤️

ExEstateAgent

Those chemical damp remedies are somewhat questionable. I mean, how readily does the average brick absorb fluid poured onto it?

If there was no obvious damp when the property was viewed and surveyed then it would suggest there wasn't a damp problem then.

Damp is often due to poor ventilation and given they started noticing 'severe damp' during September, I would say they need to try to pinpoint the root of it. Is it condensation, or is it some leaking drainpipe/faulty pointing? Have they spoken to the freeholder?

That would be a better use of time than pondering over a TA6 form.