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Disclosure of defects when selling a property

2 Aug 2011

It is, she said, also essential also to list these defects in the Offer to Purchase and in the Deed of Sale and to make both the buyer and the seller accept these by signing the documents.

If this is not done, said Steward, it can, and probably will, result in many days of argument later as to who is liable for the cost of repairs.

“To the seller it may seem very unimportant that there is a crack in the lounge wall or that the alarm is not connected to the response company - but if such defects are not pointed out they can lead to serious problems later.”

The tendency to claim for imperfections of any kind, said Steward, is likely to become even stronger in future now that the Consumer Protection Act has become law and the legal profession is beginning to test just how seriously its very stringent terms can be applied.

“The seller and his agent have an even greater obligation than before to disclose any inefficiencies in the property.”