Most sellers assume the awkward questions come later. Somewhere in the solicitor’s pack, weeks after an offer, when the buyer’s conveyancer starts digging. That is not how it works any more. A good deal of it has to be sorted before your home is even advertised, and the phrase for it is material information. It sounds like paperwork. In practice it is one of the biggest reasons sales either run smoothly or fall apart in month three.
What is material information?
It is any information a buyer would need in order to make an informed decision about yourproperty. Under consumer protection law, an agent must not omit or hide it from a listing, andNational Trading Standards has published guidance setting out exactly what that means inpractice. That guidance splits into three parts, and it is worth knowing which is which, because the secondand third parts are where sellers get caught out.
What are Parts A, B and C?
Part A applies to every listing, no exceptions. Council tax band, the tenure, and the asking price. If it is not there, the listing is not compliant. Part B also applies to every property. The property type, the construction materials, the number and type of rooms, and details of utilities and parking. Broadly, the things any buyer would want to know about any home. Part C only applies if it affects your property, and this is the part that matters most to you. Things like flood risk, restrictive covenants, rights of way, or anything else unusual that a buyer could not reasonably guess at. Part C is not a list you can skim and ignore. If something in it applies to your home and it does not make it into the listing, that is the omission that causes the problem.
Why does this matter to you rather than just your agent?
Because your agent can only publish what you tell them. We cannot know that the shed sits over a right of way, or that the previous owners had aboundary disagreement, or that the loft conversion was done without sign off, unless somebodytells us. And if we cannot know it, we cannot disclose it.
So when a buyer’s solicitor finds it in week eight, three things tend to happen at once. The buyer loses confidence, the price gets renegotiated, and the whole chain stalls while everybody waitsfor an answer that could have been ready in week one. The uncomfortable version is worse. A buyer who feels something was deliberately kept fromthem tends to walk away altogether, and to tell people why.
What should you actually get together?
Before your home goes on the market, dig out whatever you have on the following. You will need most of it for your solicitor anyway, so nothing here is wasted effort.
Building regulations approvals and completion certificates for any work done. Extensions, loft conversions, knocked through walls, replacement windows, a new boiler.
Planning permissions, and anything that was done under permitted development. Guarantees and warranties. Damp proofing, timber treatment, cavity wall insulation, the roof,the boiler, the windows.
Anything unusual about the tenure. A shared drive, a management company, a service charge, a lease, ground rent, a covenant that restricts what can be done.
Anything you know about flooding, subsidence, Japanese knotweed, or a past insurance claim on the property. Any dispute with a neighbour, however long ago and however resolved.
What if the answer is awkward?
Then say it anyway, and say it early. This is the part sellers find hardest, and the part that pays off most. A known issue that is disclosed up front becomes a fact the buyer prices in. The same issue, discovered later, becomes a reason to doubt everything else you have said. One costs you a small negotiation. The other costs you the buyer.
And you are not the first person to sell a house with something odd about it. Most homes havesomething. Buyers are far more tolerant of a problem than of a surprise.
What if you genuinely do not know?
Say that too. “Not known” is an acceptable answer where you honestly cannot establish something, and it is a great deal safer than a confident guess. The one thing you should not do is assume. If you think the conservatory probably hadpermission, that is not the same as knowing, and your solicitor can usually find out.
Getting ready to sell?
When we take a property on, we would rather spend an extra hour with you at the start going through all of this than lose a sale to it later. If you are thinking about selling, get in touch and we will tell you exactly what to start looking for.
Frequently asked questions
What is material information when selling a house?
It is any information a buyer would need to make an informed decision, which an agent must not omit or hide from a property listing. National Trading Standards guidance divides it into Part A, which applies to every listing, Part B, which applies to every property, and Part C, which applies only where the issue affects that particular home.
Do I have to disclose problems with my house?
If it is material to a buyer’s decision, yes, and it is in your interest to do it early. A disclosed issue gets priced in. The same issue found later by a buyer’s solicitor often costs you the sale rather than just the money.
What happens if material information is missed?
Typically the buyer’s solicitor finds it during conveyancing, which triggers renegotiation, delay, or a withdrawn offer. It is one of the more common reasons a sale collapses well after it was agreed.
Do I need to disclose a neighbour dispute?
A past or present dispute with a neighbour is generally something a buyer would want to know, so raise it with your agent and your solicitor rather than deciding for yourself that it is not relevant.
Can I just say I do not know?
Where you genuinely cannot establish something, yes, and that is far safer than guessing. But do not use it to avoid finding out something your solicitor could establish for you.
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