It transpired that the stream which ran near the property had overflowed from time to time. Martin November 15, 2020 at 11:21 am. In the seller's information report they tick that they are â¦ Details about access to the property, shared land and parking arrangements. For example, if there is Japanese knotweed on your property or a neighbouring one, there will need to be paperwork indicating when and how it was treated and what the outcome was. Neighbourhood disputes. We have also dealt with cases where a seller has believed that they were answering a question correctly. Under the law (specifically the Misrepresentation Act 1967) the burden of proof of misrepresentation has shifted from buyer to seller. The research showed that in the vast majority of cases, 69 per cent, the reason for the sale collapsing was down to the buyer pulling out, not the seller. Buyers would much prefer to buy a knotweed-free property than have to fork out considerable â¦ My conveyancer has confirmed with me, that conveyancing does not cover the occupation of the property. PROPERTY experts have launched an advice service to encourage banks to lend on homes across Yorkshire affected by one of the UKâs most notorious foreign plants â Japanese Knotweed. If you've bought a property with Japanese knotweed - and the seller didn't mention this on the TA6 form - you may be entitled to compensation. Sellers have a legal obligation to declare if a property is affected by knotweed when they sell. is it near a flight path or near a motorway?) Woodworm. The presence of Japanese Knotweed, a fast growing and very damaging plant. Within the PIF there is a question relating to Japanese knotweed and whether or not there is any at the property. If a seller answers ânoâ but it subsequently turns out that: there is and the seller knew (they lied); or at the very least ought to have known (they were careless and It reads: Is the property affected by Japanese Knotweed? If you are found to have lied about the presence of Japanese Knotweed, your buyer could make a claim against you for damages. We can provide you with advice if you think you may have Japanese Knotweed and can do a full site assessment to confirm if you have Japanese Knotweed and advise you what you should do. So I package that all up, the JK surveyors report, the TA6 form and the witness statement and emailed it to the previous owners conveyancing solicitor. Pests or problem weeds that are associated with the property (e.g. There are three options that sellers can choose: Yes, No and Not Known. However, that doesnât mean you should rely solely on your inspection capabilities. Knotweed Help is a trading style of Cobleys Solicitors Ltd 19-23 Sir Thomas Street, Liverpool L1 6BW We are here to assist people who are suffering with a widespread issue which has effected homeowners up and down the country, Japanese Knotweed, If you currently have knotweed we will put you in touch with one of our knotweed treatment experts to assess your issues. Japanese knotweed is prevalent; ... Common problems associated with sellerâs enquiries are getting the truth and in some cases it is possible to secure copies of planning, building control certificates, guarantees for subsidence, damp renovations or indeed for FENSA certificates if you have had new windows fitted. South Wales Knotweed Removal are experts in Japanese Knotweed and offers a genuine, honest and reliable service. The seller said that there was no Japanese Knotweed on the property To bring a misrepresentation claim you will need to first prove that the seller lied about something. What a seller ought to know when selling a property with Japanese knotweed A property infested with Japanese knotweed can make it difficult to sell. Problems such as subsidence, damp, and Japanese Knotweed can be very costly to rectify. Ownership of the house. Seeking compensation from the seller. Getting rid of the Japanese Knotweed doesn't have to involve a large amount of expense. Additionally, if a seller has lied about Japanese knotweed on the property, it can lead to a misrepresentation claim. My Daughter has Japanese knot weed in her garden which the seller hid from her by cutting it down. The sellers property information form and replies to enquiries, form part of the contract between you and the seller. The Court held that this was a misrepresentation. ârepresentationsâ. Had I known of this I would not have bought the property. Instances of flooding, subsidence and Japanese knotweed (an invasive plant that can grow through masonry) and any work carried out to remedy these issues. But are you able to prove that the seller lied? 20 replies 4.9K views abydam Forumite. âThe TA6 Property Information Form is used so that the seller can give important information about the property to the prospective buyerâ says Simon Davis, Law Society president. inaccurately maintained that the property does not suffer from Japanese knotweed when it does; and. Works that do not have planning permission. These are some of the problems you could face after buying a house in the UK. This can be tricky if the reason you are selling your property is due to an issue, such as Japanese knotweed, unbearable neighbours or cracks appearing on the walls quicker than you can fill them in. If she didn't ask I don't think she has. I had a vendor lie on a form about Japanese knotweed and continue to lie when both the surveyor and myself saw it with our own eyes. This means that it isnât up to the buyer to prove you lied on the form, itâs up to the seller to â¦ Japanese knotweed. âWe have updated the form following a recommendation that we review this question by the House of Commons Select Committee on Japanese knotweed. stated that the boundaries are in one place when in fact they are not. How to bring a misrepresentation claim. 26 September 2016 at 5:26PM edited 30 November -1 at 12:00AM in House Buying, Renting & Selling. Information about environmental matters, such as flooding, energy efficiency, and Japanese knotweed Details of rights and informal arrangements, such as access or shared use Information about parking â including whether the property is in a controlled parking zone or local authority parking scheme Planning permissions. Dig it up and forward it on to the seller.. ... Its a question they will have been asked on the standard questionnaire and they lied. What can I do if the seller lied on the TA6 property information form? The sellerâs solicitor explained that the seller had not experienced issues of flooding. This can result in a claim for misrepresentation against the seller. This can be a complex area and you should seek urgent legal advice if you find Japanese Knotweed on your property. We had 2 surveys done on the property before purchase, one the basic survey and in addition an in-depth survey. I don't know whether solicitors' questionnaires to sellers include a question about knotweed. This means it isnât up to the buyer to prove you knowingly lied on the form, itâs up to you to prove you didnât if they make a claim against you. Youâll find the Japanese Knotweed related question at 7.8 on the TA6 form. 0. Independent and professional advice should be taken before buying, selling, â¦ Reply Prev 1. of 2. Ask the seller if there are any issues you need to be aware of. If your daughter asked a direct question and they lied she has a good case. Any conveyancing solicitor, estate agent, buyer or seller will know the presence of Japanese knotweed can impede property sales. â¦ the list goes on. If you present the full picture to potential buyers, you will reassure them that you are trustworthy and improve your chances of â¦ The invasive plant is known for spreading quickly and for monopolising gardens. Japanese knotweed . What happens if a surveyor misses Japanese knotweed growing on a property you wish to buy? I'd pull out, the agent will be â¦ So, what happens if a seller lies on the property information form or in response to specific enquiries? The form covers a range of issues, from disputes with neighbours to Japanese knotweed. Three-quarters of potential buyers would be put off purchasing a property if they discovered there was Japanese knotweed present, research claims. Knotweed grows in large patches that can quickly push out any other competing plant life. Seller lied on property information form. My neighbour has provided a signed statement, which confirms he told them it was Japanese knotweed on several occasions and told them how nasty it is. Seller Lied On Property Information Form: What To Do? We have received an estimate from a specialist company of £13000.00 to remove it. Japanese Knotweed is a contentious plant that can depreciate the value of a property and cause conflict between neighbourâs. Content provided by OnTheMarket.com is for information purposes only. The TA6 form also requires the seller to provide information about "alterations, planning and building control". Next ... and one of them said his brother actually reversed a house purchase because the seller had lied on the survey; there was knotweed in â¦ Seller, have informed me of the previous in-occupancy with regards to premium Council tax payments. The agent was short with me too and somehow wanted me to buy the house when the bank wouldn't lend. If you are planning to put your house on the market, you must try to make your house as appealing as possible to attract potential buyers. rats, bats or Japanese knotweed) Location of the house (e.g. However, some will claim they arenât aware of it âto the best of their knowledgeâ, while others will attempt to conceal the weed by cutting it back, burning it, covering it with lawn or Trust in Japanese Knotweed Ltd, the UKâs Experts. Thankfully, such as issues are usually fairly easy to spot. The previous owners did not disclose that Japanese Knotweed was growing throughout the garden. If your house seller knowingly lied about Japanese knotweed during the sales process, you may be able to make a claim against them for misrepresenting the property. Undisclosed japanese knotweed on property. Neither one picked up the knotweed. Japanese Knotweed Legislation is complicated and sometimes difficult to understand.