Sellers may need to disclose toxic neighborhood dynamics, including heated WhatsApp group exchanges, to potential buyers, according to legal experts. The Property Information Form (TA6), used after an offer is accepted, is designed to uncover issues that could affect a buyer's decision.
One reader shared concerns about a neighborhood WhatsApp group that devolved from a parking dispute into a toxic environment with frequent arguments. While the reader was not directly involved in the disputes, they sought clarity on whether to disclose the group's nature on the TA6 form, which requires sellers to truthfully and accurately complete all information.
The form includes questions about any disputes or complaints concerning the property or nearby properties, as well as potential disputes related to shared spaces, facilities, or parking. According to Olivia Egdell-Page, a partner and head of property at Joseph A & Jones & Co, the updated form specifically asks about awareness of any disputes or complaints about a nearby property and anything that might lead to a dispute. She advises that the WhatsApp group and its messages should be disclosed, recommending sellers provide details and explain their non-involvement to allow buyers to make informed decisions.
Failure to disclose could lead to a claim for misrepresentation if the buyer discovers the issue after purchasing and can prove they relied on the inaccurate information and suffered a loss. Egdell-Page suggests that issues like these become apparent soon after completion, making disclosure the recommended course of action.
James Naylor, a partner at Naylor Solicitors, noted that not all neighborhood disagreements constitute a conveyancing issue. However, he agrees that answers on the TA6 form can lead to claims of misrepresentation if inaccurate or misleading. The form asks about past disputes and potential future ones involving nearby properties. Naylor suggests that a hostile or cliquey WhatsApp group might not always fall under the scope of the questions unless it relates to specific issues like parking, access, noise, boundaries, anti-social behavior, refuse, or shared areas that could affect a buyer's use and enjoyment of the property.
He emphasized that even if a seller has not participated in the arguments, the form's scope extends to disputes involving nearby properties. Disputes concerning shared driveways or parking arrangements, even if the seller is not directly involved, are more likely to require disclosure. Naylor stated that a dispute does not need to be formal or have reached legal proceedings to be disclosable.