Sellers Property Information Forms (2007)

[MRLM]

Are the 2007 versions of the TA06 and TA10 Property Information Forms completed by the seller, legally binding? The 2009 versions include statements confirming the information may be relied upon as part of the conveyancing process and so should be completed accurately etc etc . But these statements were not part of the 2007 version.

The Vendors of the house we bought last year, did not include accurate information about building work they had undertaken in the (2007) TA06 / TA10 forms they completed. Planning permission should have been obtained (it wasn’t) and in its’ current condition, the Council will not give this retrospectively until remedial work is done, which could cost up to £10,000. I can't imagine the Vendor would just hand this money over without a fight some 12 months after completion. Does anyone know about the legal status of the (2007) TA06/TA10 forms and has any one successfully claimed against the Vendors once the sale was completed ?

[Richard Webster]

1. The forms themselves are not really the point. The fact that there is no explanation on the earlier forms doesn't in itself stop them being relied on in appropriate circumstances. However, the contract needs to be looked at as it may have included wording which reduced the effect of any statements in the froms, particularly as to issues that could be independently verified by the buyer.

The statements made have to be looked at carefully. If all the seller said was something like that he built an extension and didn't need planning permission, you are not going to win a case if it did need permission - that's something you or your solicitors should have checked.

If, for instance, it can be established how big the extension is and where it is in relation to other features, such as boundaries and highways then the rules can be applied objectively, and what the seller thinks about the point is quite irrelevant.

If the legal position was that if built before a certain date no permission was required, but the rules later changed and the seller falsely represented that the work was done before the critical date, then you might get started on a claim. Usually the statements made must be those not easily capable of independent verification by the buyer.

Are you actually concerned about planning? People often get planning confused with building regulations and the mention of £10,000 smacks more of the latter.

Really to be able to comment sensibly we need to know exactly what the seller said in answer to particular questions and what you allege was wrong with those statements.

2. The other critical point is establishing whether the seller can (a) be found and (b) has the resources to meet any claim that you might successfully bring.