Controversy over the new TA6 form in residential conveyancing

The aim of introducing the new form was to ensure better informed buyers, which could help reduce both the time the process takes and the number of sales that fall through.

The reason for the postponement is the widespread concern from within the legal profession. The form was supposed to lead to a more upfront and transparent conveyancing process, but this is not how it is perceived by many.

The TA6 form has increased to 32 pages of questions. Sellers of property often find the existing form overwhelming and require additional help, so many legal practitioners consider an even more extensive form may result in increased fees for conveyancing.

The new TA6 form requires sellers to make statements that the information contained in the form is correct and accurate. If any information in the TA6 is incorrect or inaccurate, a purchaser of the property can sue the seller for misrepresentation. There are three possible answers on the new TA6 form; these are “Yes”, “No” or “Not as far as the seller is aware”.  It is assumed that by responding to the enquiries about the property, the seller is deemed to have carried out reasonable checks in providing these answers.  Sellers must let their solicitors know if any of the answers given change between the time that the TA6 form was completed and exchange of contracts taking place.

There has been an increase in the number of claims for misrepresentation based upon inaccurate information in the TA6 form, mostly for non-disclosure of relevant information such as the risk of flooding, noise or neighbour disputes and alterations made to properties. There are many claims about the inaccurate disclosure of the presence of Japanese Knotweed.

The new TA6 form was meant to lead to earlier conversations between a purchaser and their legal advisers which would streamline the conveyancing process but, instead, appears to have added a level of complexity as well as bringing further potential causes of action against sellers or their legal advisers. In practice, we are assisting sellers by providing them with the updated explanatory notes that accompany the form and emphasising to them the importance of answering enquiries accurately. We are then on hand to provide additional advice on completing the forms as required.

For further advice on buying or selling property please get in touch with one of our residential conveyancing solicitors or call 03333 231580.