What the Property Form Remembers: Disclosure, Omission and the Buyer’s Remedy

Residential conveyancing in England and Wales rests on a familiar division of responsibility. The buyer investigates the property; the seller answers questions about matters within the seller’s knowledge. The Property Information Form, usually known as the TA6, is the principal document in that exchange. It is not a guarantee that the house is free from defect. It is a signed statement of fact, and it can be relied upon. That distinction matters because a form completed in haste can create a remedy long after keys have changed hands.

A record, not a warranty

The TA6 is issued by the Law Society and is normally completed by the seller with help from the conveyancer. It sits alongside the fittings and contents form, leasehold information where relevant, replies to further enquiries and the contract pack. No single document tells the whole story. A buyer’s solicitor will read them together, compare them with the survey and the local search, and raise further questions where answers are vague.

The form asks about disputes, notices, alterations, damage, services, rights of way, flooding, insurance claims and similar matters. Not every question will apply. The seller is not expected to commission a survey or to know what a specialist would discover. The standard is more modest and more practical: what does the seller know, and what should the seller reasonably have found out before signing?

That is why the form should not be completed from memory alone. Old correspondence, planning permissions, building regulations certificates, guarantees, insurance schedules and photographs can all prompt a more accurate answer. In 2026, with transaction timetables still compressed, the temptation to treat the TA6 as an administrative step remains strong. It is a false economy.

What must be disclosed

There is no general duty to volunteer every defect in a property, but the seller must not give false or misleading information. If the TA6 asks a direct question, the answer must be accurate and complete. If the seller knows of a dispute with a neighbour, a notice from the local authority, an insurance claim for subsidence or a breach of a restrictive covenant, that matter should be disclosed. The same applies to works carried out without consent, boundary uncertainties and known proposals that affect the property.

Answers such as not known or no should be given only after reasonable checks. A seller who has never looked at the paperwork may honestly say that they do not know, but the answer may still be misleading if the documents were readily available and plainly relevant. The safest course is to check before signing, not afterwards.

Supporting documents matter as much as the form itself. The TA10 identifies what is included in the sale. The TA7 deals with leasehold properties and service charge matters. Replies to further enquiries often contain the detail that decides whether a buyer proceeds. A seller who answers the TA6 carefully but leaves the supporting documents inconsistent has created a needless risk.

The omissions that become claims

Most misrepresentation claims in residential sales do not arise from elaborate deception. They arise from a gap between what the seller knew and what the buyer was told. Common examples include a history of damp that was treated but not disclosed, a dispute over a shared driveway that was described as private, building works carried out without planning permission, a flood insurance claim that was omitted, or Japanese knotweed that was known to be present but not mentioned.

Other omissions are subtler. A seller may describe a property as having a garage when it has been converted without consent. A seller may say that a boundary follows a fence when the title plan shows otherwise. A seller may answer no to a question about disputes because the matter was never formalised, even though solicitors’ letters were exchanged. None of these requires bad faith to cause serious difficulty. Carelessness is enough.

A buyer, in turn, should not assume that silence is acceptance. The TA6 is a starting point for enquiries, not a substitute for them. The survey, local search and independent checks remain essential. A buyer who reads the form closely and raises specific follow-up questions is in a much stronger position than one who relies on a general impression created by the estate agent’s particulars.

The remedies available

If a buyer completes the purchase in reliance on a false statement of fact, the law may provide a remedy. The Misrepresentation Act 1967 allows a claim where a statement was made negligently and the buyer relied on it. Fraudulent misrepresentation carries more serious consequences. Depending on the circumstances, the court may award damages or, in principle, allow rescission. After completion, rescission is often impractical, so damages are the more common outcome.

A claim is not automatic. The buyer must show that the statement was false, that it was a statement of fact rather than opinion, that it induced the contract and that loss followed. The seller’s state of knowledge is central. A genuine mistake may be treated differently from a reckless answer or a deliberate concealment. The practical lesson is that accurate completion protects the seller as much as it protects the buyer.

Discipline on both sides

For sellers, the discipline is straightforward. Check the records before answering. Describe matters plainly rather than in promotional language. Do not guess about permissions, guarantees or boundaries. If something has changed since the form was completed, tell the solicitor before exchange. If a buyer raises a specific concern, answer it precisely and in writing.

For buyers, the discipline is equally clear. Read the TA6 with the survey and searches in hand. Ask about apparent inconsistencies. Request the documents behind any guarantee or certificate. Check whether alterations needed consent. Do not rely on a verbal assurance from the seller or the agent if the point matters to the purchase.

A house sale is a transaction built on information. The TA6 is one of the few places where the seller’s knowledge is recorded in a form that can be tested later. Completed carefully, it prevents disputes. Completed casually, it preserves them. The difference is rarely dramatic at the time. It becomes apparent only when the answers are needed again.