Cash weblog reader Jane T asks: “I want to put my house on the market. One of the previous owners was stabbed to death by a family member in the house. Do I need to tell prospective owners?”
We requested Johnny Drysdale, residential property accomplice at Keystone Regulation, to reply this one…
Johnny says transparency is important relating to shopping for or promoting a property.
“Misleading omissions can lead to major legal consequences. The law is clear: sellers must provide all important information to ensure that buyers can make informed decisions,” he says.
Johnny notes there is a “balancing act” for solicitors between confidentiality and the responsibility to reveal.
“If a seller shares sensitive information about the property, such as a defect in the state and condition of the property or, say, a murder that has taken place in the property, and requests that it not be passed on to the buyer, the solicitor must carefully consider their legal obligations,” he says.
“Upholding transparency while maintaining confidentiality can sometimes create challenging scenarios.”
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Pic: iStock
Keep away from a pricey court docket battle
Johnny says sellers ought to be “proactive” in revealing any identified defects – whereas hiding an issue might appear tempting, it might lead to “costly legal battles”.
“The courts have seen cases where deliberately concealing defects has led to claims of deceit, setting a strong precedent for the importance of honesty in property transactions,” he says.
“Early and open communication between buyers and sellers is key to avoiding delays and ensuring a smooth transaction,” he provides.
“Both sides should aim to share relevant information from the start, helping to build trust and prevent surprises later on.
“Transparency is not only a authorized requirement – it is the easiest way to make sure a property deal goes easily and pretty for each events.”
In a nutshell, Jane – sure, you are legally required to proactively go on this info.
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