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Should Home Sellers Disclose Property Problems?

August 4, 2025
3 min read
Should Home Sellers Disclose Property Problems?
The Pros and Cons of Transparency in Today’s Market

The Pros and Cons of Transparency in Today’s Market

Selling a home can be exciting — but it’s also filled with tough decisions. One of the biggest questions many sellers face is: how much do I really have to disclose about my property’s problems?

In the UK, property sellers are required to be truthful, but the level of detail and timing of disclosures can vary. Being transparent has its benefits, but it can also raise some challenges. Let’s explore both sides.

⚖️ The Legal Background

Under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), sellers and estate agents are legally obliged to disclose any information that could affect a buyer’s decision to purchase.

That means hiding issues like damp, subsidence, roof leaks, or boundary disputes could come back to haunt you — even after the sale.

Buyers usually learn about issues through the TA6 Property Information Form, a detailed questionnaire that sellers must complete honestly.

The Pros of Disclosing Property Problems

1. Builds Buyer Trust

Being open about known problems creates a sense of honesty and reliability. Buyers appreciate transparency — and that can make them more willing to proceed.

Example: If you disclose a past roof leak but show receipts for professional repairs, buyers often view it positively.

2. Reduces Legal Risk

Failing to disclose known issues can lead to misrepresentation claims. In some cases, buyers can sue for damages or even have the sale reversed.

A few thousand pounds spent fixing or reporting a problem honestly is far cheaper than defending a legal battle later.

3. Speeds Up the Sale

When buyers feel informed, they’re less likely to pull out during surveys or negotiations.
Unexpected surprises (like hidden damp) often cause delays or renegotiations — being upfront can prevent that.

4. Helps Manage Pricing Realistically

Disclosing problems allows you and your agent to price the property accurately. Buyers may still be interested if they know the full picture and feel the price reflects it.

It’s often easier to sell a “fixer-upper” honestly than a “perfect home” that later turns out not to be.

The Cons of Disclosing Property Problems

1. Might Scare Off Some Buyers

Transparency can sometimes make a property sound worse than it is. For example, a small area of historical subsidence — long since repaired — may alarm buyers unfamiliar with the issue.

Tip: Provide evidence of professional work and reports to reassure them.

2. Could Lower the Sale Price

Some buyers might use disclosed problems to negotiate a discount. If competition in your local market is low, you might end up accepting a lower offer.

3. Complicates Marketing

Estate agents must reflect known issues in their listings. That can make marketing trickier if the property’s problems dominate the conversation rather than its potential.

Solution: Focus on solutions — e.g., “new damp-proofing installed in 2023” rather than “had a damp issue.”

4. Risk of Over-Disclosure

Some sellers worry that mentioning too much — even small defects — can create unnecessary concern.
Balance is key: disclose what matters, but present it clearly and calmly, backed by documents if possible.

💡 Best Practices for Sellers

Get a pre-sale survey – Knowing your property’s condition before listing helps you manage disclosures confidently.

Keep all repair paperwork – Proof of professional fixes can turn a “problem” into a reassurance point.

Work with an experienced estate agent – They’ll know how to phrase disclosures correctly and keep the sale moving smoothly.

Be proactive – Hiding problems rarely pays off; honesty is often the best business strategy.

🏁 Conclusion

While it can be tempting to gloss over a few imperfections, honesty and transparency are almost always the smarter route. Disclosing property problems helps you avoid legal risk, build trust with buyers, and often ensures a smoother, quicker sale.

In today’s transparent property market — where buyers are more informed than ever — being upfront isn’t just the right thing to do; it’s good business.

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