Introduction to Problems When Selling a Home
Selling a home in the UK can be a complex process, and it’s not uncommon for sellers to encounter a range of challenges along the way. From unexpected legal issues to practical setbacks, understanding the potential problems you might face is essential for a smooth and successful sale.
Some of the most frequent issues include disputes over property boundaries, delays caused by incomplete paperwork, or problems discovered during the buyer’s survey. Sellers may also run into difficulties if there are unresolved planning permissions, outstanding debts secured against the property, or if they fail to disclose important information to potential buyers. These challenges can lead to delays, additional costs, or even the collapse of a sale at the last minute.
Legal requirements play a key role in the selling process. For example, the Law Society’s Property Information Form (TA6) must be completed accurately, and failure to disclose relevant details – such as disputes with neighbours or structural problems – could result in legal action after the sale. Sellers are also responsible for providing an Energy Performance Certificate (EPC) and ensuring that all necessary documents, such as title deeds and guarantees for works carried out, are available and up to date.
Understanding these legal and practical hurdles is vital. It helps you prepare in advance, avoid costly mistakes, and reduce the risk of complications. By being aware of your rights and responsibilities, you can respond quickly if problems arise and work effectively with your solicitor or conveyancer to resolve them.
This page is designed to guide you through the most common problems when selling a home, offering clear explanations and practical tips for overcoming them. Whether you’re concerned about legal obligations, dealing with difficult buyers, or unsure how to handle delays, you’ll find the information you need to protect your interests and keep your sale on track. For a broader overview of the process and your key responsibilities as a seller, you may also find our main guide to selling a home helpful.
Common Legal Issues Sellers May Face
Selling a home in the UK can sometimes be complicated by legal issues that may delay or even prevent a successful sale. Understanding these common challenges can help you prepare and resolve them more effectively.
One of the most frequent legal issues involves disputes about who actually owns the property or where the property boundaries lie. For example, if the property is jointly owned, all owners must agree to the sale. If there is any disagreement or if the ownership records are unclear, the sale could be delayed.
Boundary disputes can arise if there is uncertainty or disagreement with neighbours about where the exact boundary line is. This might happen if fences, walls, or hedges have been moved over time. The Land Registry holds official records of property boundaries, but these can sometimes be vague or out of date. Resolving boundary disputes often requires negotiation, and in some cases, a surveyor or legal action.
The property title is the legal documentation that proves you own your home and have the right to sell it. Problems can occur if:
There are missing or incomplete documents, such as old deeds or transfers.
The title is not registered with the Land Registry (a requirement for most properties in England and Wales).
There are restrictions, covenants, or easements on the title that limit what you or a buyer can do with the property. For example, a covenant might prevent certain types of building work, or an easement might give someone else a right of way over your land.
Buyers’ solicitors will check the title thoroughly, and any issues can lead to delays or renegotiations. It’s important to gather all relevant documents and resolve any problems before putting your property on the market.
The sale of a home in the UK is governed by contract law. The process involves exchanging contracts between the buyer and seller, which makes the sale legally binding. Problems can arise if:
The sale agreement is unclear or contains errors.
There are disagreements about what is included in the sale (for example, fixtures and fittings).
The seller fails to disclose important information about the property, such as known defects or ongoing disputes. Under the Consumer Protection from Unfair Trading Regulations 2008, sellers are required to be honest and transparent. Failure to disclose relevant information could lead to legal action or the sale falling through.
To avoid these issues, it’s best to work with a qualified solicitor or conveyancer who can ensure the contract is accurate and that all required disclosures are made.
If there is an outstanding mortgage or other financial charge (such as a secured loan) on your property, this must be settled before or at the time of sale. The proceeds from the sale are typically used to pay off the mortgage, but complications can occur if:
The amount owed is more than the sale price (negative equity).
There are other liens, such as unpaid council tax or charges from contractors, registered against the property.
All charges must be cleared before the buyer can take legal ownership. Your solicitor will check for any registered charges and arrange for them to be paid off as part of the sale process.
By understanding these common legal issues, you can take steps to address them early and help ensure your home sale goes as smoothly as possible. If you are unsure about any aspect of the process, seeking legal advice is always recommended.
Ownership and Boundary Disputes
Unclear ownership or boundary lines are common issues that can delay or complicate the sale of a home. These disputes often arise when property deeds are outdated, boundaries are not clearly marked, or neighbours disagree about where one property ends and another begins. Such uncertainties can make buyers nervous and may even cause a sale to fall through if not resolved promptly.
When selling a property, you must prove that you are the legal owner and that the boundaries shown on the title plan are accurate. If the Land Registry records do not match the physical boundaries, or if there are questions about shared access or rights of way, buyers and their solicitors may raise concerns. For example, if a fence has been moved or a garden extension crosses into a neighbour’s land, this could trigger a dispute.
Legal ownership is usually proved by the title deeds and the records held by HM Land Registry. In England and Wales, most properties are now registered, but if your property is unregistered or the records are incomplete, proving ownership can be more complicated. Disputes may also arise if there is joint ownership and one party does not agree to the sale.
If you are aware of any ownership or boundary issues, it is best to address them before putting your home on the market. Here are some practical steps you can take:
Check Your Title Deeds and Land Registry Records: Obtain an up-to-date copy of your property’s title register and title plan from HM Land Registry. Make sure the information matches the physical boundaries and ownership arrangements.
Commission a Professional Survey: If boundaries are unclear, consider hiring a chartered surveyor to carry out a boundary survey. A surveyor can provide a detailed plan showing the legal boundaries, which can help resolve disputes.
Talk to Your Neighbours: Open communication with neighbours can often resolve minor disagreements about fences, walls, or shared access. If you reach an agreement, consider recording it in writing.
Mediation or Legal Advice: For more serious disputes, mediation can help both parties reach a compromise without going to court. If an agreement cannot be reached, you may need to seek legal advice or apply to HM Land Registry for a boundary determination under the Land Registration Act 2002.
Rectify the Title if Necessary: If there are mistakes or omissions in the title register, you can apply to HM Land Registry to correct them. This process may require supporting evidence, such as old deeds, photographs, or witness statements.
What if I discover a boundary dispute during the sale? If a buyer or their solicitor raises a boundary issue, be honest and provide any information you have. Taking steps to resolve the dispute quickly can help keep the sale on track.
Can I sell if there is an ongoing dispute? You can still sell, but you must disclose any disputes on the Property Information Form (TA6). Failing to do so could lead to legal claims from the buyer later on.
Is there a legal definition of a boundary? Under UK law, property boundaries are usually defined by the title plan and any physical features, but these can be open to interpretation. The Land Registration Act 2002 and guidance from HM Land Registry set out the rules for determining and recording boundaries.
Resolving ownership and boundary disputes early not only speeds up the sale process but also gives buyers confidence and helps you avoid legal complications further down the line. If you are unsure about your property boundaries or ownership status, seeking professional advice is always recommended.
Title Problems
When selling a home, having a clear and accurate property title is essential. The “title” refers to the legal ownership of the property, as recorded with HM Land Registry in England and Wales, or the Registers of Scotland in Scotland. The title proves who owns the property and sets out any rights or restrictions that affect it. Without a clear title, you may face delays or even risk the sale falling through.
Buyers and their solicitors will always check the title as part of the conveyancing process. They want to be sure that you have the legal right to sell, and that there are no hidden issues – such as rights of way, restrictions, or outstanding mortgages – that could cause problems later. If the title is not “clean,” buyers may withdraw or ask for issues to be resolved before proceeding.
Several title problems can arise when selling a home:
Missing Paperwork: Sometimes, key documents such as deeds, transfer documents, or old mortgages are missing or incomplete. This can make it difficult to prove ownership or show that previous loans have been repaid and removed from the title.
Errors on the Register: Mistakes can occur in the official records, such as incorrect boundaries, names, or property descriptions. These errors must be corrected before a sale can go ahead.
Restrictive Covenants: These are legal restrictions placed on the property, such as a ban on building extensions or running a business from home. If these are not disclosed or understood, they can surprise buyers and cause disputes.
Unregistered Land: If your property has never been registered with HM Land Registry (common with very old homes), proving ownership can be more complicated and may require extra steps.
Third-Party Rights: Sometimes, other people may have rights over the property, such as a right of way across your land or a leasehold interest. These need to be clearly set out and understood.
If you discover a title issue, it’s important to act quickly. Most problems can be resolved with the help of an experienced conveyancing solicitor. They can:
Obtain Missing Documents: Solicitors can help track down lost deeds or request official copies from HM Land Registry.
Correct Errors: If there are mistakes on the register, your solicitor can apply to HM Land Registry to have them corrected. This may involve providing evidence or sworn statements.
Deal with Restrictive Covenants: If a covenant is problematic, your solicitor can advise whether it can be removed or modified. This may require negotiating with the person who benefits from the restriction or applying to the Lands Tribunal under the Law of Property Act 1925.
Register Unregistered Land: Your solicitor can prepare the necessary documents to register your property for the first time, using evidence such as historic deeds and statements.
Clarify Third-Party Rights: Any rights affecting the property should be clearly set out in the contract and explained to the buyer to avoid misunderstandings.
Check Your Title Early: Don’t wait until you have a buyer – ask your solicitor to check your title as soon as you decide to sell.
Be Honest About Issues: Disclose any known problems to your solicitor early on. Trying to hide issues can lead to bigger problems later.
Keep Good Records: Hold onto any paperwork relating to your property, including old deeds, planning permissions, or legal correspondence.
Addressing title problems early helps ensure a smoother sale and reduces the risk of delays or failed transactions. If you’re unsure about any aspect of your property’s title, seek legal advice as soon as possible.
Contract and Paperwork Difficulties
Having the right paperwork in order is one of the most important parts of selling a home. The contract of sale is a legally binding document that sets out the terms agreed between you and the buyer. If there are mistakes or missing information in the contract or supporting documents, it can lead to delays, disputes, or even the collapse of the sale.
A property sale contract must be accurate, complete, and comply with UK law. Under the Law of Property (Miscellaneous Provisions) Act 1989, contracts for the sale of land must be in writing and include all agreed terms. Both the seller and the buyer need to sign the contract for it to be legally binding. Any errors or omissions could make the contract invalid or expose you to legal claims.
Sellers often encounter issues such as:
Incomplete or inaccurate property information forms: You are required to fill out forms like the TA6 (Property Information Form) and TA10 (Fittings and Contents Form). If you leave out details or make mistakes, the buyer could claim misrepresentation if problems come to light later.
Errors in the sale agreement: Mistakes in names, property boundaries, or the agreed price can cause confusion and may need to be corrected before the sale can proceed.
Missing documents: Essential paperwork such as planning permissions, building regulation certificates, or guarantees for work done on the property must be provided. Missing documents can delay the process or put off buyers.
Failure to disclose issues: You have a duty to answer all questions honestly. Failing to disclose known issues, like disputes with neighbours or structural problems, can result in legal action after the sale.
Working with an experienced solicitor or conveyancer is the best way to avoid contract and paperwork problems. They will:
Check all documents for accuracy and completeness.
Advise you on what information you must disclose.
Ensure the contract meets all legal requirements.
Handle communication with the buyer’s solicitor to resolve any queries quickly.
It’s important to provide your solicitor with all relevant information from the start. Double-check forms before signing and keep copies of everything you submit. If you are unsure about any part of the paperwork, ask your solicitor to explain it in plain English.
By being thorough and seeking professional advice, you can prevent most contract and paperwork difficulties, helping your home sale proceed smoothly and reducing the risk of costly disputes later on.
Mortgage and Financial Liabilities
When selling your home in the UK, any outstanding mortgage or other debts secured against the property can significantly affect the sale process. Most homes are sold with a mortgage still in place, so it’s important to understand how these financial obligations are handled during a sale and what can go wrong if they are not properly managed.
If you have a mortgage or any other loan secured against your property (such as a secured loan or a charging order), the lender has a legal right over your home. This means you cannot transfer ownership to a buyer until these debts are settled or arrangements are made to clear them on completion.
During the sale, your solicitor or conveyancer will contact your lender to obtain a redemption statement. This statement shows the exact amount needed to pay off your mortgage, including any early repayment charges or administration fees. The same process applies to any other secured debts.
Legally, you must clear all secured debts before the sale is completed. Under the Law of Property Act 1925, the buyer is entitled to receive the property free from any mortgages or charges unless they have expressly agreed to take them on. In almost all residential sales, the buyer will refuse to proceed unless the title is clear.
The usual process is for your solicitor to use the sale proceeds to pay off your mortgage and any other secured debts on the day of completion. The lender will then release its charge over the property, allowing the sale to go ahead. If the sale price is not enough to cover the outstanding debts, you will need to pay the difference from your own funds – otherwise, the sale cannot complete.
Failing to deal with mortgages and secured debts correctly can cause serious problems, including:
Delays in Completion: If the redemption figure is not obtained in time, or if there are disputes over the amount owed, the sale could be delayed.
Sale Falling Through: If you cannot clear the mortgage or secured debts, the buyer is likely to withdraw, especially if their mortgage offer is time-limited or they are part of a chain.
Negative Equity: If your home is worth less than the total debt secured against it (negative equity), you may not have enough from the sale to repay your lender. In this case, you must negotiate with your lender or find additional funds.
Legal Action: If you attempt to sell without clearing secured debts, the buyer may refuse to complete, and you could face legal claims for breach of contract. Your lender could also take action to recover what is owed.
Check Your Mortgage Terms: Look for any early repayment charges or conditions that may apply if you pay off your mortgage early.
Request Redemption Figures Early: Ask your lender for a redemption statement as soon as you decide to sell to avoid surprises or delays.
Inform Your Solicitor of All Secured Debts: Make sure your solicitor knows about any loans or charges secured on your property so they can be dealt with during the sale process.
Plan for Negative Equity: If you suspect you may be in negative equity, speak to your lender as early as possible to discuss your options.
By understanding your mortgage and financial liabilities and dealing with them promptly, you can help ensure your home sale proceeds smoothly and avoid unnecessary complications.
Practical Problems That Can Affect the Sale
When selling a home, a range of practical problems can arise that may delay or even jeopardise the sale. Understanding these issues can help you prepare and respond effectively, reducing stress and uncertainty throughout the process.
One of the most common causes of delay is related to the buyer’s ability to secure a mortgage. Even if your buyer has received a mortgage agreement in principle, lenders can withdraw or change their offer based on the results of their own checks or changes in the buyer’s circumstances. This can result in last-minute delays or, in some cases, the sale falling through entirely.
Another frequent issue is the property chain. Most home sales in the UK are part of a chain, where several transactions depend on each other. If just one link in the chain encounters a problem – such as a buyer pulling out or experiencing delays – every transaction in the chain can be affected. This can lead to uncertainty, longer waiting times, and, sometimes, the collapse of the entire chain. To minimise these risks, consider whether you can sell to a chain-free buyer or negotiate flexible completion dates.
Before finalising a mortgage, most buyers will commission a survey of your property. If the survey highlights issues such as damp, structural movement, or outdated electrical systems, buyers may try to renegotiate the price, request repairs, or even withdraw their offer. Sellers are legally required to disclose any known issues on the Property Information Form (TA6). Failing to do so can lead to legal disputes later.
To avoid surprises, it’s wise to address obvious maintenance issues before putting your home on the market. Consider arranging your own survey or inspection in advance, so you’re aware of any potential problems and can decide whether to fix them or adjust your asking price accordingly.
When selling a property, you remain responsible for council tax and any other local charges, such as service charges or ground rent, up until the completion date. If there are outstanding amounts, these must usually be settled before the sale can proceed. Unpaid charges can delay completion or, in rare cases, cause the sale to fall through if buyers are unwilling to take on these liabilities.
It’s important to notify your local council as soon as you have a completion date, so they can issue a final bill and close your account. If you’re selling a leasehold property, check with your managing agent or freeholder about any outstanding service charges or fees.
All of these practical issues – whether delays in the chain, problems with buyer financing, adverse survey results, or unresolved local charges – can extend the time it takes to complete your sale. In England and Wales, the average property sale takes 8–12 weeks from offer to completion, but practical problems can add weeks or even months to this timeline.
In the worst cases, these hurdles can cause buyers to withdraw, meaning you have to start the process again. By being proactive – communicating clearly with all parties, ensuring your property is in good condition, and settling any local charges – you can greatly improve your chances of a smooth and successful sale.
Delays in the Selling Process
Delays are one of the most common and frustrating problems when selling a home in the UK. Even with the best planning, it’s not unusual for the process to take longer than expected. Understanding the typical causes of delays and knowing how to manage them can help you keep your sale on track.
1. Buyer’s Mortgage Approval: A frequent cause of delay is the buyer waiting for their mortgage to be approved. Lenders may require extra documentation or further checks, especially if there are changes in the buyer’s financial situation. The process can be slowed down by issues such as missed paperwork, low credit scores, or the lender’s own backlog.
2. Chain Complications: Many home sales in the UK are part of a “chain” – a sequence of linked property transactions where each depends on the others completing. If any link in the chain experiences a problem (such as a buyer pulling out or a survey revealing issues), the whole process can stall.
3. Survey and Valuation Issues: Mortgage lenders usually require a survey or valuation of the property. If the survey uncovers problems (like damp, structural issues, or legal concerns over boundaries), the buyer may want to renegotiate, or their lender might refuse the mortgage, leading to significant delays.
4. Legal Enquiries and Searches: The buyer’s solicitor will carry out local authority searches and raise legal enquiries about the property. Delays can occur if there are issues with the property’s title, planning permissions, or outstanding building regulations. Local authority search times can also vary depending on the council.
5. Slow Communication: Delays often happen due to slow responses from solicitors, estate agents, or other parties involved. Missed phone calls, emails, or incomplete paperwork can all add days or even weeks to the process.
1. Prepare Your Paperwork Early: Make sure you have all necessary documents ready before you put your home on the market. This includes title deeds, Energy Performance Certificate (EPC), planning permissions, and any warranties or guarantees.
2. Choose an Experienced Solicitor and Estate Agent: Work with professionals who are proactive and responsive. A good solicitor can spot potential legal issues early and keep the process moving.
3. Keep Communication Open: Respond promptly to requests for information from your solicitor, estate agent, or the buyer. Regularly check in for updates and encourage all parties to do the same.
4. Be Flexible With Timings: Be prepared for some negotiation on completion dates, especially if you are part of a chain. Flexibility can help avoid last-minute fall-throughs.
5. Consider Chain-Free Buyers: If possible, selling to a first-time buyer or someone who isn’t relying on selling another property can reduce the risk of chain-related delays.
6. Resolve Issues Quickly: If surveys or searches uncover problems, deal with them as soon as possible. This might mean agreeing to repairs, providing additional information, or renegotiating the price.
7. Understand Your Rights and Obligations: Under the Law Society’s Conveyancing Protocol, both buyers and sellers are expected to act in good faith and avoid unnecessary delays. If you feel the other side is causing unreasonable delays, your solicitor can advise you on your options, which may include setting deadlines or, in extreme cases, withdrawing from the sale.
By being organised, proactive, and responsive, you can minimise the risk of delays and help ensure your home sale goes as smoothly as possible.
Property Condition and Surveys
When selling a home in the UK, the condition of your property plays a crucial role in attracting buyers and achieving your desired sale price. Most buyers will arrange a survey after their offer is accepted, and the results can have a significant impact on the sale process.
A property survey is an inspection carried out by a qualified surveyor to assess the state of the home. There are different types of surveys, ranging from a basic Condition Report to a more detailed Homebuyer Report or a full Building Survey. The survey will highlight any issues, such as structural movement, damp, roof problems, or outdated electrical systems.
If the survey uncovers significant defects, buyers may:
Renegotiate the price to reflect the cost of necessary repairs.
Request that repairs are carried out before the sale completes.
Withdraw their offer if the issues are serious or costly.
For example, if a survey reveals subsidence or major roof damage, the buyer may be concerned about the long-term costs and risks. Even less serious issues, like outdated wiring or damp, can give buyers leverage to lower their offer or ask for repairs.
Under UK law, sellers are not automatically required to fix every problem a survey might reveal. However, you do have a legal obligation to answer questions truthfully on the Property Information Form (TA6), which forms part of the conveyancing process. Failing to disclose known issues could lead to legal action for misrepresentation under the Misrepresentation Act 1967.
It is often in your best interest to be upfront about any known defects. Disclosing problems early can prevent delays or disputes later in the process. In some cases, addressing repairs before marketing your property can make it more appealing and help secure a better price. For minor issues, you might choose to leave them for the buyer to handle, but you should be clear and honest about their existence.
Get your own survey: Consider commissioning a survey before listing your home. This can alert you to issues you may not be aware of and give you time to address them.
Be honest on paperwork: Complete the TA6 form accurately, including any past problems or ongoing issues, such as disputes with neighbours or history of flooding.
Weigh up repairs: For significant problems, get quotes for repairs so you can negotiate confidently if the buyer raises concerns.
Set a realistic price: Take the condition of your property into account when setting your asking price. Overpricing a home with obvious defects can lead to wasted time and failed sales.
By understanding how property condition and surveys affect the sale process, you can take proactive steps to minimise complications and help your sale progress smoothly.
Council Tax and Other Local Charges
When selling your home, understanding your responsibilities for council tax and other local charges is essential to avoid unexpected costs or complications during the sale process.
As the legal owner of the property, you are responsible for paying council tax up until the date the sale completes and ownership is officially transferred to the buyer. This means you must continue to pay council tax even if you have already moved out, unless the property becomes exempt or qualifies for a discount. The buyer becomes liable from the day they take ownership, as recorded with the Land Registry.
If your property is empty during the sale period, you may be eligible for a council tax discount or exemption. Local councils have different rules, but common reductions include:
Unoccupied and unfurnished properties: Some councils offer a short-term discount or exemption if the property is empty and unfurnished. This can range from a few weeks to several months.
Second homes: If you have moved out but are still the owner, you may be entitled to a reduced council tax rate, though this varies by area.
Probate sales: If you are selling a property on behalf of someone who has died, council tax is not usually payable until probate is granted.
It’s important to notify your local council as soon as the property becomes empty or your circumstances change. Failing to do so can result in overpayment or penalties.
For more detailed guidance on how these rules apply, visit the official council tax page on GOV.UK.
The rules around council tax liability and exemptions are set out in the Local Government Finance Act 1992. This legislation explains how council tax is charged, who is responsible, and the circumstances when discounts or exemptions apply.
In addition to council tax, other local charges may affect your sale:
Service charges and ground rent: If your property is leasehold, you must ensure all service charges and ground rent are up to date before completion.
Outstanding utility bills: While not a legal requirement for the sale, clearing any unpaid water, gas, or electricity bills avoids disputes with the buyer.
Special local levies: Some areas impose additional charges for waste collection, flood defences, or residents’ parking. Check with your local authority if any such charges apply and ensure these are settled before the sale completes.
Inform your local council of your intention to sell and the completion date as soon as it is confirmed.
Request a final council tax bill and pay any outstanding balance promptly.
Check if you qualify for any discounts or exemptions during the sale period.
Settle all other local charges to prevent delays or legal issues at completion.
Dealing with these matters early helps ensure a smooth sale and avoids complications for both you and the buyer. For more information on your ongoing responsibilities, see our detailed guide to council tax.
How Sellers Can Resolve Problems and Ensure a Smooth Sale
When problems arise during the sale of your home, taking the right steps can help you resolve issues quickly and keep the process on track. Here’s how sellers can address common challenges and ensure a smoother sale:
1. Act Promptly When Issues Arise
If you discover a legal or practical problem – such as a boundary dispute, missing planning permission, or an unexpected survey result – address it as soon as possible. Delays can cause buyers to lose confidence or even withdraw their offer. For example, if your property has an extension without the correct building regulations certificate, seek retrospective approval or discuss indemnity insurance options with your solicitor.
2. Seek Professional Advice
Professional guidance is essential for navigating the legal complexities of property sales. A qualified solicitor or conveyancer can explain your legal obligations and help resolve title issues, restrictive covenants, or disputes with neighbours. Estate agents can advise on practical steps to make your property more attractive to buyers and handle negotiations. If a survey highlights problems like damp or structural issues, a chartered surveyor can provide expert reports and suggest solutions.
3. Prepare Documents and Disclosures Carefully
Providing accurate and complete information from the start helps avoid delays and legal disputes later. You’ll need to complete forms such as the TA6 Property Information Form and supply documents like Energy Performance Certificates and planning consents. Misleading or incomplete disclosures can lead to claims of misrepresentation under the Misrepresentation Act 1967, so be honest and thorough. If you’re unsure about what to disclose, your solicitor can advise.
4. Maintain Clear Communication
Keep in regular contact with your solicitor, estate agent, and the buyer’s representatives. Respond promptly to requests for information or documents. If there’s a delay – such as waiting for searches or third-party consents – let all parties know as soon as possible. Clear communication helps build trust and reduces the risk of misunderstandings or last-minute problems.
5. Stay Organised and Proactive
Keep all relevant paperwork – like title deeds, warranties, and guarantees – together and readily available. Anticipate potential issues by reviewing your property’s legal status early in the process. This allows you to resolve any outstanding matters before they become obstacles.
For a step-by-step overview of the process and more tips on avoiding common pitfalls, see our selling a home guide.
By following these steps, seeking professional help, and preparing thoroughly, you can tackle most problems effectively and help ensure your home sale goes as smoothly as possible.
Getting Professional Help
Selling a home can be complex, especially when unexpected problems arise. Getting the right professional help can make a significant difference in resolving legal and practical issues, ensuring the sale goes as smoothly as possible. Here’s how different experts can support you during the process:
A solicitor is essential for handling the legal aspects of selling your home. Their main responsibilities include preparing the contract of sale, managing the transfer of ownership (known as conveyancing), and ensuring all legal requirements are met. If a legal issue arises – such as a dispute over property boundaries, questions about title deeds, or complications with leasehold properties – a solicitor can offer expert advice and represent your interests.
Solicitors are regulated by the Solicitors Regulation Authority (SRA) and must follow strict rules set out in the Law Society’s Conveyancing Protocol. They are also responsible for carrying out checks required by the Land Registry and ensuring compliance with anti-money laundering regulations. If your sale involves complex issues, such as missing planning permissions or unresolved disputes with neighbours, your solicitor will help you navigate these challenges, negotiate solutions, and protect you from potential legal claims after the sale.
Estate agents play a key role in managing the practical side of selling a home. They help with valuing your property, marketing it to potential buyers, and arranging viewings. When problems arise – such as a buyer trying to renegotiate the price after a survey, or delays caused by issues further up the property chain – your estate agent can act as an intermediary. They are skilled in negotiations and can often resolve misunderstandings or disputes between buyers and sellers.
Estate agents are required to follow the guidelines set by The Property Ombudsman and the National Trading Standards Estate and Letting Agency Team. They must provide accurate information about your property and act in your best interests. If you encounter practical problems, such as a buyer withdrawing unexpectedly or difficulties with property access for surveys, your estate agent can offer advice and suggest practical solutions to keep the sale moving forward.
Certain problems may require specialist advice:
Surveyors: If there are concerns about the condition of your property – such as structural issues, damp, or subsidence – a qualified surveyor can carry out a professional inspection. Chartered surveyors, regulated by the Royal Institution of Chartered Surveyors (RICS), can provide detailed reports that help clarify the extent of any problems. This information can be crucial in negotiations with buyers and in deciding whether repairs are needed before selling.
Financial Advisors: If you’re unsure about the financial implications of your sale – such as redeeming your mortgage, understanding early repayment charges, or planning your next purchase – a financial advisor can help. They can explain the costs involved, advise on the best way to manage your finances, and help you understand any tax implications, such as Capital Gains Tax if the property is not your main home.
Always check that any professional you instruct is properly qualified and regulated.
Don’t hesitate to ask questions if you’re unsure about any aspect of the process.
If a problem seems complicated or is causing delays, seeking early advice from the right expert can prevent bigger issues later on.
Getting professional help not only gives you peace of mind but also increases your chances of a smooth and successful home sale.
Preparing and Checking Documents
When selling a home in the UK, having your paperwork in order is one of the most important steps in the process. Properly prepared and accurate documents not only help avoid delays but also protect you from legal disputes after the sale. Here’s what you need to know about preparing and checking your documents before selling your property.
Title deeds are official documents that prove you own the property. If your home is registered with HM Land Registry (as most are), your solicitor or conveyancer can obtain an official copy of the register, which acts as your title deed. If your property is unregistered, you’ll need to provide the original deeds.
It’s essential to check that the title deeds match your details and there are no outstanding issues, such as restrictions, charges, or disputes noted on the register. Any discrepancies or missing documents can cause delays or even prevent the sale from going ahead.
The contract for sale outlines the terms agreed between you and the buyer. This includes the sale price, completion date, and any special conditions. Your solicitor will usually draft this document, but it’s your responsibility to make sure all the details are correct. Mistakes or omissions can lead to misunderstandings or legal challenges.
You will also need to complete several standard forms, including:
Property Information Form (TA6): Covers details about boundaries, disputes, planning permissions, utilities, and more.
Fittings and Contents Form (TA10): Lists what is included in the sale, such as appliances, curtains, or garden items.
Leasehold Information Form (TA7): Required if you are selling a leasehold property, detailing service charges, ground rent, and management information.
Completing these forms accurately is crucial. Providing incorrect or incomplete information can give the buyer grounds to withdraw or even claim compensation after the sale.
You have a legal duty to be honest and transparent with buyers. Under the Consumer Protection from Unfair Trading Regulations 2008, you must disclose any information that could affect the buyer’s decision, such as structural problems, flooding history, or ongoing disputes with neighbours. Hiding or misrepresenting issues can lead to the buyer pulling out, or legal action for misrepresentation after completion.
It’s always better to be open about any problems, as most buyers will appreciate honesty and may still proceed with the purchase, possibly after renegotiating the price.
Before you exchange contracts, your solicitor will review all documents with you. This is your last opportunity to check everything is correct – names, property details, sale price, and included items. Mistakes at this stage can be costly, as exchanging contracts makes the sale legally binding.
Take time to review every document carefully. If you’re unsure about any part of the paperwork, ask your solicitor to explain it. Double-check that all required forms are complete and signed, and that any supporting documents (like planning permissions or guarantees for recent work) are included.
Start gathering documents early: Missing paperwork is a common cause of delay, so begin as soon as you decide to sell.
Keep copies of everything: Store both physical and digital copies of all documents for your records.
Be proactive: If you know of any issues with the property, discuss them with your solicitor so they can be properly disclosed.
What if I can’t find my title deeds? If your property is registered, your solicitor can obtain copies from HM Land Registry. If it’s unregistered and the deeds are lost, your solicitor can advise on the process for proving ownership, but this may cause delays.
What happens if I make a mistake on the forms? Notify your solicitor immediately. Honest mistakes can usually be corrected before exchange, but deliberate omissions or false statements can have serious legal consequences.
Do I have to disclose every problem with the property? You must disclose anything that could materially affect the buyer’s decision. It’s best to err on the side of caution and discuss any concerns with your solicitor.
Preparing and checking your documents thoroughly is key to a smooth and legally sound sale. Taking the time to get it right can save you stress, time, and money in the long run.
Effective Communication with Buyers
Clear and open communication with your buyer is crucial throughout the process of selling your home. Not only does it help prevent misunderstandings, but it can also make it easier to resolve any issues that might arise along the way.
Keeping Buyers Informed
If you become aware of any issues with your property – such as a problem revealed in a survey or a delay with paperwork – it’s important to let your buyer know as soon as possible. Under the Consumer Protection from Unfair Trading Regulations 2008, sellers are legally required to disclose material information that could affect a buyer’s decision. Failing to do so could result in delays, renegotiations, or even legal action if the buyer feels misled.
Common issues you should communicate about include:
Delays in the chain (for example, if you are waiting to buy another property)
Problems highlighted in the property survey (like damp, structural issues, or boundary disputes)
Changes in your circumstances that might affect the sale timeline
Negotiating Solutions
If problems do arise, such as the buyer’s survey uncovering unexpected repairs, be prepared to negotiate. This might involve agreeing to fix certain issues before completion, lowering the sale price, or offering other concessions. Open communication helps both parties understand each other’s position and find a solution that keeps the sale on track.
For example, if a buyer raises concerns about a leaking roof, you might offer to arrange repairs or reduce the sale price to reflect the cost of fixing it. Being proactive and reasonable in negotiations can prevent the sale from falling through.
Maintaining Goodwill
Maintaining a positive relationship with your buyer is often the key to a smooth sale. Respond to queries promptly, be honest about any setbacks, and keep your promises regarding agreed deadlines or repairs. Goodwill can be especially important in lengthy chains or when unexpected delays occur.
Remember, buyers often face their own set of challenges during the process. Understanding the problems when buying a home can help you empathise with their concerns and work together towards a successful completion.
By prioritising effective communication, you can reduce stress, avoid unnecessary disputes, and increase the likelihood of your sale progressing smoothly to completion.
