Do I need to tell my buyers about work needed to the top flat in the building?
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Michaela from Croydon
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27 January 2015
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Legal questions and answers
Question
I am in middle of selling my flat (share of freehold). We have not exchanged contracts but all forms and packs have been sent to my buyer’s solicitor which advised no building works were due to be carried out. However, I have just discovered that the top flat in our building has had a problem with the roof leaking. Should I disclose the information to the buyers? If I don't disclose the above could they sue me after completion if they discover works are being done? They have not wanted to have a survey. Thank you.
Answer
The roof of the building will form part of the freehold which you hold a share in. I would imagine that the problem will have an impact of the service charge payable by all the lessees and therefore yes this should be disclosed.
This is because it could have a detrimental effect on the buyers decision to proceed and if it is discovered following exchange of contract or completion that you had known about the problems with the building’s roof and not disclosed them then the buyers could argue you had misrepresented them. This would mean that they could take action against you for this.
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