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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25451
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I would like to know if I sell my house and I and my neighbour

Resolved Question:

I would like to know if I sell my house and I and my neighbour had dispute 6yrs ago over loud music which resulted in court. he was found guilty,( assault) .do I have to reveal this and if I did not reveal this how would it affect me if it came to light later on .do I have to tell the estate agent .
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if the same neighbour still lives there and whether you have had any other problems since then?
Customer: replied 2 years ago.

yes he still lives next door . sorry my spelling, computer skill is poor .he does things tapping on wall but its only me he does it.

Expert:  Joshua replied 2 years ago.
Thank you. unfortunately, there is no limitation period in respect of disputes following which they do not need to be declared - i.e. no amount of passage of time relieves one of the obligation to disclose disputes if you are asked about them. You do not have to disclose anything you are not asked but if you are asked a question, failure to answer it honestly and completely could expose you to a claim for misrepresentation.The overwhelming majority of transactions use the Law Society's "transaction" protocol forms. Under this protocol you will almost certainly be asked to complete the following form:http://www.lawsociety.org.uk/support-services/documents/TA6-form-specimen/ As you will see in section 2 one is asked whethere there have ever been any disputes in respect of the property. If you did not disclose the dispute you refer to, the buyer could then claim for misrepresentation and such a claim may be likely if they experience their own difficulties with the neighbour. In addition, there is a risk that because the dispute is well documented due to the criminal charges that arose it would be very difficult if not impossible for you to defend against a claim for misrepresentation as ight be the case if the dispute never rose above a verbal altercation which you could (though you shouldn't) simply deny making it their word against yours. accordingly, though your solicitor was advise you strongly to disclose past disputes, the scale is the way in which you disclose them. For example, rather than stating "we had a dispute 5 years ago which resulted in assualt and we still hate each other" you could say "there was a physical altercation between my neighbour and I x years ago which involved the police, since that time I have not experienced any further problems with the neighbour". Unfortuantely disputes do have a tendancy to put buyers off but they will not typically be disclosed to a buyer until they are some way into the transaction when they receive the above form from their solicitor by which time they will have commited to the property financially and perhaps emotionally so it will not by any means necessarily be a deal breaker for many. You can ask your solicitors help in hpw to word the disclosure on the form so as to put it in the best light. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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