19 March 2025
Selling a home is no small matter. It’s not only an emotional experience but also one of the largest financial transactions many people will make in their lifetime. However, when sellers hold back crucial information or conceal property issues, it can lead to serious consequences—both legally and financially. A recent case involving a £32 million mansion in London has brought this issue into sharp focus, underscoring why honesty is essential during the home-selling process.
The Case of Horbury Villa: A Cautionary Tale
In 2019, Iya Patarkatsishvili and her husband purchased Horbury Villa, a luxury home in Notting Hill, London. However, shortly after moving in, they discovered an unexpected and unpleasant surprise: a severe moth infestation. This problem was traced back to the property’s wool insulation. The couple claimed that they were misled during the sale process, alleging that the developer failed to disclose known issues when responding to pre-sale inquiries.
The seller disputed the claim, arguing that moths didn’t qualify as vermin and, therefore, weren’t worth disclosing. However, the High Court ruled in favour of the buyers, stating that the failure to disclose the infestation and the related insulation issues amounted to false information. As a result, the court overturned the sale, ordering the seller to refund the full purchase price (minus deductions for the couple's use of the property) and pay an additional £4 million in damages.
While the stakes in this case were exceptionally high, the lesson it teaches applies to every property transaction. Sellers must be upfront and transparent about any known issues, no matter how seemingly minor. Hiding problems—or failing to disclose them—can lead to severe financial and legal repercussions.
Why Full Disclosure is Key When Selling Your Home
The importance of full disclosure is clear. Property transactions can be complicated, and if buyers discover issues after completion, they may have legal grounds to challenge the sale. This can result in costly delays, disputes, and even the collapse of the deal. To ensure the process goes as smoothly as possible, it’s essential for sellers to be honest and thorough in their documentation.
One of the most important documents for sellers is the Property Information Form (TA6), which provides a comprehensive overview of the property's condition and history. This form covers a wide range of topics, from boundaries and building works to utility supplies and even pest issues. Sellers must clearly state any known problems with the property, whether they’ve been resolved or not. This includes issues like damp, subsidence, or disputes with neighbours.
Filling out the TA6 form accurately is critical. Missing or inaccurate information can delay the sale or even lead to it falling through. Common pitfalls include missing paperwork, lost deeds, or gaps in records related to planning permissions, building regulations, or structural changes. Sellers should take the time to ensure that all necessary paperwork is in order, including certificates and guarantees for any recent work, such as new windows or heating systems.
Preparing for Sale: Tips for a Smooth Transaction
As the spring home-selling season approaches, now is the perfect time to get your paperwork in order. Here’s what you need to do to prepare:
Honesty is the Best Policy
Buying or selling a property is a significant event, no matter your budget. Whether you're dealing with a luxury home like Horbury Villa or a more modest property, honesty is the key to a successful transaction. By being upfront about any issues and ensuring that all your paperwork is in order, you can avoid last-minute delays or disputes and ensure the process goes as smoothly as possible.
Transparency isn’t just about avoiding legal trouble—it’s about building trust and fostering a fair, smooth transaction for both parties involved.
We deal with all aspects of buying and selling and other related issues. We are right by your side every step of the way.
Our experienced lawyers will guide you throughout the process. We will contact your estate agent, mortgage broker and surveyor if you require. Contact us on 01202 526343 or via online: Contact Us AB Solicitors For Your Legal Needs
