japanese knotweed

2 in 3 buyers would sue seller who failed to declare Japanese knotweed – study

Two thirds (63%) of homebuyers would be prepared to sue a seller who failed to declare the presence of Japanese Knotweed on a property before they bought it, new research has found.

Despite the risks presented by knotweed – and failure to declare it on the TA6 form – more than half (53%) of sellers would carry out insufficient checks, for example having a quick glance round the garden (21%) or doing nothing at all (14%), according to a YouGov survey of 2,000 people.

Earlier this year, a homeowner in Raynes Park, London, who found Japanese knotweed behind the garden shed after he moved into his £700,000 property, successfully sued the seller for more than £200,000 in costs and damages.

The seller, who had answered “No’ to the knotweed question on the TA6 form, claimed in court that he wasn’t aware of the knotweed infestation and “reasonably believed” he was telling the truth when he did so, but the judge determined that he had made a misrepresentation and was responsible for the diminution in the property’s value and legal fees.

Nic Seal, founder and MD of Environet, said:

“It’s the seller’s duty to disclose knotweed and any false information, even if given to the best of their knowledge, could lead to a misrepresentation claim. It’s clear from this research that most sellers aren’t carrying out proper checks and are leaving themselves open to the risk of future legal action.

Knotweed now affects around 5% of UK homes, so while it might be tempting to cross your fingers and hope for the best, if it later arises you could be liable for hundreds of thousands of pounds.”

If a seller is unable to declare their property knotweed-free, stating “Not known” on the TA6 form passes responsibility to the buyer to undertake their own enquiries or otherwise accept the risk. Yet the research also showed only 32% of buyers would arrange a professional Japanese knotweed survey if the seller was unable to provide reassurances – and if knotweed later arose, pursuing a successful legal case against the seller in those circumstances would be much more challenging.

Nic Seal said:

“It might be tempting for sellers to simply state that they don’t know if their property is affected by knotweed. But if a buyer can prove they did know, for example if knotweed would have been clearly visible or some effort was made to treat or conceal it, they could still be sued for a potentially life changing sum of money.”

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