TA6 Section 10: Transaction Information

Section 10 of the TA6 Property Information Form asks about the transaction itself — not the bricks and mortar, but the circumstances of your sale. It is the section where you tell the buyer's solicitor about your chain, whether you are buying another property, and whether there are any conditions or restrictions that could affect how and when the sale completes.

While it might seem less important than sections dealing with structural issues or disputes, getting Section 10 wrong can cause significant problems. A buyer who discovers late in the process that you have a long chain, an unresolved overage clause, or an unexpected condition on the sale may lose confidence and pull out.

What Section 10 covers

The transaction section of the TA6 asks about several key areas:

Dependent purchases and the property chain

The most important question in Section 10 for most sellers is whether you have a dependent purchase. This means you are using the money from your sale to buy another property. If you are selling and buying at the same time, both transactions are linked, and the buyer's solicitor needs to know this upfront.

A dependent purchase creates a property chain. The buyer's solicitor will want to understand:

• How many links are in the chain above you
• Whether your own purchase is dependent on yet another sale
• Whether any link in the chain is likely to cause delays
• Whether the chain can realistically exchange and complete on the same day

Chains are a major factor in how long conveyancing takes. The longer the chain, the greater the risk that one transaction will collapse and take the others with it. According to data from the Home Buying and Selling Group, around one in three property transactions falls through before exchange, and chain-related issues are one of the most common causes.

If you do not have a dependent purchase — for example, because you are downsizing to a rental property, moving in with a partner, or emigrating — make this clear in Section 10. Being chain-free is a significant advantage that can make your property more attractive to buyers and may justify a quicker completion timeline.

Connected transactions

A connected transaction is any sale or purchase that is linked to yours. Beyond the standard dependent purchase, connected transactions can include:

• Selling two properties simultaneously — For example, if you own the main house and a separate garage or plot of land that are being sold to different buyers
• Part-exchange arrangements — Where a developer is buying your existing property as part of a deal to sell you a new build
• Related-party transactions — Selling to or buying from a family member, business partner, or connected party
• Auction sales with conditions — Where the sale is conditional on another transaction completing

Any connected transaction should be disclosed because it affects the complexity and risk profile of the sale from the buyer's perspective.

Special conditions on the sale

Most residential sales proceed on the Standard Conditions of Sale (6th edition), published by the Law Society. These are standard terms that cover matters such as vacant possession, deposit arrangements, and completion procedures. However, sellers sometimes need to include special conditions that deviate from or add to these standard terms.

Common special conditions include:

• A restricted completion date — For example, you cannot complete before a certain date because you need time to find somewhere to live
• Selling subject to a tenancy — The buyer takes the property with tenants in situ rather than with vacant possession
• Retention of fixtures — You want to take certain items that would normally be included in the sale
• Overage clauses — A condition requiring you to pay the original vendor additional money if the property gains planning permission or increases in value
• Pre-emption rights — A third party has the right of first refusal to purchase the property before it can be sold on the open market
• Indemnity covenants — The buyer must give an indemnity in respect of existing restrictive covenants on the title

Disclosing special conditions early in Section 10 avoids unpleasant surprises for the buyer. If a buyer's solicitor discovers an undisclosed restriction at a late stage, it can cause significant delay or even cause the buyer to withdraw.

Previous transaction history

The buyer's solicitor and their client's mortgage lender will want to understand how you acquired the property. This is partly a fraud prevention measure. Under the Council of Mortgage Lenders (now UK Finance) Handbook, lenders require solicitors to report certain circumstances, including:

• If the property is being sold within six months of the seller's purchase at a significantly higher price
• If the property was acquired by gift, inheritance, or at an undervalue
• If the seller acquired the property through a related-party transaction

These checks exist to protect against mortgage fraud, where properties are "flipped" at inflated prices to extract mortgage funds. If your transaction history is entirely straightforward, a brief answer confirming when and how you purchased the property is sufficient.

Restrictions on the title

If there are any restrictions registered on your title at HM Land Registry that could affect the sale, you must disclose them in Section 10. Common restrictions include:

• Overage clauses — Often found on properties built on former agricultural land, these require the seller to share any uplift in value if planning permission is obtained for additional development
• Pre-emption rights — A right given to a third party (such as a neighbouring landowner or housing association) to purchase the property first
• Restrictions requiring consent — For example, a restriction requiring the consent of a co-owner or a court order before the property can be transferred

Your solicitor will review your title register and identify any restrictions, but you should also flag anything you are aware of in Section 10. This ensures that the buyer's solicitor has the full picture from the outset.

How this section affects exchange timing

The information in Section 10 has a direct impact on how quickly you can reach exchange of contracts. Key factors include:

1. Chain length — Longer chains take longer to co-ordinate. Every link in the chain must be ready to exchange simultaneously (or within a very short window).
2. Special conditions — If there are unusual conditions, the buyer's solicitor will need time to advise their client, potentially negotiate amendments, and obtain the buyer's informed consent.
3. Restrictions on title — Overage clauses and pre-emption rights require additional legal work and may involve third parties who have their own timelines.
4. Lender requirements — If anything in the transaction history triggers a lender red flag, additional checks or valuation instructions may be needed.

By completing Section 10 thoroughly and honestly at the outset, you give the buyer's solicitor the information they need to plan the transaction and avoid raising unnecessary additional enquiries later.

Tips for completing Section 10

1. Be upfront about your chain position — If you are buying, say so. If you are chain-free, make it clear. Do not be evasive about your situation.
2. Disclose all restrictions on your title — Check your title register (available for £3 from HM Land Registry) and list any restrictions, overage clauses, or pre-emption rights.
3. Mention any court orders — If the sale is pursuant to a divorce order, bankruptcy order, or other court direction, disclose this.
4. Explain special conditions clearly — Do not assume the buyer's solicitor will figure out your intentions. If you need a specific completion date or want to retain certain items, state this plainly.
5. Do not leave questions unanswered — Write "No" or "Not applicable" rather than leaving blanks. Every blank triggers a follow-up enquiry.

Sources

• Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
• Standard Conditions of Sale, 6th edition — Law Society
• UK Finance Mortgage Lenders' Handbook — ukfinance.org.uk
• HM Land Registry — Restrictions on the register: gov.uk/government/publications/restrictions
• HM Land Registry — Search for property information service: gov.uk/search-property-information-service
• Home Buying and Selling Group — transaction data and fall-through rates
• Land Registration Act 2002 — legislation.gov.uk
• Gov.uk — Buying or selling your home: overview
• Law Society Conveyancing Protocol, 5th edition — lawsociety.org.uk
• National Trading Standards Estate and Letting Agency Team — Material Information guidance

Frequently asked questions