What Happens If You Lie on the TA6 Form?

The TA6 Property Information Form asks detailed questions about your home — boundaries, disputes, building work, flooding, environmental issues, and more. Every answer you give becomes part of the legal transaction. If a buyer later discovers that you gave false or misleading answers, the consequences can be severe.

This guide explains exactly what happens when sellers lie on the TA6, the legal framework that protects buyers, real-world consequences, and how to protect yourself by answering honestly from the start.

The legal framework: why TA6 answers matter

When you complete the TA6, your answers form part of the pre-contractual representations made to the buyer. Two key pieces of legislation govern what happens if those representations turn out to be false.

The Misrepresentation Act 1967

The Misrepresentation Act 1967 is the primary legislation covering false statements made during property transactions. It recognises three categories of misrepresentation, each with different consequences:

• Fraudulent misrepresentation — You deliberately lied or concealed information you knew to be true. This is the most serious category. The buyer can claim damages for all losses flowing from the misrepresentation (not just foreseeable ones), and the court can rescind (reverse) the entire sale. The leading case is Derry v Peek (1889), which established that fraud requires a false statement made knowingly, or without belief in its truth, or recklessly.
• Negligent misrepresentation — You did not deliberately lie, but you were careless with your answers and failed to take reasonable steps to verify them. Under Section 2(1) of the Misrepresentation Act 1967, the buyer can claim damages as if the misrepresentation had been fraudulent, unless you can prove you had reasonable grounds for believing your statement was true. This reversal of the burden of proof makes negligent misrepresentation claims relatively straightforward for buyers to pursue.
• Innocent misrepresentation — You genuinely believed your answer was correct and had reasonable grounds for that belief. The buyer may still be able to rescind the contract, but under Section 2(2) of the Act, the court has discretion to award damages in lieu of rescission if rescission would be disproportionate.

Consumer Protection from Unfair Trading Regulations 2008 (CPRs)

The CPRs primarily target traders, including estate agents, rather than private sellers. Under these regulations, it is a criminal offence for a trader to engage in misleading actions or omissions that cause (or are likely to cause) the average consumer to make a transactional decision they would not otherwise have made.

While you as a private seller are not directly subject to the CPRs, they are relevant in two ways. First, your estate agent has an independent duty to provide accurate material information about the property. If you provide false information that your agent then passes on to buyers, the agent could face enforcement action from Trading Standards. Second, the CPRs reinforce the principle that buyers are entitled to make purchasing decisions based on accurate information — a principle that courts apply when assessing misrepresentation claims.

What constitutes a "lie" versus an honest mistake?

This distinction is crucial, because the legal consequences depend heavily on your state of mind when you completed the form.

What counts as a lie

• Answering "No" to the disputes question when you know there has been an ongoing boundary dispute with your neighbour
• Stating that all building work had planning permission and building regulations approval when you know it did not
• Denying any history of flooding when your property has flooded and you claimed on your insurance
• Failing to mention Japanese knotweed that you have been treating for years
• Claiming there are no rights of way across your property when you know a neighbour regularly uses a path through your garden

What counts as an honest mistake

• Stating there is no asbestos when you genuinely had no reason to suspect its presence (particularly in a post-2000 property)
• Not disclosing building work carried out by a previous owner that you were unaware of
• Incorrectly identifying a boundary based on a reasonable (but wrong) reading of the title plan
• Not mentioning a minor drainage issue that you genuinely did not know about

The grey area — and where many claims arise — involves situations where sellers should have known something but claim they did not. For example, if your property flooded and you paid for remedial work, claiming you "forgot" is unlikely to be treated as an honest mistake. Courts assess what a reasonable person in your position would have known or remembered.

Remedies available to buyers

If a buyer succeeds in a misrepresentation claim, the court can order one or more of the following remedies:

Damages

The most common remedy. Damages aim to put the buyer in the position they would have been in had the misrepresentation not been made. This can include:

• The difference between the price paid and the actual value of the property (accounting for the defect)
• The cost of remedial works — for example, the cost of obtaining retrospective building regulations approval, treating Japanese knotweed, or repairing flood damage
• Consequential losses such as legal costs, survey fees, and alternative accommodation costs

For fraudulent misrepresentation, the measure of damages is broader — the buyer can recover all losses directly caused by the fraud, even if those losses were not reasonably foreseeable. For negligent misrepresentation under Section 2(1), damages are assessed on the same basis as fraud (Royscot Trust Ltd v Rogerson, 1991).

Rescission

Rescission effectively reverses the sale. The buyer returns the property and you return the purchase price, plus any additional costs the buyer incurred. Rescission is available for all three types of misrepresentation, though for innocent misrepresentation the court may award damages instead under Section 2(2) of the Misrepresentation Act 1967.

Rescission is a drastic remedy and is not always granted. It may be refused where the buyer has affirmed the contract (for example, by carrying out significant renovations), where a third party has acquired rights in the property, or where the court considers it inequitable.

The statute of limitations: how long can a buyer chase you?

Under the Limitation Act 1980, the standard limitation period for a misrepresentation claim is six years from the date the cause of action arose — typically the date of completion.

However, for fraudulent misrepresentation, Section 32 of the Limitation Act 1980 provides that the six-year period does not start running until the buyer discovers the fraud or could reasonably have discovered it. This means that if you deliberately conceal a problem and the buyer does not discover it for several years, the limitation clock starts from the date of discovery, not from completion. In practice, this can extend the window for claims well beyond six years.

How buyers discover misrepresentation

Sellers who lie on the TA6 often assume they will never be found out. In reality, there are many ways false answers come to light:

• Neighbours — Neighbours are the most common source. They have no obligation to keep your secrets and will often mention past disputes, flooding events, or building work to the new owner in casual conversation.
• Building control records — Local authorities hold records of planning applications, building regulations applications, and enforcement actions. A buyer or their surveyor can request these records at any time.
• Insurance records — If you claimed on your buildings insurance for flooding, subsidence, or other damage, this is recorded on the Claims and Underwriting Exchange (CUE) database. When the buyer applies for insurance, these past claims may surface.
• Environment Agency data — Flood history and flood risk data is publicly available through the Environment Agency's long-term flood risk service. A buyer can check whether your postcode has experienced flooding.
• Seasonal defects — Some issues only become apparent at certain times of year. Japanese knotweed dies back in winter but returns aggressively in spring. Flooding may only occur during heavy autumn rainfall. A buyer who completes in summer may not discover these issues until months later.
• Surveys and inspections — While the buyer may not have commissioned a full structural survey before purchase, a survey carried out for renovation work after completion can reveal unauthorised structural alterations, removed load-bearing walls, or sub-standard electrical work.
• Title and search documents — The buyer's solicitor may revisit the title register, local authority search results, or environmental search reports and discover inconsistencies with your TA6 answers.

Common areas where sellers are caught out

Based on reported cases and solicitor experience, the TA6 sections most likely to generate post-completion misrepresentation claims are:

The case of McMeekin v Long (2003) is a well-known example where a seller denied knowledge of flooding on the property information form. The buyer successfully claimed damages after discovering the property had a history of flooding that the seller was fully aware of. The court held that the seller's denial was a clear case of fraudulent misrepresentation.

Your solicitor's liability

A common question sellers ask is whether their solicitor shares liability for false TA6 answers. The short answer is: generally no, but there are important nuances.

Your solicitor's role is to review your TA6, advise you on how to answer questions you find confusing, and forward the completed form to the buyer's solicitor. The answers themselves must come from you — your solicitor has no way of knowing whether you have had disputes with neighbours or whether your extension had building regulations approval.

However, your solicitor has professional obligations under the SRA Code of Conduct (Solicitors Regulation Authority). If your solicitor knows or suspects that your answers are false, they cannot submit the form without raising the issue with you. If you insist on submitting false information, your solicitor is likely to cease acting for you, as they cannot knowingly mislead the buyer's solicitor.

If your solicitor fails to advise you properly — for example, by not explaining the consequences of false answers, or by not flagging an obvious inconsistency in your responses — there may be a separate professional negligence claim against the solicitor. This is distinct from the buyer's misrepresentation claim against you.

How to protect yourself: answering the TA6 honestly

The single best way to protect yourself from a misrepresentation claim is straightforward: tell the truth. Here is a practical framework for completing the TA6 safely, drawing on the principles of seller disclosure obligations:

1. Disclose everything you know. If you are aware of an issue, disclose it — even if you think it is minor or has been resolved. Read our guide on what to disclose when selling for a detailed checklist.
2. Use "Not known" rather than guessing. If you genuinely do not know the answer to a question, say so and explain why. An honest "Not known" cannot be misrepresentation.
3. Provide detail, not vague answers. Instead of writing "some work was done," write "Rear extension built in 2018 by [builder name]; building regulations completion certificate reference [number] attached." See our property information form tips for section-by-section guidance.
4. Check your facts. Download your title register from HM Land Registry (\u00a33 at gov.uk). Request building control records from your local authority. Check your insurance claims history. Verify before you answer.
5. Keep copies of everything. Retain a copy of your completed TA6 and all supporting documents. If a claim is made years later, you will want evidence of exactly what you disclosed.
6. Ask your solicitor for help. If a question confuses you, ask your solicitor rather than guessing. They are there to help you understand what is being asked.
7. Update your answers if things change. If something changes between completing the TA6 and exchange of contracts — for example, a new dispute arises or you discover a problem — tell your solicitor immediately so the form can be updated.

Remember that over-disclosure is always safer than under-disclosure. A buyer who knows about an issue before they buy cannot later claim they were misled about it. Transparency protects you.

What to do if you have already submitted a TA6 with incorrect information

If you have already submitted your TA6 and you realise that one or more answers are incorrect, act immediately:

• Before exchange of contracts: Contact your solicitor and ask them to issue an amended TA6 to the buyer's solicitor. This is routine and straightforward. The buyer may renegotiate the price or request further information, but correcting the form before exchange removes the risk of a post-completion misrepresentation claim.
• After exchange but before completion: Notify your solicitor urgently. The situation is more complicated at this stage, as contracts have been exchanged, but it is still better to disclose the issue than to complete knowing the buyer has relied on false information.
• After completion: If you realise after completion that your TA6 contained a significant error, take legal advice promptly. Your solicitor can advise on whether and how to approach the buyer. While this is uncomfortable, proactively addressing the issue may reduce the severity of any claim and could demonstrate good faith.

Sources

• Misrepresentation Act 1967, Sections 2(1) and 2(2) — legislation.gov.uk
• Consumer Protection from Unfair Trading Regulations 2008 — legislation.gov.uk
• Limitation Act 1980, Sections 2 and 32 — legislation.gov.uk
• Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
• Derry v Peek [1889] UKHL 1 — established the test for fraudulent misrepresentation
• Royscot Trust Ltd v Rogerson [1991] 2 QB 297 — damages for negligent misrepresentation assessed on the fraud measure
• Solicitors Regulation Authority — SRA Code of Conduct for Solicitors, RELs and RFLs — sra.org.uk
• National Trading Standards Estate and Letting Agency Team — Material Information guidance — ntselat.gov.uk
• Environment Agency — Long-term flood risk information service — gov.uk/check-long-term-flood-risk

Related guides

• TA6 Flooding Questions: How to Answer
• TA6 Insurance Claims: What to Declare
• TA6 Planning Enforcement: What to Disclose

Frequently asked questions