How Long Are You Liable After Selling a House UK

Selling a house can feel like the end of a long journey, but in legal terms it is not always the end of your responsibility. Once contracts are exchanged and the sale completes, the buyer becomes the new legal owner. However, there are still certain situations where you, as the former owner, can remain liable for issues relating to the property. This can sometimes continue for several years after completion.

Understanding your post-sale obligations and potential liabilities is essential for protecting yourself. This guide explains when you might still be liable after selling a house in the UK, how long those liabilities last and what steps you can take to avoid problems.

What is seller liability in property sales?

In the UK, the legal principle known as caveat emptor, meaning "let the buyer beware", generally applies to property transactions. This places the onus on the buyer to carry out all necessary checks and surveys before purchasing. However, the seller still has legal responsibilities and can be held liable in some circumstances, particularly if they misrepresent something or conceal material facts.

Seller liability usually arises through the property information forms, such as the TA6 and TA10, which form part of the contract pack. These are legally binding documents in which the seller is expected to answer questions honestly about boundaries, disputes, alterations and guarantees. If false or misleading information is provided, it can give the buyer grounds to make a legal claim.

How long are you liable after selling a house?

The standard time limit for bringing a claim depends on the type of legal action involved.

If a buyer claims you made a misrepresentation, they have up to six years from the date of the misrepresentation or the sale. This is the most common route for claims relating to property sales. Misrepresentation claims can arise from things such as denying a neighbour dispute that later comes to light, failing to disclose Japanese knotweed or claiming there are no problems with drainage when issues were known.

If the buyer claims fraudulent misrepresentation, which means you deliberately lied or withheld information, the time limit is longer. There is no fixed time limit in this case, although claims usually need to be brought within six years of discovering the fraud.

If the buyer is making a claim under the contract, for example due to breach of a warranty or incorrect documentation, they have six years from the date of breach. This usually aligns with the completion date.

It is worth noting that buyers cannot usually claim for issues they could have discovered during normal inspection or through survey results. For example, if a survey highlighted damp and the buyer proceeded anyway, they cannot later blame the seller.

Common issues that lead to post-sale liability

Some of the most common reasons sellers face post-sale claims include:

Undeclared boundary disputes with neighbours

Failure to disclose building work carried out without planning permission or Building Regulations approval

Not revealing problems with flooding, subsidence or structural movement

Claims that fixtures or fittings were removed after being agreed as part of the sale

Denial of known pests or infestations

In each case, if the buyer can show that the information you provided was false or misleading and that they relied on it when deciding to buy, they may be able to pursue damages.

Can a buyer sue you after completion?

Yes, a buyer can sue you after completion if they believe you provided false information or breached the terms of the contract. This typically involves a claim for misrepresentation under the Misrepresentation Act 1967. If successful, the buyer could receive compensation to cover the cost of remedying the issue or even seek to rescind the contract in serious cases, although this is rare.

How can you protect yourself as a seller?

To reduce the risk of future claims, it is important to be accurate and truthful when completing the seller’s forms. If you are unsure about an answer, you can state that you do not know rather than guessing or providing inaccurate information. It is always better to disclose known problems honestly, even if they might make the sale more difficult, than to face a potential legal dispute later.

You may also wish to consider indemnity insurance for specific risks, such as lack of planning documents, particularly if requested by the buyer's solicitor. This can offer some protection but should not be seen as a substitute for disclosure.

What if a solicitor advises you incorrectly during the sale?

If you receive incorrect advice from your conveyancer that leads to a claim against you, you may have recourse against them under their professional indemnity insurance. For example, if they incorrectly completed the property information forms or failed to highlight the risks of withholding information, they could be held partly liable.

Conclusion

While the legal responsibility for a property usually passes to the buyer on completion, the seller can remain liable for several years after the sale if they misrepresented key facts or breached contractual obligations. Most claims must be brought within six years, but some can extend longer in cases involving fraud. As a seller, the best protection is clear and honest disclosure throughout the process and seeking legal advice if you are unsure about any part of the transaction. Taking the time to get it right at the outset can help you move on from your sale with peace of mind.