Agent just told us not to disclose...

[MissBetseyTrotwood]

... that our garden had had knotweed in it. We did disclose it and I'm still happy we did; our conscience is clear.

It's been treated by us spraying it with weed killer and beaten back to a tiny area of the garden.

But still our buyer's lender might not lend. The agent says we should have lied on the property information form and told the buyer 'off the record' at the second viewing so there was no disclosure to the lender. I take his point on this but a.) this affords us no protection for when spring rolls round and the buyer notices it and b.) our buyer is very experienced (has several properties already) and I bet would pursue us and get legal about it.

So I don't care really. We've done the right thing and I know it won't come back and bite us a year or two down the line. We'll find another buyer if necessary.

Anyone else disclosed to their detriment and it worked out OK? Or am I going to regret doing the right thing?

My friend disclosed (her flat was in a road where there is knotweed - there is a knotweed protection and prevention plan in place for the property and those surrounding it) - her first 3 buyers had to pull out because the mortgage companies would not lend. Her fourth buyer was an experienced cash buyer who took a view.

Is it legal to fail to disclose this?

I couldn't say 100% expat but I'd assume non disclosure must be illegal.

I don't care two hoots about the buyer - he's been rather unpleasant throughout and I feel a bit sad about selling my home to him. I just like to keep things tidy and above board so I can sleep at night! It's been sprayed by the HA that owns the gardens either side too (where it started) and I'm sure they have some documentation about when they did it.

Hehe TheDrugs I'd be hard pushed round here to find such a rare breed as that! Here's hoping we find a cash buyer like that dinky.

Well your agent is right - disclosing it will make it much harder to sell and of course all he's interested in is getting a sale. He won't need to worry when like you say Spring comes and the buyer is suing you.

Terrible self interested advice from the agent but you're not really surprised are you?

I would take legal action if I found JK in the garden on a house I'd just bought. It is a nightmare!

You have to declare it, legally and morally.

is there a professional body for estate agents? I know "professional" / "estate agent" may be an oxymoron... if there is however, report the little scrote.

I think a flat we sold about 9 years ago had this in teh garden The lady next door and I spent a lot of time cutting it back but we didn't know what it was called or anything and it was just (to us) a PITA. Now that I see the pictures of it I know it was that. Can it be removed permanently?

You're doing the right thing.
Good luck - I hope if he drops out you find someone else soon.

The EA is an arse !

Report the EA to the ombudsman if they belong to that group that I can't remember the name of. TPOS? I did this last year over a lying estate agent and it was extremely satisfying.

I wouldn't even know if there was JK if someone asked me! I am now going to google it to see what it looks like.

It grows alarmingly fast. My parents had it but luckily down the far end of their garden away from their house. Unless you have a very big or very neglected garden, you'd probably know.

It's not poisonous or anything, just a nuisance. If your house has structural issues, it can work its way in and exploit them, causing more cracking etc but otherwise it's just a massive, indestructible plant. Our house is in great nick and the garden's well maintained. It's really not a problem but our buyer is the litigious type and I don't want to be pursued over this.

I'm not surprised he's out to make a fast buck or that he doesn't care how he does it but it's the way he was getting pissed off at me for being, well, honest that made me froth enough to post.

In Scotland you must declare it. Find another agent. They are dreadful. Makes me glad I am a solicitor estate agent. We do things properly and would have the wrath of the law society if we were wrong n

When we sold our last place, the other local agent (who we considered when selling) advised us to gazump our buyers with a higher offer when we'd already accepted them (with a much higher than asking price offer). Which is why we didn't go with them again.

Glad you all think I did the right thing. DH doesn't want to discuss it but I like to pick things over and hardly any of my RL friends are homeowners so our problems are all a bit annoying for them.

It's far better to be honest. You can sleep well tonight with a clear conscience. The truth always comes out anyway.

I have just googled this - and realised this was the PITA plant we had in our old garden - was always pulling it up and it always grew back. I didnt know you had to tell anyone - i didnt een know what it was

You did the right thing but it is a common problem www.theguardian.com/money/2012/sep/08/japanese-knotweed-house-sale

you are signing a form that is part of the legal transaction. Lie on it and get sued to buggery - deservedly.

so tell the truth (you have) and get on to trading standards about the agent. Who would not be affected by you getting sued.

I know plum! I had no idea either. It's only because the ILs are avid Mail readers that they recognised it and we realised!

(although as I can see from wonky's guardian link it has spread to sensible media now too)!

Thanks all. I'm feeling better now.

Fuuuuuuuck!!!! Just realised that the house we sold in September, which had a tiny well kept garden, was riddled with this!!! We put loads of plants in and then the next spring this weird plant appeared, it would regularly take over the whole flower bed in a day or two.... Just assumed it was one of the ones we put in that had gone rogue, but having googled it was definitely this knotweed!!!! Do we need to do anything?

I should imagine most agents would tell you to fib but you've done the right thing. Seller forms specifically ask you about this sort of thing and if it's later proved that you knew and said nothing you could end up on. The hook for tens of thousands. Keep up the honesty!

If they are a member of the NAEA then report them!! They can get struck off or receive a hefty fine.

There's nothing on paper that we know about it but it's a very neighbourly area. We all talk, all the time and it would get out that we knew about it. Our buyer is a determined type and would hunt us down over this, I know it.

Harder - no. Don't do anything. If you genuinely did not know what it was and a survey didn't pick it up then it's buyer beware I'd say.

Guess we'll find out the lie of the land next week. Thanks all.