Seller's solicitor won't answer question about neighbours

[Wizzywoo18]

Under offer to buy a property.
TA10 form - under section 2 'Disputes and complaints'
Q. Have there been any disputes or complaints
regarding this property or a property nearby?
If Yes, please give details: No
Q. Is the seller aware of anything which might lead to
a dispute about the property or a property nearby?
If Yes, please give details: No

My solicitor raised additional enquiries including asking the sellers to confirm that their decision to move has not been influenced by the
conduct or behaviour of any adjoining or nearby occupier, or the use or proposed use of any nearby property.

Their solicitor replies that this is not a CQS (Conveyancing Quality Scheme?) enquiry and the seller is
under no obligation to respond to it.

Would that make you concerned? Wouldn't you just answer that there had been no problems?
It's making me feel a bit jittery as neighbour disputes can be utterly horrendous, as you can see from some of the posts on MN.
What would you do?

Wow, that's court room questioning 😱

Just go and loiter in the area at different times of the day or night to see how the local neighbourhood is. That's what normal people do.

I certainly wouldn't have asked that question!

If I were your buyer I would probably have a quick word with the estate agent about re-listing the property as this sale is likely to fall through due to buyers being a bit flaky

Couldnt you go and knock doors of neighbours say youre considering buying the place next door but don't know the area well, ask them what its like to live there?

Personally if I were your solicitor, I'd say that it might not be a CQS query but it is an additional buyer's enquiry and is not onerous for them to answer - so please can they answer it. Problem is that having asked it, if they refuse to answer, that's going to make you think there is an issue.

What prompted this additional enquiry? Unless you have reason to believe the neighbours are awful then it seems like a strange question to ask.

Why ask for confirmation of a question that has already been clearly answered though?
Would immediately make me think you were a bit paranoid, and it would put my back up and make me reconsider how the sale is going to go.
It's like they are not being believed.

Yeah, I wouldn’t have answered that question. As a seller, you are opening yourself up to potential problems down the line if the new buyers have issues with the neighbours. It’s not a legal requirement and it’s odd that your solicitor raised it at all given the very clear answers in the property information form.

They've answered the questions on the form. Beyond that they don't have to say any more and them withholding is not necessarily a red flag. It's a refusal to get drawn into a cross-examination of the seller's motives.

Why did you solicitor ask that? It’s very unusual

firstly the searches are there to find out if any proposed changes of use to nearby property and secondly they have said no formal disputes. It would have to be fairly bad to force someone to move.

I think the solicitor is trying to push back at something so ridiculous. The question is Really why has your solicitor done this?

They did answer you though, they have declared there are no such disputes or issues that they’re aware of. Solicitors do tend to get annoyed with each other during conveyancing in my experience so they’re probably rebuffing yours as it’s unnecessary and a repeat of a question they’ve already answered. Your seller could get fed up with this and see it as a lack of commitment on your part fyi.

I don't understand. They have responded no to all the questions

The solicitor has then sent an additional question which the seller is under no obligation to reply to and it may rock the boat.

That's a strange question as it's been answered!

However, I do think you could easily and honestly answer no to the first question and yes to the second.

I bought a house once and they answered no to the first question. I found out the day I moved in that the walls were paper thin and the next door neighbour liked to play heavy metal in the evenings. There was absolutely nothing I could do, even though the person I bought from had taken out an ASBO on next door! The solicitor said it was pointless.

The only thing uou can do is go round several times at different times.

My vendors also said no. I found a building objection online. So my conveyancer asked again.

Has your conveyancer found something and not told you?

We moved cos we were sick tp death of the neighbours.

Just kept blocking the drive. Would move if asked.

It wasn't a dispute got a long with them ok otherwise. No ither issues.

So would have answered no to the first question as no dispute or problems. But was influenced by them to move.

If you're not happy all you can do is withdraw.

I've just remembered. Years ago I had a lovely neighbour, a young man and we often exchanged pleasantries in the street.

His cat used to come into my house for a cuddle and a snooze on my bed. The chap knew about it and didn't mind. I never fed the cat.

One day he let slip he had several tarantulas.

It preyed on my mind so much that one could escape into my house that I even started (ridiculously) imaging one rising in on the cats back, so I moved asap.

Therefore my neighbour did influence my moving but there was no dispute!

Just thinking about it now makes me shudder.

I moved because of horrendous neighbors. There were no disputes declared (I don't know how as one side had been cokehead screaming at least twice a week for years) and the others were just spiteful with noise. I even asked the vendor.

What I should have done was to ask the neighbors on either side. I would have then found out how awful they were. I also should have gone around day and night to see what they were like.

I would advise you to do this.

I don't thing vendors are obliged to answer any questions, even if they are on the form TA10, which I don't believe is statutory.

The buyer might infer something from a non answer though.

I think TA10 defines part of a standard practice for a house sale. Solicitors use it because if they do then they can claim they followed a correct and generally accepted process, which would hold some value if a dispute arose as to whether they actually conducted the conveyancing process correctly.

Of course questions can be asked outside of TA10, and the vendor doesn't have to answer them, and the buyer doesn't have to make the purchase if they are not happy with the response or lack of response.

Why would a solicitor choose to ask a question that isn't asked on the TA10 ? Well maybe because they were instructed by the client, maybe because they had particular reason to suspect their was an issue, maybe because they are inexperienced at the conveyancing process or maybe because they had had a previous job where this had become a problem and caused them some specific problems. You can only ask them why and listen to their response.

I'm selling a house, and if I were asked the question I would be happy to answer it. The issue is that even if they do answer, it doesn't help a potential buyer much unless the response is very detailed, since something that doesn't bother the seller, might well bother you. Perhaps they don't want to answer in case that happens?

Most issues between neighbours that don't end up as formal disputes tend to be subjective, to a greater or lesser extent. As others have said, the best thing is to speak to people in the street and visit at different times of day.

An objection to a neighbours planning application isn't a dispute in my book.
We, and all our neighbours, objected to a knock down / rebuild application in our street but we all chatted with the applicant regularly, took in parcels etc, never once had any sort of disagreement.

You see on here time and time again where people have neighbours making their lives an absolute misery but are told not to call the police/council/environmental health or get a solicitor involved because it becomes a dispute and has to be declared which makes it harder to just pass the problem on to an unsuspecting buyer

I suspect OP or someone they know has fallen foul of something like this previously and is trying to prevent it happening again, or the property has changed hands more frequently than you would expect so they are trying to avoid making an expensive mistake.

OP they aren't going to answer, which on the face of it I would find a little suspicious as it's not a difficult question - if I were selling my house I could and would answer that because I have no issues with any neighbours (beyond the normal screechy kids on a trampoline type annoyances) so would genuinely be moving for the reason I'd told the EA. However it could be the case that whoever bought my house would have an issue with things that don't bother me, so I guess as the seller my solicitor may advise against answering to cover MY back in case they tried to sue me because I hadn't told them about Bill over the roads crappy parking, or Jill next door but one's dog yapping constantly in the garden!

I would go and visit the area at different times of the day/night/during the week/weekend to get a feel for myself and decide if I wanted to continue

Thanks everyone for your considered responses. I appreciate why some feel it's an unnecessary question and I realise that one person's nuisance of a neighbour is just mildly annoying to someone else.

I don't know why my solicitor asked this question - I'm speaking to her later today and will ask her - but I would guess it's a belt-and-braces approach.

If I were them, I would just say 'No' as it raises suspicions when you don't answer.

It's a great question to ask. Everyone buying a property should ask it.

But they've already said no. Being asked again implies that either you or the your solicitor or both thinks they are lying. Not the basis for a smooth buying/selling relationship. Can you not see that they might be pissed off to be asked again when they've already answered?

If Yes, please give details - No

Do they* *mean there have been no disputes, or do they mean no, there has been a dispute but they refuse to give details? There's a big difference!

Very ambiguous, and your solicitor needs to get them to clarify that.