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?

It's still a legal requirement to be honest on the forms and to state any issues - there is still the risk of legal action being taken against you if you deliberately omit information. Even if the reality, as a buyer, is that it's very difficult and expensive to pursue legal action.

Most decent people will be honest about the issues they've encountered.

I've bought & sold many properties. Including ones that did have disputes. Because of the information they gave on the form and further enquiries detailing the context of the issues, I could make an informed decision.

It's impossible to proceed if no information is given and enquiries are refused.

Of course it's a reasonable enquiry, especially when you're talking hundreds of thousands of pounds and your life being so affected, as your home does affect your life.

They've answered the question in theTA10 or whatever it is.

That's good enough for most people.
Go and pop by at different times of the day and make your own mind up, there are so many reasons why they might have decided to move apart from neighbours

It's not reasonable to ask them why they're moving, essentially

I disagree, someone's motives for moving can be very relevant to the conveyancing chance of getting to completion.

Essentially, when you buy a house, the vendor is very much part of the process (buyer too, of course) - for example, are they selling because it's a probate property?

Then you need evidence probate has been granted. Perhaps the seller may stall because the property has sentimental value.

Are they selling due to divorce? This can be a very tricky, emotional situation for the vendors and one or both can be reluctant to sell...

Are they upsizing/downsizing and committed to selling?

And obviously you want to know if they're selling because of a shitty neighbour - you don't want to inherit problems.

With one house I bought, from what the seller provided I had reason to believe they were actually causing the issues and I went ahead with the purchase. I was thankfully right and I had no issues.

You want to know, as best you can, than the seller is committed and you're not wasting your time and money, or buying a property you might regret. You'll never know with any certainty but asking questions helps.

So for me, personally, a seller refusing to answer anything is a red flag.

But that's just me - you disagreeing doesn't make you wrong, it's just my experience of conveyancing.

That's at least one positive about the (often stressful, overly complicated) process - you're completely free to not sell to me, for whatever reason.

After my last purchase I swore no more so you'd do me a favour 😅

Both parties have to be happy and motivated to proceed and still want to buy/sell through the enquiries to completion, which is my point. We've each got our own red flags, and level of reasonableness.

After buying/selling quite a few properties the past two decades, unanswered enquiries is one of my red flags, and buyers asking a question you feel is unreasonable is one of yours.

It's not a standard extra question to ask so I'd be wondering what my solicitor was getting at it, in your position? Are they aware of something you aren't?

If there's no documented disputes then it's not your business why they're moving beyond those standard questions.

Unless there's a specific concern I'd ask your solicitor to drop it and move on before your seller ditches you.

I used to be a conveyancing solicitor.

What the vendors' solicitor means is that, under CQS, you aren't supposed to raise additional "standard" enquiries outside of the protocol forms (Property Info Form, Fittings & Contents Form etc.). Additional queries that are specifically relevant to that property are fine though. It stops people sending ridiculously lengthy lists of irrelevant questions, as many do, which is a waste of time for all involved and drags the process on. If they've answered in that way, I doubt they've even put the question to the vendors.

That's it - your boundaries start to establish! Same here with one that fell through - three months with MIL was not fun.

Wishing you the best with your sale - hoping it goes as smoothly as possible!

Well there is an ounce of ambiguity. "If yes, please give details". So one of two things should follow that. Either a blank space if there are no issues to elaborate on, or further information on the issues if the answer is yes. There are only two options to that question and 'no' isn't one of them. I would expect it to be worded much better than it has been.

It's been really interesting following everyone's arguments here.
I can see that in reality, we all take a punt when buying and just have to do our due diligence as far as possible.

FWIW seller has come back after I spoke to the agent with a detailed response about the neighbours - their solicitor had clearly not asked them the question, as is their right. However, I personally feel better hearing from them and will probably still knock on a few doors to introduce myself.

Thanks all.

Knock in the neighbours door, say hi and you’re thinking of buying next door and ask if there are any problems you should know about.

they’ll tell you. And they won’t hold it against you for asking.