Selling a house with japanese knotweed

[Notweed]

We accepted an offer on our house, having told the agent that there was some knotweed at the end of the garden, and assuming they would pass this on to the buyer (we've never sold a house before). Apparently the agent did not tell the buyer, who is now thinking about pulling out after finding out about it.

Has anyone else experienced this or know if the estate agents should have informed the buyer when they were making an offer?

I did look online to see if I could find anything about this, but everything I could find is about sellers not disclosing the knotweed. We did disclose it but the agent did not! The viewings were all done by the agent so we've had no contact with the buyer at all.

Usually this is something that you sort out before putting on sale. Doubt a private buyer would be willing to take on the risk, mortgage will be an issue as well. If desperate sell on auction to a developer.

Most mortgage providers will not touch a property with JK unless you have a removal and maintenance plan, usually in place for around 10 years.

Is it a small patch far away from the property? Or a big issue that’s causing structural damage?
Do you have evidence that you informed the agent? Such as email or paperwork?

Not ideal re the agent but not much you can do about that now. Is there a reason you haven’t just taken care of the knotweed? The property is potentially unmortgageable with it still in situ and the fact you’re looking to move without addressing it would have me personally thinking it was the reason you were looking to move…

Did you disclose it on the property information form?

“some knotweed” you’d have to be totally naive not to know the implications of this - you 1000% won’t be able to sell the house anytime soon

Yes you need to sort this before you sell. No ines going to buy it with this.

The buyers are cash buyers and we believed they were aware of the issue and that this was reflected in the offer. We have evidence of informing the agent before the offer was made.

It is a small patch at the end of a large garden, which has been managed and hasn't caused any structural damage.

I suppose my question is more about what responsibility the agent has to inform the buyer at the time the offer was made. We are being made to feel like we were being dishonest and I am worried about legal fees etc should the buyer decide to pull out.

Estate agents aren’t regulated, so there’s nothing you can do.

Again, did you tick “yes” for Japanese knotweed on the property information form?

How have you managed the knotweed?

Could you offer a second viewing to them, which you do, not the agents and show them the patch, talk them through the management plan. Explain that is why the house is priced as it is and that you had informed the agent.

Just get it removed and treated and start again.

Is your agent a member of any professional body? If so report them to it. Supply the agent with a copy of the management plan and instruct them to supply it to anyone considering an offer.

Isn’t there a tick box on the form you need to complete? I’m sure I had that question in the section with any disputes etc
surely it’s not the agents responsibility to inform them or I doubt they will take responsibility for that.
I think knotweed is one of those things you need to deal with before selling

I eventually found this and am posting it here in case it's helpful to anyone else:

"The presence of Japanese knotweed on a property is specifically classed as a “material fact”, under Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008, meaning there is a legal requirement on estate agents to make prospective buyers aware of Japanese knotweed"

From this website: https://www.environetuk.com/japanese-knotweed/property

Estate agents are not known for their honesty!

Does the legislation specify when they have to tell you? The agents defence is likely to be they would have told or it was on some form they handed over. Anyone not the seller's problem, provided they can sure they declared it.

Note the bit about insurance backed guarantees. If there is a management plan in place then the guarantee is something to look at/price, if there is no management plan then that's the first step.

Ha! Good luck enforcing that OP.

Did you lie on the PIF?

Most estate agents are totally useless and will do anything to keep a sale going, so doubtless this idiot either doesn't know the rules (likely as they don't need any training) or thinks it's ok to keep going with the sale so he gets commission. YOu need to sort it out before selling.

We pulled out of a house for this reason.

If you put it on the property information form then that's evidence of your disclosure. Unless you have anything in writing between you and the Estate Agent then it's all a bit 'he said, she said' and nothing can be proven. I wouldn't be at all surprised if they pulled out though. If it's a small patch you can deal with it yourself and to be honest it is the wisest course of action before thinking about putting the house back on the market.

It would have come up in the searches anyway- although the EA should really have disclosed. As others have said it really needs dealing with prior to sale.

There is some help and advice on this page from IVM;
https://www.knotweed-uk.com/japanese-knotweed-mortgage.html