Property disposals: seller disclosure, deducing title, CPSE/TA replies, SCPC contract terms and misrepresentation risk—practical checklist (England and Wales)

Published by a LexisNexis Property expert

Checklists

This Checklist applies to a property disposal and considers what must be revealed to a purchaser and the manner of disclosure by deducing title, preparing the contract and answering preliminary enquiries. It addresses both the content of disclosure and the way it is provided.

What must the seller disclose?

Nature of seller’s title

Unless agreed otherwise, a purchaser may proceed on the basis that the property is freehold and free from encumbrances. In practice, that presumption is seldom relied upon, as title will be deduced to the buyer and the contract will set out the property particulars together with any incumbrances (see Drafting the contract below). However, this starting point is rarely relied upon in practice. Rather, evidence of title is produced and the paperwork captures relevant particulars and burdens.

Latent defects

Treating the property as freehold and unburdened by incumbrances places the seller under a duty to disclose latent defects in the title to the buyer. A latent defect is one that would not be apparent to a buyer on inspection. See Practice Note: Property—enquiries before contract—What must a seller disclose?...

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Web page updated on 20/05/2026

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