Home sellers could face misrepresentation claims if they fail to disclose toxic neighbourhood WhatsApp groups on property information forms, according to property solicitors.
The advice follows a query to financial website This is Money from a homeowner who had an offer accepted on their property and needed to complete official sales documentation. The seller stated that a street WhatsApp group created during the pandemic had turned toxic following a minor disagreement over parking.
According to the homeowner, the online dispute led to regular arguments several times a week, leaving many neighbours refusing to speak to each other in person. The seller asked whether the poisonous neighbourhood messaging group must be declared on property forms, noting that they had not participated in any of the arguments themselves.
Rules of the Property Information Form
Jane Denton of This is Money explained that the Property Information Form, or TA6 form, is completed when an offer on a property is accepted or in advance of finding a buyer. The document is updated regularly to highlight issues a buyer needs to know about, including Japanese knotweed and flooding risks.
Sellers are instructed to complete the form "truthfully, completely and as accurately as you can." One page of the document asks sellers if they are aware of "any disputes or complaints about the property or a property nearby," while other sections cover shared spaces, shared facilities, and parking arrangements.
Denton noted that if a parking disagreement involves a shared facility such as a shared driveway, sellers must disclose the dispute and the toxic WhatsApp group even if they were not directly involved in the messages. Failure to declare a shared parking issue could result in a claim for misrepresentation if parking problems affect the buyer.
Legal advice on WhatsApp group disclosure
Olivia Egdell-Page, a partner and head of property at Joseph A Jones & Co, said the Property Information Form is among the first documents provided to prospective buyers alongside contract and title papers. She explained that the forms aim to provide early transparency and reduce subsequent enquiries during conveyancing.
Egdell-Page pointed out that recent amendments to the form introduced two specific questions regarding disputes. "Firstly, you are required to confirm whether you are aware of any disputes or complaints about the property or a property nearby," Egdell-Page said. "If so, you are required to give details as to when this took place and who was involved."
She noted that sellers must also disclose anything that might lead to a dispute about the property or a nearby property. "Previously, the forms referred only to the property being sold, and so there was some ambiguity as to the nature of disputes that were disclosable, however with the form as amended, my view is that the WhatsApp group and the nature of the messages should be disclosed," Egdell-Page said.
"My advice to clients in such cases is to be open, honest and to provide as much information as possible to allow a buyer to make an informed decision and to raise any enquiries they consider necessary before proceeding with the purchase," Egdell-Page said. She advised sellers to explain in the form's comments section that they were not involved in the arguments, suggesting they could attach screenshots if appropriate.
Risks of misrepresentation claims
Egdell-Page warned that concealing neighbourhood conflict creates legal vulnerability for sellers. "In the event the issue is not disclosed and the buyer becomes aware of this following completion, they may be able to make a claim for misrepresentation," she stated. To succeed, a buyer must prove a false response induced them to complete the purchase and caused them financial loss.
Because buyers are typically invited to join neighbourhood WhatsApp groups shortly after moving in, Egdell-Page noted that undisclosed disputes quickly become obvious. "On the basis that they will presumably be invited to join the WhatsApp group, I’d say it would be very apparent quite soon after completion that there was an issue here, so my recommendation would be to disclose this and explain the issue in your own words, rather than to keep quiet and hope for the best!" she said.
When neighbour squabbles require disclosure
James Naylor, a partner at Naylor Solicitors, emphasized that written answers on property forms carry legal weight. "Not every neighbourhood squabble becomes a conveyancing issue. But some do," Naylor said. "When selling, your answers matter because they may amount to representations on which the buyer may rely."
Naylor explained that an inaccurate or misleading response relied upon by a buyer entering a contract can trigger a misrepresentation claim. However, he noted that general friction between neighbours does not automatically require reporting. "A street WhatsApp group that has become hostile or cliquey is unlikely, without more, to be the sort of matter the question is aimed at. Gossip and personality clashes are a different thing from a dispute concerning the property or its use," Naylor said.
In contrast, Naylor stated that disclosure is required when group messages involve actual property issues. "However, the position may well be different where the group reveals a genuine disagreement about matters such as parking, access, noise, boundaries, anti-social behaviour, refuse or the use of shared areas," Naylor said, noting these issues affect a buyer's use and enjoyment of the home.
Naylor stressed that informal disputes cannot be ignored simply because legal action was never taken. "A dispute cannot safely be dismissed merely because it is informal, or because it has never reached a solicitor's letter, still less a court," Naylor said. He added: "Nor is the answer straightforward simply because you have taken no part in the arguments yourself. The form is not confined to disputes involving the seller. It extends to disputes and complaints relating to nearby properties."
Naylor noted that while a feud between households at the far end of a long road might be too remote to mention, any dispute over shared driveways, parking, or refuse arrangements serving the seller's property must be disclosed even if the seller remained neutral.
