The New TA6 & Changes to the CPRs - Legal & Practical Challenges for Conveyancers

Introduction

In March 2024, the Law Society published a new TA6 property information form, which it said ‘supports National Trading Standards material information guidance’. The Law Society warned that CQS-member firms would be required to use the new form as from 25 June 2024, however this has now been delayed until 15 January 2025 with a pledge to consult with the profession on the form’s contents.

The updated form includes material information that the National Trading Standards Estate and Letting Agency Team (NTSELAT) says should be disclosed by estate agents on their property listings for the purpose of complying with the Consumer Protection from Unfair Trading Regulations 2008, as amended (‘CPRs’).

However, Part 1 of the new form transfers much of the burden of estate agents’ duties to provide material information onto sellers.

Please note that course content is liable to change in the light of any new developments, e.g. if the Law Society amends the form in the light of the feedback it is receiving.

What You Will Learn

This live and interactive course will cover the following:

• The latest Law Society guidance on Conveyancers' duties under consumer protection regulation (including the pending changes under the Digital Markets, Competition and Consumers Act 2024)
• Potential criminal liability under the CPRs for anyone compiling material information for a property listing
• Advice to seller clients about MI, the new questions and the client’s increased exposure to potential claims, e.g. for misrepresentation
• Is it in the seller’s best interests to complete Part 1 of the new form?
• How far should you advise your client about the CPRs?
• Can you reconcile MI with your client’s legal professional privilege?
• What the Conveyancing Protocol says about supplying form TA6 to the buyer's Conveyancer
• Implications of the new and amended questions, such as—
• The expanded scope of the Japanese Knotweed enquiry
• Enquiries that the seller might not be able to answer without legal advice (including matters which can be verified by available information such as that contained in search reports)
• The expectation for the seller to provide details of any building safety risks (leasehold sales)
• Additional questions about solar panels and private drainage systems

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.