Our neighbourhood WhatsApp group has turned toxic... do we have tell the people buying our home?

Like many streets we have a WhatsApp group that was set up during the pandemic and has turned into the default place for any neighbourhood news.

Unfortunately, a minor dispute over parking on the group, turned into a spat, with others piling in with their view and the group has now turned toxic.

There are a number of factions, who now regularly complain about each other, there are arguments a number of times a week, and many neighbours now aren’t talking to each other in person.

We have had an offer accepted on our house and need to fill in the property information form. 

I have been told we must disclose any disputes, we’ve not been involved in any of the arguments, so does a poisonous street WhatsApp group count?

WhatsApp rage: A This is Money reader's neighbourhood WhatsApp group has turned toxic 

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Should sellers reveal toxic neighbourhood drama to buyers, or is it just part of everyday community life?

What's your view?

Jane Denton, of This is Money, replies: The Property Information Form, or TA6 form, is designed to be used when an offer on a property has been accepted. It can also be completed by sellers in advance of a buyer being found. 

The form is supposed to flush out issues with the property or neighbours that the buyer needs to know about. It gets tweaked fairly regularly and was updated last year. It covers issues like Japanese knotweed and flooding. 

The seller is asked to complete the form 'truthfully, completely and as accurately as you can'. 

On one of the form's pages the seller is asked whether they are aware of 'any disputes or complaints about the property or a property nearby'. 

On another page there are questions about whether there are any disputes about shared spaces or facilities. Questions about parking also feature later in the form. 

You have not gone into detail about how far away the parking dispute is from your property. 

If it is on, for example, a shared driveway then you would need to disclose the parking dispute and toxic WhatsApp group, even though you are not directly involved in the messages or dispute. If you didn't and a parking problem cropped up for the buyer, a claim for misrepresentation could come your way.

I asked two solicitors for their thoughts on your question. Their responses differ in some respects.  

Olivia Egdell-Page, a partner and head of property at Joseph A Jones & Co, said: The Property Information Form is one of the first documents to be sent to a prospective purchaser, alongside the contract and title documents. 

These forms were introduced with the intention of providing information about the property at an early stage, to reduce the number of enquiries that need to be raised as the transaction progresses.

The Property Information Form has been amended several times in recent years, with the intention to provide greater transparency and also to allow sellers to provide additional information if required.

In the latest edition of the form, there are two 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. 

If so, you are required to give details as to when this took place and who was involved. 

Olivia Egdell-Page is a partner and head of property at Joseph A Jones & Co

Secondly, you are required to disclose if you are aware of anything that might lead to a dispute about the property or a property nearby, and if so, provide details.

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.

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. 

The form allows some space to insert further comments, so you may wish to explain here that you have not been involved with or the subject of such comments and messages, perhaps including screenshots if you consider it appropriate.

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. 

To do so, they need to be able to identify a false statement or response, that they were induced to proceed with their purchase on the basis of this, and that they suffered loss as a result. 

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!

James Naylor, a partner at Naylor Solicitors, said: Not every neighbourhood squabble becomes a conveyancing issue. But some do. 

James Naylor is a partner at Naylor Solicitors

When selling, your answers matter because they may amount to representations on which the buyer may rely. 

If an answer is inaccurate or misleading and the buyer relies on it in entering the contract, that may give rise to a claim for misrepresentation.

The form asks about disputes and complaints regarding the property or a nearby property, including past disputes, and whether the seller is aware of anything which might lead to a dispute. 

That probably does not mean every unpleasant exchange between neighbours has to be mentioned. 

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.

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. 

These are matters that may affect a buyer’s use and enjoyment of the property or their decision whether to buy, and are much more likely to fall within the matters the form is intended to identify. 

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.

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. 

A feud between two households at the far end of a long road may be too remote to require mention. A dispute over the shared driveway, parking or refuse arrangements serving your own property is a different matter, even if you have kept out of it entirely.

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