Selling your home comes with enough challenges without risking legal trouble over Japanese knotweed. This invasive plant, if mishandled on the TA6 Property Information Form, can lead to costly consequences – even if you’re unaware it’s present.

The legal risk of misrepresenting knotweed

Sellers have a legal duty to disclose knotweed – whether it’s on or near their property – or face legal claims for misrepresentation. Despite this requirement a YouGov survey commissioned by Environet found nearly 1 in 10 sellers would knowingly hide knotweed issues, potentially affecting as many as 4,500 transactions every year. By answering incorrectly, or dishonestly, sellers are putting themselves at significant risk.

Why you shouldn’t answer “No”

Even unintentional mistakes carry risk:

• 77% of people have heard of knotweed, but only 12% can accurately identify it.
• It’s nearly impossible to guarantee a property is completely free from knotweed because it can lie dormant in the ground for 10 years or more.
• Don’t fall into the trap of believing that you would definitely know if you had it!

The safe bet: Answer “Not known”

The TA6 form requires disclosure of knotweed on or near the property. If you:

• Know it’s present → Answer “Yes”.
• Aren’t sure → Answer “Not Known” and consider a professional survey with a warranty (often covering up to £20,000 for treatment).

What if you don’t disclose?

Not disclosing can lead to:

• Legal action for misrepresentation.
• Compensation claims for removal, devaluation and legal fees.
• Delays or the sale falling through.

The right treatment can help you sell

Declaring knotweed doesn’t mean you won’t sell, and treated properties often regain their “unaffected” value when the knotweed is professionally removed and an insurance-backed guarantee is in place.

Buyers are more open-minded than you think

• 67% of buyers would still purchase a property if the knotweed was treated or the property discounted.
• BUT – 33% wouldn’t proceed, which limits your buyer pool – so making sure you have the best management plan is really important to ensure that you don’t limit your chances of selling any further.

Final thoughts: Honesty is best

Since it’s almost impossible to be completely certain your property is knotweed-free, answering “Not Known” and seeking professional advice is often the safest course. This transparency protects both seller and buyer, leading to a smoother, hassle-free sale.

When in doubt, consult your Chartered Surveyor, Conveyancer or knotweed specialist for guidance.