Should I tell buyers about my noisy, messy neighbors? Our consumer rights lawyer DEAN DUNHAM responds

My neighbor is loud, their yard is a mess, and their house could use some TLC. I’m selling my house. Is it illegal for me not to identify this as a problem?

DL by email.

Dean Dunham replies: Let me first dispel a common myth that it is the buyer’s responsibility to investigate all aspects of a property and uncover any problems.

The ‘buyer beware’ principle still applies when selling real estate, although its application is now limited due to the Consumer Protection Against Unfair Trading Act 2008.

This law reverses the seller’s responsibility to disclose anything that could affect the buyer’s decision to proceed with the purchase of the property.

Sellers of real estate are now required to complete a Seller’s Property Information Form, known as ‘Form TA6’.

This asks questions about the home that must be answered honestly. Failure to do so could expose you to a claim for misrepresentation from the buyer, which will inevitably include a claim for damages.

The key question is which information falls within the requirements of the regulations? The TA6 form specifically asks about neighbor disputes. So if you have had or are currently having a neighbor dispute, you must report it. What constitutes a dispute is left open to interpretation.

But if you have filed a complaint with the municipality or another body about the behavior of your neighbors, or contacted them directly, you are obliged to report it.

If you are simply dissatisfied with something – in this case the condition of your property – but have not taken steps to address it, there is no ‘dispute’ and therefore does not need to be included on the TA6 form mention.

The condition of your neighbor’s yard and the general condition of your neighbor’s property is a fairly subjective matter; your opinion of what a mess is may not be shared by others.

My opinion is that this is not necessarily something you need to disclose to a buyer (unless there is a ‘dispute’ about it) and therefore it is something that viewers in your home can see for themselves.

However, this is not an answer that fits all situations. Therefore, it is always best to err on the side of caution and ask your attorney or real estate agent if a specific matter like this should be disclosed.

> Read our columnist Dean Dunham on how to fight for your consumer rights

A product always needs to be repaired. Can I just get my money back?

I bought a laptop in November and had reason to return it in December. The seller fixed it, but now the problem has occurred again. The shopkeeper says he will repair it again, should I accept this or can I ask for a refund?

FW by email.

Dean Dunham replies: Retailers would like consumers to believe that they have the right to continue repairing defective goods.

However, this is not the case as the Consumer Rights Act 2015 (section 24(5)(a) to be precise) clearly states that if the same problem occurs again after a repair, the consumer has the right to return the goods and demand a refund.

Alternatively, you can ask for a price reduction to take into account the problems with the goods. This means that you get some money back, but you get to keep the goods.

You told me that you don’t want to go through with a second laptop repair and instead just want your money back. In this situation, retailers may deduct an amount from the refund for ‘use’ to take into account the use of the goods you have had before the refund.

However, in your case I would argue this since you have hardly used the laptop.

• Write to Dean Dunham, Money Mail, 9 Derry Street, London W8 5HY or email d.dunham@dailymail.co.uk. The Ny Breaking cannot accept any legal liability for any answers given.