7 Legal Pitfalls That Could Delay or Derail Your Sale
Selling a property should be exciting — the next chapter, a fresh start, maybe even with a celebratory bottle of something chilled. Yet for many Kent sellers, the conveyancing process can feel more like an obstacle course than a victory lap.
At Kingsfords Solicitors, with offices in Ashford, Cranbrook and Hythe, we regularly see perfectly good property sales delayed (or worse, falling through) because of avoidable legal issues. The good news? With the right Kent conveyancing advice and a bit of preparation, most of these pitfalls can be sidestepped entirely.
In this article Senior Solicitor Adrian Bowers highlights seven of the most common legal pitfalls when selling property in Kent and how to avoid them.
1. Mis-Disclosures on the Property Information Form (TA6)
The TA6 Property Information Form might look like harmless paperwork, but it’s one of the biggest causes of property sale issues in Kent.
Sellers sometimes:
- Forget about historic disputes
- Underestimate past building work
- Answer “no” when the honest answer is “not sure”
Even innocent mistakes can lead to buyers losing confidence, requesting price reductions, or withdrawing entirely.
Top tip: If you’re unsure, say so. Over-disclosure is far safer than under-disclosure. Kingsfords conveyancing solicitors can help you complete the form accurately and protectively.
2. Boundary Disputes You Thought Were “Sorted”
That wonky fence. The hedge that crept a little too far. The neighbour who once complained but then went quiet.
Boundary disputes don’t disappear just because everyone stopped talking about them. If a buyer’s survey or solicitor uncovers uncertainty, it can:
- Delay exchange
- Trigger further investigations
- Cause mortgage lenders to hesitate
This is particularly common in rural and semi-rural Kent locations around Cranbrook and the Weald for example.
What to do: Resolve disputes before going to market if possible. Where that’s not realistic, Kingsfords Solicitors can advise how to disclose and manage the issue without scaring buyers off.
3. Restrictive Covenants Lurking in Your Title
Restrictive covenants are legal rules attached to land — often dating back decades — that limit what owners can do with the property.
Common examples include:
- No extensions without consent
- No business use
- Restrictions on fencing or alterations
Buyers in areas across Kent like Ashford and Hythe are increasingly cautious, especially if they plan renovations.
Why this matters: If covenants aren’t properly explained in the contract pack, buyers may delay while seeking indemnity insurance or legal clarification.
Good conveyancing advice from Kingsfords in Kent ensures covenants are identified early and dealt with proactively.
4. An Incomplete or Late Contract Pack
The contract pack is the backbone of your sale. Missing documents = missing momentum.
A strong contract pack should include:
- Draft contract
- Title documents
- Property information forms
- Leasehold paperwork (if applicable)
Delays often arise when sellers instruct solicitors late or haven’t gathered documents in advance.
Seller pro tip: Instruct Kingsfords Solicitor as soon as your property goes on the market — not once you’ve accepted an offer. Early preparation keeps buyers engaged and avoids frustration.
5. Leasehold Complications (Especially in Coastal Kent)
Selling a leasehold property in places like Hythe or Dover can be trickier than freehold sales.
Common problems include:
- Missing management information
- Short lease terms
- Ground rent clauses that worry lenders
Managing agents aren’t always swift, and buyers won’t proceed without full information.
How to stay ahead: Request the management pack early. Kingsfords Solicitors are experienced in leasehold conveyancing and can chase efficiently and flag issues before they become deal-breakers.
6. Common Mistakes When Responding to Buyer Enquiries
Buyer enquiries are normal but how you respond can make or break a sale.
Mistakes include:
- Delayed replies
- Inconsistent answers
- Overly casual explanations
Buyers interpret slow or vague responses as red flags.
Our advice: Let Kingsfords Solicitors handle enquiries. Clear, prompt and legally sound responses keep momentum going and reassure buyers (and their lenders).
7. Not Considering the Buyer’s Legal Position
Your sale doesn’t happen in isolation. Your buyer may be:
- Using a mortgage with strict requirements
- Buying at auction
- Part of a long chain
Failing to understand their position can lead to unrealistic timelines and last-minute surprises.
For example, issues flagged on a buyer’s legal checklist may require additional documentation from you as the seller.
Our proactive conveyancers at Kingsfords Solicitors will anticipate these issues and help keep everyone aligned.
FAQs Sellers in Kent Often Ask
How long does conveyancing take in Kent?
On average, 8–12 weeks though complex titles, leaseholds or long chains can take longer. Early preparation significantly reduces delays.
What happens if a survey finds a boundary issue?
The buyer may request clarification, legal documentation, or a price reduction. Proper disclosure and legal advice help prevent renegotiation or withdrawal.
Do I need a solicitor if selling to a cash buyer?
Yes. Even cash buyers require full legal checks. Skipping legal advice risks costly mistakes.
Do I need a solicitor if buying or selling at auction?
Absolutely. Auction sales have strict deadlines and legal commitments. Pre-auction conveyancing advice is essential.
How to Avoid These Pitfalls Altogether
The simplest way? Get the right legal advice early.
Working with Kent-based conveyancers and solicitors at Kingsfords means:
- Expert local knowledge of Ashford, Cranbrook, Hythe and beyond!
- Familiarity with common Kent property issues
- Faster communication with local agents and authorities
Final Thought
Selling your Kent property doesn’t have to be stressful, slow or derailed by legal surprises. With clear disclosure, early preparation and trusted conveyancing advice, from Kent based Kingsfords Solicitors you can move from “for sale” to “sold” with confidence — and maybe even enjoy the process along the way.
If you’re selling in Ashford, Cranbrook or Hythe or anywhere in Kent or beyond, we’re here to help.
Contact Us
If you have an interest in a property and wish to discuss any of the issues raised Senior Solicitor, Adrian Bowers and the Kingsfords Residential Property Team are on hand to support you. Please contact your local Kingsfords office in Ashford, Cranbrook or Hythe . Alternatively, you can "Get in Touch" from our website and a member of our team will get back to you promptly, or by calling us on 01233 665544 or emailing via ajb@kingsfords.net.
We are happy to discuss matters without obligation.