Does caveat emptor still apply in the UK?

Yes, Caveat Emptor does still apply in the UK, although the judicial system now pushes harder for the sellers to act in fairness and good faith. In fact, the buyers can sue previous owners for presenting incorrect information. However, sellers are not obliged to inform the the buyer on every issue of the property. Suppose a house has been passed down to you, but you have not lived in the property, you are in the right to say 'I don't know'. This protects the seller from any legal action as they can't provide information they do not know, putting the responsibility back on the buyer to do their expected due diligence.

What is the law of buyer beware?

The law behind buyer beware is that the buying party must do their due diligence before exchanging any legal documents and purchasing the property. This will require the buyer to book the relevant legal checks and RICS survey. The law is based on hundreds of years of case law rather than any legalisation. Here is an example In the case of The King v Doctor Gouge (1615), it was applied as follows: “If one doth disseise me of land, and builds a house upon this land, I shall have a judgment for this, and he is not to go into the Chancery to be relieved for this … for in such cases the rule of law is this, caveat emptor.” Buyer Beware also has a Latin phrase known as Caveat Emptor. And while this term is used across many industries, in property sales it means the responsibility is on the buyer to do the appropriate checks. Where any legal matters may ensue is when the seller presents incorrect information when requested by the buyer. During this process, the seller has to provide the buyer with the property information to the best of their knowledge.

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Woman holding a property key. SAM Conveyancing's guide to Buyer Beware

Buyer Beware: Get Informed Before you Buy a Home

by:

Jordan

Last Updated: 05/11/2025

6 min read

Purchasing a property can be both a thrilling and terrifying experience. You must understand the risks that are involved when purchasing a property, as there are several.

One of the common terms used when purchasing a property is caveat emptor, which is a Latin term for ‘let the buyer beware’. Meaning that the buyer is responsible for assessing the risks before purchase. We are going to walk you through how Caveat Emptor links to buying a house and outline what risks are involved.

In this article

What does Caveat Emptor mean?

Caveat Emptor relates to the risks involved with buying a house. It places the liability for 'due diligence' on the buyer, not the seller. This means the buyer must thoroughly investigate the property before purchase, as they will not be able to pursue the seller for problems which may be uncovered after the purchase.

Important to note: Incorrect information provided can result in legal action being taken by the buyer. For the buyer, ensure that the seller provides you with The Law Society’s Property Information Form , also known as a TA6.

What is form TA6?

The TA6 form is for the sellers of a property. This is an essential form when a property is being purchased, as the seller will provide the buyer with relevant information about the property ahead of the buyer making the purchase.

This is an essential document that the buyer will depend upon, and thus the form must be as accurate as possible. The seller must:

Complete the form to the best of their knowledge
Provide all appropriate evidence in relation to the property they own
Do not include information they know is incorrect
Do not withhold any information

As stated above, legal action could ensue if the information provided is not to the best of the seller's knowledge.

How to protect yourself as a buyer

Buyers need to do their due diligence before they can purchase their intended property. This is to protect them from nasty surprises they could find after buying. Here is what you need to know to protect yourself when buying a property:

RICS Survey

Suppose you’re purchasing a property with a mortgage. In that case, the mortgage lender will do their own evaluation of the property to ensure the value you are paying for the property is accurate. However, for that added piece of mind, you should still get your own RICS survey done.

While there is no legal requirement to have a RICS survey, it is highly recommended. Home buyers who skip the survey often face unexpected costs, running into the thousands.

There are two levels of RICS Survey that you can get, but it’s dependent on the type of property you have. Level 2 RICS Survey is a homebuyer's valuation, suitable for standard homes. A Level 3 RICS Survey are more expensive and is suitable for older and larger properties, such as a Victorian house.

Within these inspections, the surveyors will check for various issues that could arise with the potential home you are purchasing.

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Conveyancing Searches

If you're buying with a mortgage, your lender will typically require some third-party property searches regarding the property itself and the surrounding area. These searches include Environmental Searches, Water and Drainage, and Local Authority. Luckily for you, SAM’s conveyancing search bundles can manage these.

Even if you're buying without a mortgage, these searches are highly recommended as part of your due diligence before purchasing.

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Even if you’re strapped for cash, you’re going to need a solicitor who is going to provide you with excellent service. This is going to save you a lot of money in the long run. These services are essential for ensuring everything is in order before you purchase your property.

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Once the offer has been accepted, now is the time to instruct your solicitor on what to do! There are several tasks you must do in the next stage of this process:

Send your solicitor appropriate information, such as ID and proof of address
Ensure that your mortgage is in principle
Book an RICS Building Survey or HomeBuyer Report. Send the report to your solicitor!
Order the property searches

While you will be focussing on the above, your solicitor will be conducting the appropriate legal checks, catching any surprises. For example, restrictions, easements, or public rights of way. You could have a public pathway that is cuts across your garden, stopping you from building anything that would obstruct this right of way.

Recommended Extra's

This is where a your main search bundle has uncovered risks that need further investigation. For example, the property you’re looking to purchase could be in a radon-affected area. Radon is a radioactive gas that poses a risk to your and your family’s health. Therefore, after your main search has concluded, you could be suggested a Radon Search.

There are a couple of specialist surveys that can be recommended after your home survey: an asbestos survey, a damp and timber survey or subsidence. These are important checks that can be suggested, giving you an ease of mind and not scrambling to fix these issues once you’ve moved into the property.

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