191 thoughts on “Property Misrepresentation Claims in Practice”
We bought a house from a small developer. They said to my Solicitor they were in discussion with the Council for a Section 38 road adoption agreement. When we completed on the property under questioning, the developer said he was now in discussion with the Council for a Section 37 agreement with the Council and the road would be finished in due course. That was six years a go. Also when my Solicitor did land searches there was nothing due to be built with planning permission near our road. After we completed we learnt that a resident in one of the houses was the land owner of our road and owned the field at the end. The developer then applied for planning permission on this field which was rejected twice. The Council say its entirely up to the developer what he does regarding the road as it is deemed a PRIVATE Road and he can apply for planning permission for the field at the end as many times as he wishes. Was his misrepresenting the property he sold to us or are these factors legally outside of the law regarding selling a house?
Thank you for your comment and apologies for the delay in responding.
While we are unable to comment on specific issues without sight of the relevant documentation, there may be a situation here which could give rise to a claim. The key elements of a misrepresentation claim are that you must show that the seller made a false statemen which you relied upon, and were entitled to reply upon, and that as a result of which you have suffered a loss and damage.
In order to advise you we would need to look at your conveyancing file to see if you were, indeed, misled but you would also have to establish that the misrepresentation induced you to enter into the purchase.
This may be something we can assist you with; have a look at our Fixed Fee scheme for property claims.
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We bought a house from a small developer. They said to my Solicitor they were in discussion with the Council for a Section 38 road adoption agreement. When we completed on the property under questioning, the developer said he was now in discussion with the Council for a Section 37 agreement with the Council and the road would be finished in due course. That was six years a go. Also when my Solicitor did land searches there was nothing due to be built with planning permission near our road. After we completed we learnt that a resident in one of the houses was the land owner of our road and owned the field at the end. The developer then applied for planning permission on this field which was rejected twice. The Council say its entirely up to the developer what he does regarding the road as it is deemed a PRIVATE Road and he can apply for planning permission for the field at the end as many times as he wishes.
Was his misrepresenting the property he sold to us or are these factors legally outside of the law regarding selling a house?
Thank you for your comment and apologies for the delay in responding.
While we are unable to comment on specific issues without sight of the relevant documentation, there may be a situation here which could give rise to a claim. The key elements of a misrepresentation claim are that you must show that the seller made a false statemen which you relied upon, and were entitled to reply upon, and that as a result of which you have suffered a loss and damage.
In order to advise you we would need to look at your conveyancing file to see if you were, indeed, misled but you would also have to establish that the misrepresentation induced you to enter into the purchase.
This may be something we can assist you with; have a look at our Fixed Fee scheme for property claims.