What is property misrepresentation and what are property misrepresentation claims?

There is no specific definition of this but broadly this could be described as a claim which arises by reason of a misrepresentation occurring during a property transaction.

Can I sue the seller if I bought a house with problems that were not disclosed?

Before you can issue a claim against the seller that you purchased your property from, you will need to identify a “cause of action”. A cause of action is a legal basis of a claim. This might be for breach of contract, depending on what was contractually agreed, or for misrepresentation, if the seller actively misled you about something. Also, it is important to understand that issuing a claim is expected to be an option of last resort. The Courts expect the parties to negotiate and follow sensible and sometimes prescribed pre-action conduct. If you feel that you might have a claim, you should always take legal advice before committing to litigation.

What compensation will I receive in a property misrepresentation claim?

Damages for all types of misrepresentation cases are intended to put the claimant in the position that they would have been in had the misrepresentation not been made. In property misrepresentation cases, this is normally the difference between what you paid for the property and what it would have been worth, had the truth been told. This is called diminution in value.

What should a seller disclose when selling their property?

The seller does not have to disclose anything but if they do not, then a buyer might decide not to take the risk of buying the property. Normally a seller will fill out a property information form. For residential purchases, the Law Society published a standard property information form for this purpose, called a TA6 or a TA7.

What if the seller lied on the property information form?

If a party to a contract deliberately misrepresented facts relating to the property with the intention of misleading the buyer, a fraudulent misrepresentation can arise. Often, such a representation does not need to be in writing.

Do I have to declare planning applications, like a neighbour’s extension?

There is case law on this and it will normally depend on whether or not you have received a formal planning notice. Have a look at our article u003ca href=u0022https://cunningtons.co.uk/property-misrepresentation-claims/u0022u003e Property Misrepresentation Claims in Practice for a case on this point.

Can a home buyer sue the seller?

If you have purchased a property from someone, and believe that they have not complied with the terms of the contract or have misled you about something when deciding whether or not to proceed, there may be a claim. It is, however, important to consider the basis of that claim before issuing it (i.e. suing the seller). Suing someone is considered by the Courts to be the option of last resort, and certain pre-action steps should be observed before committing to litigation. A solicitor will be able to consider the basis of your claim, the evidence in relation to it and advise you as to what you need to do.

My seller lied about flooding - what can I do?

In our experience, this is fairly common. In short, what can be done about this depends on the terms of the contract agreed with the seller and the extent to which the information that they provided to you was misleading and caused you to enter into the contract by reason of your reliance on it. If a seller has expressly stated “no”, the property has never flooded and it transpires that it has (and evidence of this would be important to locate), then there could be a claim against the seller.

Should my seller have disclosed an insurance claim?

A seller is not obliged to volunteer information about historical insurance claims to a buyer. However, much of the time, standard property information forms are used which ask the seller this question. There might be a claim for misrepresentation if an insurance claim was made historically by the seller has answered “no” to any question asked of them by the buyer which was aimed at understanding whether or not such insurance claims had been made. However, as most of the time, the measure of damages (this is the “compensation” that the Court would award) would be based on diminution in value, it is worth thinking carefully about whether or not it is financially worth a claim against your seller. For example, an insurance claim in relation to a fence that blew down in a storm is probably not going to have a major impact on the value of the property when compared to a claim for significant subsidence.

My seller didn't disclose plumbing issues.

A seller is not obliged to volunteer information about issues with the plumbing to a buyer. There are some questions in standard property information forms which ask about things such as whether or not the boiler is in working order and whether or not the property or surrounding area has ever flooded. If there is evidence that the plumbing issue in question existed during the period of the seller’s ownership, and the seller has actively mislead the buyer by suggesting that such an issue did not exist (which is not the same as staying silent on the point), then there could be a misrepresentation claim.

Do you have to disclose mice when selling your house?

A seller is not obliged to volunteer information about vermin or other pest issues with a property. The basic position is that it is for the buyer (normally via their surveyor), to satisfy themselves that they want to purchase a property. If something in particular is important to a buyer, they should ask about this. If a seller is asked about any issues, they should provide an honest answer, or they could face a misrepresentation claim later.

How long are you liable after selling a house?

It depends on the basis of claim. For example, in a breach of contract claim, the basic deadline to pursue a claim would be six years from the date of the breach of contract (so normally, six years from completion). If the claim is based on misrepresentation, then the deadline would normally be (taking a conservative approach) six years from the date the contract was entered intro in reliance on the misrepresentations (so normally six years from exchange of contracts). There might also be other considerations to take account of. For example, fraud and deliberate concealment can have the effect of extending any deadlines to bring a claim. The Limitation Act 1980 sets out a number of “deadlines” to pursue certain types of claims and sometimes entire disputes turn on whether or not it can be said that the limitation period has expired or not.

Can you be sued after selling a house?

It depends on who is asking. If the question is can a seller be sued by a buyer, the answer is “yes”, a buyer can sue a seller of a property. Depending on the type of claim, there will be time limits to consider, however. Sometimes a seller can even remain liable to neighbours for breaches of restrictive covenants and other requirements they haver agreed to observe, but this is a complicated issue and does not arise that often.

Property Misrepresentation Claims: When Sellers Tell Lies

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416 thoughts on “My Seller Lied To Me! When Is It Property Misrepresentation?”

Charlie H says:
June 1, 2020 at 6:15 pm
Dear Cunningtons
I just wanted to say thank you for this very informative ‘blog’ of some very sad events that occur when sellers don’t complete the TA6 honestly.
Whilst I am not in the market for buying or selling my house at the moment, your website ‘briefs’ any prospective buyer or seller for what to watch out for. And of course how important it is to understand caveat emptor.
Being aware of all the ‘tricks’ that may be pulled ensures being forewarned to be forearmed!
So all good wishes for your amazingly interesting log – it is compelling reading! Whilst it is clear you do generate business from it – it is still generous of you to illustrate so professionally what victims could do to resolve – or not – their issues.
I have put you on my ‘first-port-of-call’ list if ever I need such professional help (heaven forfend!) in the future.
Thanks again.
Charlie H
Reply
1. Mark Taylor says:
  June 2, 2020 at 9:41 am
  Thank you for your comment.
  Whilst we can’t provide specific advice, as every case is different, we are happy to share general points and information. What we have set out shouldn’t be considered an alternative to obtaining legal advice, but for existing and prospective clients alike, it may provide a helpful base from which they can undertake their own research.
  We undertake a large number of property transactions for clients and do our best to set ourselves apart as a firm by providing helpful, informative advice and supporting clients with all of their requirements and queries throughout. As a result of the number of transactions we undertake, invariably the occasional disputes arises and we draw on our experience in property work to resolve them.
  For existing clients in particular, we are a very approachable firm and are normally able to have a quick chat by telephone to see if we can assist. This is not restricted to property disputes alone.
  If for any reason you do require any assistance, please do feel free to get in touch.
  Reply
Richard says:
May 30, 2020 at 8:35 pm
I purchased a house a few months ago. When interior redecorating, I’ve noticed the presence of damp seal paint on areas of the plaster on the front wall. This appears to be an attempt to cover up damp patches.
If the damp seal paint was, in fact, applied to cover over damp patches – do I have grounds for a claim against the seller?
I note there were no questions about damp on the Property Information Form.
Reply
1. Mark Taylor says:
  June 1, 2020 at 10:00 am
  Thank you for your comment.
  It is unlikely that there is any sort of claim here because of the principle of “buyer beware” or “caveat emptor”.
  Failing to volunteer information is not the same as providing misleading information. It is when someone has been actively mislead and this has induced them to enter into a contract that a potential claim for misrepresentation can arise. If you were led to believe that there had never been any issues with damp in the property, the presence of damp seal paint might indicate otherwise. However, without that representation being made, it is unlikely you would have a claim.
  We cannot give anything more than general guidance on this website, as every case is different and always requires a closer examination of the relevant facts. If you are minded to investigate the matter further, please do feel free to get in touch, however from what you have written, we would be hesitant to suggest that there is a case here.
  Reply
Tijana says:
May 23, 2020 at 1:39 pm
Hello.
I’m in process of buying a new build flat and I noticed that approved drawings or room measurements do not correspond to the actual. Each room is 5-13cm shorter and the total deviation is around 1 sqm. Is the seller legally responsible to correct the drawings? Thanks.
Reply
1. Mark Taylor says:
  May 26, 2020 at 9:51 am
  Thank you for your comment Tijana.
  If you have not yet exchanged contracts, this is something you should ask your solicitor to raise with the seller before doing so.
  If you have exchanged contracts but not yet completed, then you will need to consider what the contractual terms say about deviations from the proposed design. Again, this is something to discuss with your solicitor who will be able to advise you. It would not be unusual for developers to allow for minor variations to the contract, provided this does not have a material impact on the value of the property.
  Reply

My Seller Lied To Me! When Is It Property Misrepresentation?

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