416 thoughts on “My Seller Lied To Me! When Is It Property Misrepresentation?”
My husband and I bought a bungalow in 2018. The property next door has partial use as a children’s nursery, however after moving in we realised they do not follow any planning conditions imposed on them w.r.t garden use etc. We have also now found out that our seller had actively written to the council objecting the nursery’s planning applications and making planning violation complaints etc. The sellers lied on the SPIF and ticked ‘No’ to all the neighbour dispute questions, including the question about writing to the council about the property. Since we have moved in we have faced several problems and bullying from the nursery owners who wanted to acquire our property. We have lived through a campaign of abuse and harassment and have had to get solicitors to write to them. We are now fed up of being prisoners in our own home and had we known about these issues we would have obviously never purchased this property. Do we have any recourse? Many thanks for reading!
The question of whether or not there is an existing dispute between a seller and their neighbours is a fairly subjective question. For an indication of how the Courts approach this question, McMeekin v Long [2003] is a good example and worth a read. We refer to it here.
In short, if there was a dispute with a neighbour but you were told in the property information form that there was not, then you may have a claim for misrepresentation.
We purchased a house in Sept 2020, the house has 6.8acres. There is a development site being built on the land to the east of the property – which we were aware of as it was already considerably underway at the time. The path leading up to a freestanding stable block bends slightly around towards this site, it like dog-legs off. It is all fenced off with fencing that has been there for some time however the developers are saying that this corner belongs to them. We are having a topo done to comfirm but the sellers sent us land plans over showing that that section of land was ours. We have also since found out and have proof of letters sent to the previous owners that they were informed of this by the developers. They did not disclose anything during the number of visits we had to the property and lied about the areas of land which belonged to the property. As mentioned, there is a free standing stable block on the land, we live in a conservation area so this should have had planning permission for – we have since found out that there was no permission for it. As we moved in the range cooker that they had left did not work – after being specifically asked if worked during one of our visits. There are many other small things also. We are wondering if we have a case against the previous owners in terms of the land being mis-sold? Also what would we gain from this – do they have to pay compensation?
If there was an error in a plan or document, meaning that what you purchased did not reflect what was agreed, then potentially compensation is available pursuant to the contract of sale. If you were actively led to believe that what you were purchasing differed from what you did purchase, there may be a claim for misrepresentation.
Whether or not you wished to take such action is entirely your choice but what you would be awarded if your claim was successful would be damages to reflect the financial loss you had suffered.
We offered on a property that was near a river. The Property Information Form was ticked ‘no’ to all questions asking if insurance (particularly in relation to flooding) had been refused, subject to high premiums etc. In addition under the relevant sections they stated that no third party had any access or rights of way and that there were no wires etc that crossed the property. In essence the answer was ‘no’ to all such questions. In addition the property had a holiday let within the grounds with a declared income of £25-30,000 pa. We proceeded through the conveyancing process as a result, incurring all the usual costs. 2 months through the process the vendors solicitor mentioned a substation within the grounds that had not previously been declared. We asked the vendor for details and they stated that it was a small box that they did not feel relevant, and that we would have to negotiate with the electricity company about access as there were no agreements. In addition a copy of their insurance policy (as requested by our solicitor) showed that they were excluded from flooding/flood damage and they have been unable to provide any verified documentation showing the holiday let income – just their own spreadsheets showing the income, which averages out at £21,000 a year gross, not the level stated. We contacted the utility company who confirmed the substation is an 11,000kw substation supplying the whole area and as such is a critical supply for which they need unrestricted 24 hour access. They stated there was an Easement in place which detailed the access of routes of access through the garden etc but were unable to provide it as we were not the householders. They confirmed the householders would have a copy of the Easement and could get a copy if required. We have now gone back to the vendors that we would not have offered the amount we did if we knew about the flood insurance exclusions or the substation and rights of access through the garden and said that were were happy to proceed but did need details of the Easement and would like a price reduction to reflect the future saleability and lack of being able to secure the garden with gated access and use the area in question. The agent has come back to confirm that the vendor feels that neither the insurance restrictions or substation should have any affect on the value or saleability of the house and so are withdrawing from our sale and have been instructed to remarket it. The question to you, and I apologise this has been longwinded, is that we only committed to the various costs of conveyancing on the basis of the answers given in the Property Information form. If any of the questions on the form had been answered truthfully we would have withdrawn. These answers are now shown to be incorrect and they wilfully answered them untruthfully. Can we now claim for the costs incurred such as solicitors fees, searches, mortgage application as they would not have been incurred if we had not been mislead?
We are afraid that it is unlikely that you would have any success in recovering your pre-contract expenditure. Until contracts are exchanged, there is no legally binding agreement between the parties to breach.
Supporting Farleigh Hospice | Limited Places Available We’re delighted to announce that Cunningtons is once again partnering with Farleigh Hospice for the annual Make a Will charity campaign this September! What We’re Offering ✅ Completely FREE Will preparation by our qualified solicitors;✅ Professional legal advice and guidance on making your Will; and of course,✅ Support […]
Planning for the future as we get older is a vital part of life – that’s why many of us provide for ourselves with pensions and Wills. However, one of the most important tools available to us is often neglected: Lasting Powers of Attorney. According to CanadaLife UK, 78% of UK adults don’t have a […]
Cunningtons help with "Your Legal Journey Through Life". We cover key areas: your first home, your relationships and family law, then growing families, employment matters, dispute resolutions, property investments, and planning your estate. We focus on continuity, trust, understanding clients, and personal service by offering the same legal team throughout life.
My husband and I bought a bungalow in 2018. The property next door has partial use as a children’s nursery, however after moving in we realised they do not follow any planning conditions imposed on them w.r.t garden use etc.
We have also now found out that our seller had actively written to the council objecting the nursery’s planning applications and making planning violation complaints etc. The sellers lied on the SPIF and ticked ‘No’ to all the neighbour dispute questions, including the question about writing to the council about the property.
Since we have moved in we have faced several problems and bullying from the nursery owners who wanted to acquire our property. We have lived through a campaign of abuse and harassment and have had to get solicitors to write to them.
We are now fed up of being prisoners in our own home and had we known about these issues we would have obviously never purchased this property. Do we have any recourse?
Many thanks for reading!
The question of whether or not there is an existing dispute between a seller and their neighbours is a fairly subjective question. For an indication of how the Courts approach this question, McMeekin v Long [2003] is a good example and worth a read. We refer to it here.
In short, if there was a dispute with a neighbour but you were told in the property information form that there was not, then you may have a claim for misrepresentation.
We purchased a house in Sept 2020, the house has 6.8acres. There is a development site being built on the land to the east of the property – which we were aware of as it was already considerably underway at the time. The path leading up to a freestanding stable block bends slightly around towards this site, it like dog-legs off. It is all fenced off with fencing that has been there for some time however the developers are saying that this corner belongs to them. We are having a topo done to comfirm but the sellers sent us land plans over showing that that section of land was ours. We have also since found out and have proof of letters sent to the previous owners that they were informed of this by the developers. They did not disclose anything during the number of visits we had to the property and lied about the areas of land which belonged to the property. As mentioned, there is a free standing stable block on the land, we live in a conservation area so this should have had planning permission for – we have since found out that there was no permission for it. As we moved in the range cooker that they had left did not work – after being specifically asked if worked during one of our visits. There are many other small things also. We are wondering if we have a case against the previous owners in terms of the land being mis-sold? Also what would we gain from this – do they have to pay compensation?
Thank you for your comment.
If there was an error in a plan or document, meaning that what you purchased did not reflect what was agreed, then potentially compensation is available pursuant to the contract of sale. If you were actively led to believe that what you were purchasing differed from what you did purchase, there may be a claim for misrepresentation.
Whether or not you wished to take such action is entirely your choice but what you would be awarded if your claim was successful would be damages to reflect the financial loss you had suffered.
We offered on a property that was near a river. The Property Information Form was ticked ‘no’ to all questions asking if insurance (particularly in relation to flooding) had been refused, subject to high premiums etc. In addition under the relevant sections they stated that no third party had any access or rights of way and that there were no wires etc that crossed the property. In essence the answer was ‘no’ to all such questions. In addition the property had a holiday let within the grounds with a declared income of £25-30,000 pa. We proceeded through the conveyancing process as a result, incurring all the usual costs. 2 months through the process the vendors solicitor mentioned a substation within the grounds that had not previously been declared. We asked the vendor for details and they stated that it was a small box that they did not feel relevant, and that we would have to negotiate with the electricity company about access as there were no agreements. In addition a copy of their insurance policy (as requested by our solicitor) showed that they were excluded from flooding/flood damage and they have been unable to provide any verified documentation showing the holiday let income – just their own spreadsheets showing the income, which averages out at £21,000 a year gross, not the level stated. We contacted the utility company who confirmed the substation is an 11,000kw substation supplying the whole area and as such is a critical supply for which they need unrestricted 24 hour access. They stated there was an Easement in place which detailed the access of routes of access through the garden etc but were unable to provide it as we were not the householders. They confirmed the householders would have a copy of the Easement and could get a copy if required. We have now gone back to the vendors that we would not have offered the amount we did if we knew about the flood insurance exclusions or the substation and rights of access through the garden and said that were were happy to proceed but did need details of the Easement and would like a price reduction to reflect the future saleability and lack of being able to secure the garden with gated access and use the area in question. The agent has come back to confirm that the vendor feels that neither the insurance restrictions or substation should have any affect on the value or saleability of the house and so are withdrawing from our sale and have been instructed to remarket it.
The question to you, and I apologise this has been longwinded, is that we only committed to the various costs of conveyancing on the basis of the answers given in the Property Information form. If any of the questions on the form had been answered truthfully we would have withdrawn. These answers are now shown to be incorrect and they wilfully answered them untruthfully. Can we now claim for the costs incurred such as solicitors fees, searches, mortgage application as they would not have been incurred if we had not been mislead?
Thank you for your comment.
We are afraid that it is unlikely that you would have any success in recovering your pre-contract expenditure. Until contracts are exchanged, there is no legally binding agreement between the parties to breach.