416 thoughts on “My Seller Lied To Me! When Is It Property Misrepresentation?”
Hello. We have just bought a property at auction. We have since found out that the property has previously flooded due to rain water flowing off adjacent land. The seller answered No to the question re: history of flooding in the TA6 form. However, through my subsequent investigations I have collated a body of evidence that shows the seller did know, including a formal report from the the local council flood team relating to a previous occurrence. This has put us in a difficult position with both insurance and mortgage. Do we have potential to make a claim?
Thank you for your comment. From what you have described, there probably is a potential misrepresentation claim here. If the seller has expressly stated that the property has not flooded but you have evidence that that statement was untrue, there is likely to be a loss to you. That loss would normally be based on what is called diminution in value, being the difference in the value of the property with and without the defect complained of. However, case law is developing to the extent that sometimes the cost of repairs can be considered the appropriate measure of damages.
Do feel free to get in touch if you would like to progress this matter in more detail.
Seller gives floor plan and room measurements are not accurate. We asked EA and he told us that this approximant measurement. But one room measurement is more than 6 inches smaller. One or two inches difference is understandable but 6 inches is too much. Please guide us, what to do.
Thank you for your comment. Unfortunately we cannot provide you with any specific guidance on our website. We can, however, provide you with some general guidance.
If you have relied on something a seller has told you during the course of the transaction, then if that turns out not to be true, there could be a claim for misrepresentation. However, the basic measure of damages is what is called “diminution in value”. This is the difference between the value of the property with and without the defect complained of. We would not be able to advise you on the value of your claim and how a 6 inch difference in measurement would impact on the value of the property. For this we would have to appoint a suitably qualified surveyor to provide this information.
If it is determined that the difference in size is of no material impact on the value of the property, then the prospects of their being any loss or damage and therefore any claim to pursue, may be quite low.
I received this email from our solicitors regarding an LPE1 for that was filled out incorrectly by the management company of the flat I sold:
“Morning Rebecca,
Further to your sale of the above property the buyer’s solicitor has been in touch with regards to the service charge.
We received an LPE1 from the management company who advised that the service charge was paid up to March 2022 when it was actually paid monthly by yourself. This means that when we worked out the apportionments on completion for the service charge it was incorrect and the buyer has effectively ‘paid you back’ for the service charge up to March but has now received a payment demand from the management company from August. The total for the amount to be paid back to the buyer is £636.39.
I’ve attached a copy of our client account details for payment to be made, please ensure you call the office and check these prior to making any payments.”
Not once did I mention that service charge was paid up until March 22 I have always stated I paid monthly. This error was created by the management company. I’ve never even seen this LPE1 form.
Where do I stand on this issue. Can I refuse to pay?
Thank you for your comment. The basic position is that a lessee will be liable for all of the charges arising during their period of occupation of a property pursuant to a lease. If it can be said that you have received something over and above that which you were entitled to by reason of someone else’s mistake, there may be a claim for unjust enrichment, unless your position has changed significantly.
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Hello. We have just bought a property at auction. We have since found out that the property has previously flooded due to rain water flowing off adjacent land. The seller answered No to the question re: history of flooding in the TA6 form. However, through my subsequent investigations I have collated a body of evidence that shows the seller did know, including a formal report from the the local council flood team relating to a previous occurrence. This has put us in a difficult position with both insurance and mortgage. Do we have potential to make a claim?
Thank you for your comment. From what you have described, there probably is a potential misrepresentation claim here. If the seller has expressly stated that the property has not flooded but you have evidence that that statement was untrue, there is likely to be a loss to you. That loss would normally be based on what is called diminution in value, being the difference in the value of the property with and without the defect complained of. However, case law is developing to the extent that sometimes the cost of repairs can be considered the appropriate measure of damages.
Do feel free to get in touch if you would like to progress this matter in more detail.
Seller gives floor plan and room measurements are not accurate. We asked EA and he told us that this approximant measurement. But one room measurement is more than 6 inches smaller. One or two inches difference is understandable but 6 inches is too much. Please guide us, what to do.
Thank you for your comment. Unfortunately we cannot provide you with any specific guidance on our website. We can, however, provide you with some general guidance.
If you have relied on something a seller has told you during the course of the transaction, then if that turns out not to be true, there could be a claim for misrepresentation. However, the basic measure of damages is what is called “diminution in value”. This is the difference between the value of the property with and without the defect complained of. We would not be able to advise you on the value of your claim and how a 6 inch difference in measurement would impact on the value of the property. For this we would have to appoint a suitably qualified surveyor to provide this information.
If it is determined that the difference in size is of no material impact on the value of the property, then the prospects of their being any loss or damage and therefore any claim to pursue, may be quite low.
Hi.
I received this email from our solicitors regarding an LPE1 for that was filled out incorrectly by the management company of the flat I sold:
“Morning Rebecca,
Further to your sale of the above property the buyer’s solicitor has been in touch with regards to the service charge.
We received an LPE1 from the management company who advised that the service charge was paid up to March 2022 when it was actually paid monthly by yourself. This means that when we worked out the apportionments on completion for the service charge it was incorrect and the buyer has effectively ‘paid you back’ for the service charge up to March but has now received a payment demand from the management company from August. The total for the amount to be paid back to the buyer is £636.39.
I’ve attached a copy of our client account details for payment to be made, please ensure you call the office and check these prior to making any payments.”
Not once did I mention that service charge was paid up until March 22 I have always stated I paid monthly. This error was created by the management company. I’ve never even seen this LPE1 form.
Where do I stand on this issue. Can I refuse to pay?
Thanks in advance
Thank you for your comment. The basic position is that a lessee will be liable for all of the charges arising during their period of occupation of a property pursuant to a lease. If it can be said that you have received something over and above that which you were entitled to by reason of someone else’s mistake, there may be a claim for unjust enrichment, unless your position has changed significantly.