416 thoughts on “My Seller Lied To Me! When Is It Property Misrepresentation?”
We bought our first house this year. In the TA6 form, the seller ticked”to follow” for the guarantees for “windows, roof lights, roof windows or glazed doors”and for “electrical work”. He never sent these guarantees to us, and has failed to respond to numerous emails from us and our solicitor. After moving in we have had to get the RCD changed and the electrician said the house would need a full rewire. Also the windows have been installed incorrectly and lack insulation around them. In addition, while the seller didn’t tick the roof guarantee box in the TA6 form he did send us a written email prior to completion saying that he would forward the guarantee for the flat roof on the extension behind the house. Now we have started noticing damp patches coming through the ceiling.
Do you think we have recourse for any of these issues? Thank you
We are sorry to hear about this. It must have come as a disappointment to move into your first home and discover these issues.
There could be a claim for misrepresentation here but it might be vitiated to a degree depending on what was done to chase up these guarantees before exchange and completion and what the guarantees in fact cover.
Certainly there is scope here to say that you relied on these representations that they would be supplied and it is arguably implicit that the guarantees existed. If no guarantees in fact exist, then the representations were obviously false. However, if you proceeded to exchange and complete without having seen the guarantees, this may lend itself to the counter argument that you did not rely on them being adequate to cover the remedial works required, that they remained valid (as most guarantees will expire eventually) or even existing at all.
Whether or not the guarantees exist and what they cover is going to be important for any claim. If they do exist, then there is probably little scope for any sort of claim if they are subsequently provided, even if the guarantees are out of date or do not cover the remedial works required. Guarantees do not state what the condition of the property is in, this is what a surveyor’s report is generally for. Further, the standard conditions of sale that normally apply in residential conveyancing expressly state that it is for the buyer to satisfy themselves as to the condition of the property they are purchasing.
If the guarantees do not exist, then there may be better scope for a claim. Why would someone suggest that guarantees existed when they did not, other than to lure a person into a sense of security before entering into a contract. In theory, there could be a claim based on what a “normal” guarantee would cover and that, so far as any of the remedial works required now would have been covered by such a “normal” guarantee, this is a loss that you have suffered. It is possible that you would need to obtain some evidence of what a guarantee would normally cover, and this might be by way of input from a suitably qualified expert.
You might want to also consider asking your solicitor why they did not follow up on this. You might also want to look at any surveyor’s report undertaken, as this might have failed to disclose issues or defects which have now become apparent.
We would be happy to look into the position for you in a bit more detail. Please feel free to get in touch.
Dear all, I would really appreciate if you could give me an advice. We moved 2 months ago in new maisonette. When we bought it, we asked seller about noise from upstairs, like steps or voice. Seller said that it’s quiet property. It was very important for me, because we used to live before in flat with poor insulation. When we moved we recognized, that there is no insulation at all! I can hear everything, even my neighbors conversation. It’s ok in day time, but their steps at night waking me up. And my neighbor can speak very loud at night, and I couldn’t sleep. Even my baby is waking up. This neighbor upstairs is sellers cousin. Seller of course didn’t mention it, and I think he asked neighbor be quiet when someone came to see the flat. Can I do something with that?
In terms of what can be done, asking the neighbours upstairs to be more considerate may be a starting point. Whilst a solicitor could potentially write to them, good neighbourly relations may be prejudiced if a solicitor is instructed right away. A dispute with a neighbour is something you would have to declare when it comes to selling your property. This is more of a practical than legal consideration. You should also consider the terms of your lease, as there may be a mechanism within the lease to deal with this situation.
As for a claim against the seller, this will depend very much on what correspondence regarding the point took place leading up to exchange and completion. Short of asking for details of any disputes with a neighbour or details of any complaints the seller has made against or received from the landlord or another other neighbour (and it may be the case that there was no dispute or complaint), the Property Information Form (TA6) and Leasehold Information Form (TA7) which are normally used in transactions do not specifically ask any questions about noise. Even then, what does or does not constitute noise nuisance is to an extent a matter of opinion.
A misrepresentation claim can generally only exist if there is a false statement of fact. Therefore we would be hesitant to suggest that there is potential recourse for a claim against the seller.
I had my offer accepted over a week ago, and I have instructed my solicitor to complete the sale. I have taken out a re-mortgage loan to pay for this, which has now been released to me. We brought the property based on the fact it had lapsed planning permission to build an additional bungalow in the garden; we paid well over the asking price to ensure our offer was accepted as the estate agent was informing us that we would need to pay higher, as they have received numerous high offers.
I have found out today; over a week into the sale, that the lapsed plans never even existed, this surely would mean that the property is worth much less than the offer was accepted for. It was advertised on the particulars, the board outside the house as well as on right move that it was a property with lapsed planning. It stated on all of these that there was great potential to build a bungalow on the land.
Is there anything I can do as I have now taken out a re-mortgage that is now sitting in my bank and will be having to pay monthly for this. As well as having to pay the solicitor for their time spent.
It sounds as though you may have been misled but have not entered into a contract to purchase the property. From what you describe, your solicitor has undertaken some preliminary enquiries in respect of the property and discovered that it did not have the planning permission you were led to believe.
If you have not exchanged contracts, then you will not have been “induced” into that contract, as no contract to purchase the property exists. A misrepresentation claim cannot exist unless a contract is entered into based on something that the other party says which is not true.
If contracts have not been exchanged, we would be very hesitant to suggest that there is any sort of claim. Further, if you do exchange contracts, you would be very unlikely to have a later claim for misrepresentation, as you will not have relied on what was said about the planning permission when entering into the contract, as you know the truth of the matter. Further, if you have not exchanged contracts, then you have the option to make a decision about whether or not you want to proceed or re-negotiate the purchase price.
If you have exchanged contracts but have not completed, then there may be some scope here for you to rescind the contract, depending on what was said leading up to exchange. You should certainly discuss your options with your solicitor.
A final point to note is that in order to claim any loss, that loss must be “reasonably foreseeable”. This means that at the time the contract was entered into, the seller knew or ought to have known that the property was being funded by way of a remortgage.
We are sorry to say that it is unlikely that there is a claim.
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We bought our first house this year. In the TA6 form, the seller ticked”to follow” for the guarantees for “windows, roof lights, roof windows or glazed doors”and for “electrical work”. He never sent these guarantees to us, and has failed to respond to numerous emails from us and our solicitor. After moving in we have had to get the RCD changed and the electrician said the house would need a full rewire. Also the windows have been installed incorrectly and lack insulation around them.
In addition, while the seller didn’t tick the roof guarantee box in the TA6 form he did send us a written email prior to completion saying that he would forward the guarantee for the flat roof on the extension behind the house. Now we have started noticing damp patches coming through the ceiling.
Do you think we have recourse for any of these issues? Thank you
Hello Dave, your message has been passed on to our litigation partner Mark Taylor and he will reply when he has a gap in his schedule.
Let’s hope he can help you find a way forward with your property issue.
We are sorry to hear about this. It must have come as a disappointment to move into your first home and discover these issues.
There could be a claim for misrepresentation here but it might be vitiated to a degree depending on what was done to chase up these guarantees before exchange and completion and what the guarantees in fact cover.
Certainly there is scope here to say that you relied on these representations that they would be supplied and it is arguably implicit that the guarantees existed. If no guarantees in fact exist, then the representations were obviously false. However, if you proceeded to exchange and complete without having seen the guarantees, this may lend itself to the counter argument that you did not rely on them being adequate to cover the remedial works required, that they remained valid (as most guarantees will expire eventually) or even existing at all.
Whether or not the guarantees exist and what they cover is going to be important for any claim. If they do exist, then there is probably little scope for any sort of claim if they are subsequently provided, even if the guarantees are out of date or do not cover the remedial works required. Guarantees do not state what the condition of the property is in, this is what a surveyor’s report is generally for. Further, the standard conditions of sale that normally apply in residential conveyancing expressly state that it is for the buyer to satisfy themselves as to the condition of the property they are purchasing.
If the guarantees do not exist, then there may be better scope for a claim. Why would someone suggest that guarantees existed when they did not, other than to lure a person into a sense of security before entering into a contract. In theory, there could be a claim based on what a “normal” guarantee would cover and that, so far as any of the remedial works required now would have been covered by such a “normal” guarantee, this is a loss that you have suffered. It is possible that you would need to obtain some evidence of what a guarantee would normally cover, and this might be by way of input from a suitably qualified expert.
You might want to also consider asking your solicitor why they did not follow up on this. You might also want to look at any surveyor’s report undertaken, as this might have failed to disclose issues or defects which have now become apparent.
We would be happy to look into the position for you in a bit more detail. Please feel free to get in touch.
Dear all,
I would really appreciate if you could give me an advice.
We moved 2 months ago in new maisonette. When we bought it, we asked seller about noise from upstairs, like steps or voice. Seller said that it’s quiet property. It was very important for me, because we used to live before in flat with poor insulation.
When we moved we recognized, that there is no insulation at all! I can hear everything, even my neighbors conversation. It’s ok in day time, but their steps at night waking me up. And my neighbor can speak very loud at night, and I couldn’t sleep. Even my baby is waking up. This neighbor upstairs is sellers cousin. Seller of course didn’t mention it, and I think he asked neighbor be quiet when someone came to see the flat.
Can I do something with that?
Thank you for your post.
In terms of what can be done, asking the neighbours upstairs to be more considerate may be a starting point. Whilst a solicitor could potentially write to them, good neighbourly relations may be prejudiced if a solicitor is instructed right away. A dispute with a neighbour is something you would have to declare when it comes to selling your property. This is more of a practical than legal consideration. You should also consider the terms of your lease, as there may be a mechanism within the lease to deal with this situation.
As for a claim against the seller, this will depend very much on what correspondence regarding the point took place leading up to exchange and completion. Short of asking for details of any disputes with a neighbour or details of any complaints the seller has made against or received from the landlord or another other neighbour (and it may be the case that there was no dispute or complaint), the Property Information Form (TA6) and Leasehold Information Form (TA7) which are normally used in transactions do not specifically ask any questions about noise. Even then, what does or does not constitute noise nuisance is to an extent a matter of opinion.
A misrepresentation claim can generally only exist if there is a false statement of fact. Therefore we would be hesitant to suggest that there is potential recourse for a claim against the seller.
I had my offer accepted over a week ago, and I have instructed my solicitor to complete the sale. I have taken out a re-mortgage loan to pay for this, which has now been released to me. We brought the property based on the fact it had lapsed planning permission to build an additional bungalow in the garden; we paid well over the asking price to ensure our offer was accepted as the estate agent was informing us that we would need to pay higher, as they have received numerous high offers.
I have found out today; over a week into the sale, that the lapsed plans never even existed, this surely would mean that the property is worth much less than the offer was accepted for.
It was advertised on the particulars, the board outside the house as well as on right move that it was a property with lapsed planning. It stated on all of these that there was great potential to build a bungalow on the land.
Is there anything I can do as I have now taken out a re-mortgage that is now sitting in my bank and will be having to pay monthly for this. As well as having to pay the solicitor for their time spent.
Thank you for your query.
It sounds as though you may have been misled but have not entered into a contract to purchase the property. From what you describe, your solicitor has undertaken some preliminary enquiries in respect of the property and discovered that it did not have the planning permission you were led to believe.
If you have not exchanged contracts, then you will not have been “induced” into that contract, as no contract to purchase the property exists. A misrepresentation claim cannot exist unless a contract is entered into based on something that the other party says which is not true.
If contracts have not been exchanged, we would be very hesitant to suggest that there is any sort of claim. Further, if you do exchange contracts, you would be very unlikely to have a later claim for misrepresentation, as you will not have relied on what was said about the planning permission when entering into the contract, as you know the truth of the matter. Further, if you have not exchanged contracts, then you have the option to make a decision about whether or not you want to proceed or re-negotiate the purchase price.
If you have exchanged contracts but have not completed, then there may be some scope here for you to rescind the contract, depending on what was said leading up to exchange. You should certainly discuss your options with your solicitor.
A final point to note is that in order to claim any loss, that loss must be “reasonably foreseeable”. This means that at the time the contract was entered into, the seller knew or ought to have known that the property was being funded by way of a remortgage.
We are sorry to say that it is unlikely that there is a claim.