416 thoughts on “My Seller Lied To Me! When Is It Property Misrepresentation?”
I purchased a ground floor flat, which is a share of freehold (FH) in Jul-22. There are two other freeholders for this building, one in the basement flat and one above in the first floor flat, which is let out to tenants. Our lease requires the floors to be covered with carpet and underlay. Upon moving into my flat, I found out that the flat above has wood floors, which creates very loud noise from the residents upstairs. After raising the noise issue with the freeholder of the 1st floor flat, I found out that the previous freeholders had signed off on refurbishment work requested by the freeholder upstairs, which included a change to the flooring from carpets to wood flooring among other refurb work.
I’ve been informed by the first floor freeholder that they are now under no legal obligation to change the flooring back to carpet. Further information has come to light after I moved in that the previous occupier of my flat had complained to the neighbours/freeholder upstairs about the extreme levels of noise and also about the flooring not being ‘fit for purpose’ due to the noise after completion of the renovation works. It was affecting their health as they were unable to sleep with the neighbours walking around on the loud flooring at all hours of the night. This initial complaint was made a few months prior to the sale of the property in Jan-22 with the sale being completed in Jul-22.
On both the TA6 and TA7 form, the seller had ticked ‘No’ to the questions about having any disputes or complaints about a property nearby or about any neighbour. Would answering ‘No’ on two different forms asking about whether they had made complaints to their neighbour about the noise from the property’s flooring upstairs, constitute a misrepresentation? Also would an email to the neighbour/freeholder constitute a complaint as implied by the TA6 and TA7 forms?
I had relied on these forms and the responses made by the seller have turned out to be untrue. I am unable to live or sleep in my own property due to this information that was withheld to me during the purchasing process. I would need to disclose this noise issue/complaint that I’ve also made to the tenants/freeholder upstairs when I come to sell the property. I feel like the value of my property has diminished due to this ongoing dispute at the time of purchase and it is likely to be very difficult to sell this property in the future. What options are open to me?
Firstly, there may be a claim for misrepresentation if the seller said that there had been no disputes with neighbours but there had been. In the standard TA6 property information form, there is also a question about whether or not the seller is aware of any issues that could give rise to a dispute.
The term “dispute” is of course subjective, as is the term “complaint”. What is a dispute or complaint to one person is merely a minor disagreement to another which would not have any impact on their decision to purchase a property. This was the precise issue in one case that we have referred to in our blog on misrepresentation claims in practice, here… https://cunningtons.co.uk/property-misrepresentation-claims/ The seller alleged that the dispute had been resolved but the Court considered otherwise.
The courts apply a common sense approach to the questions and answers in the property information form. This is because they are designed for individuals without legal knowledge to complete and read. Ultimately it would be a question of whether or not a Court considered that there was a dispute or not. Clearly the more serious the issue is and the more contentious that matter had become, the more likely the Court would be to find that there was a dispute.
As to your loss, this would be something that a suitably qualified surveyor would have to be instructed to advise on. This would normally be based on diminution in value, which is the difference between what was paid for the property and what it would be worth with the “defect” complained of.
The second point you have indirectly alluded to is in respect of the leases. It is not uncommon for leases to contain mutually enforceable rights between leaseholders to prevent nuisances and the like. Subject to the terms of the lease and what was agreed in respect of the works, there may be a basis to allege that the other lessee is in breach of a covenant in respect of not causing a nuisance and annoyance or, possibly, in breach of the requirement to have carpeted floor, notwithstanding what appeared to be a waiver of this requirement previously.
Hi , me and my husband bought a house on a auction that was advertised for 0.5 acres and on the google map measurements it shows 0.33 acres . The difference until 0.5 is on adverse property that the seller made an application to have it on his name ( because he used that land for 40 years ) . They advertised property with a small movie and pictures omitting to say that not all the land comes with the house . Do we have any legal rights to challenge them for misleading ???
Thank you for your comment. While we are unable to give specific advice at this stage without having seen all the documentation, there is no duty to volunteer information about a property sold at auction or otherwise unless it is in relation to a defect in title. However where information is volunteered, it must be true. If false information is given, and you rely upon it and are entitled to rely upon it, and lose out as a result, then this can form the basis of a claim. The question therefore is whether the advertisement saying it was 0.5 acres in width is a false statement, and also whether the fact that legal title to the property was gained via adverse possession is a defect in title that needs to be disclosed.
Regarding the measurements of the land. The Google Maps measurements are not necessarily correct. It would require a proper surveyor’s report to show it is an incorrect measurement. It would also have to be shown that the contents of the advertisement were something you could rely upon. Often auction property contracts are heavily locked down and contain lots of exclusion and non-reliance clauses and as such bringing a claim against a seller at auction is difficult as you will have to circumnavigate those clauses. In addition there is the question of what, in fact, you have lost as a result of this. Therefore, while there may be something open to you in terms of a claim it is difficult to determine without having seen all the documentation.
I have agreed to a completion date of less than a month from now on the purchase of a house. On the first viewing of the property the estate agent pointed out that the garden was south facing and the seller also stressed the advantages of having a south facing garden. The searches recently revealed that the garden actually faces north east and this is a great disappointment to me as gardening is my passion.
Since this is an aspect of the property that cannot be changed, can I claim a reduction in the price for misrepresentation? I am a cash buyer who agreed to pay the asking price to start off with.
Drains When the sellers were informed that I wanted a survey done on the building they offered to give me a survey report that they had carried out one year previously when they were buying the property. The report referred to the drains being partially blocked by builders builders rubble. The sellers informed me that the problem has been resolved and I organised another drain survey to ensure that the work had been carried out properly.
The second survey revealed that although the debris had been cleared , the way the drains had been built debris from the ensuite bathroom was gathering at one point of the sewer and could possibly lead to flooding. Furthermore, another drain from the property has been affected by the roots of shrubs growing next to the manhole. The drain surveyor has recommended that the drain pipe should be lined to avoid further damage by roots and that the manhole cover should be cemented in to avoid the possibility of flooding should a blockage occur.
What would you advise me to do regarding getting the drains repaired ? The sellers are pressing me to complete but I do not want to exchange or complete unless the issue of the drains have been resolved.
We cannot give specific advise on our website, only general guidance which shouldn’t be considered a substitute for properly considered legal advice.
If you have not exchanged contracts, there is no basis of claim at all. What the parties choose to negotiate and why is up to them. What we would say if that a particular point is of importance, a contractual term should be negotiated.
Based on what you say about the garden, we consider it unlikely that you would be able to bring a misrepresentation claim, not least that there is no contract in place if you have not exchanged. If there is no claim, it is unlikely that you would have the leverage to renegotiate the terms of the contract.
On the assumption that you have exchanged, firstly, we would have expected searches to have been completed and reviewed prior to exchange of contracts. If contracts were exchanged prior to considering these, if we were in the sellers position, we would be arguing that the loss you have suffered is, in part, due to not taking the search results into account when deciding whether or not to enter into the contract.
Secondly, we are not aware of any questions in the standard property information from that relate to the direction that a garden faces. Normally it is a term of a contract of sale for residential property that only representations made in writing and passing between the parties and their solicitors are capable of being relied on. This is to deliberately exclude any possibility of later arguments arising about what was said and when. If you were told orally that the garden faces south, you may find that you have contracts agreed not to pursue a claim for misrepresentation based on this.
As for the drains, you would not have a misrepresentation claim if you have exchanged. You did not rely on what the seller said, you relied on your own enquiries.
In summary, if you have not exchanged and just agreed a preliminary completion date, it is a matter of contract and negotiation as to what is to be agreed. If you want to ask for a discount on the sale price to take account of the direction the garden faces, this is your prerogative. If you want to negotiate a discount based on what you think the cost of the works for the drains might be, or even ask the seller to undertake work themselves, again, this is down to the bargaining positions of the parties. The seller is not obliged to agree anything.
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I purchased a ground floor flat, which is a share of freehold (FH) in Jul-22. There are two other freeholders for this building, one in the basement flat and one above in the first floor flat, which is let out to tenants.
Our lease requires the floors to be covered with carpet and underlay. Upon moving into my flat, I found out that the flat above has wood floors, which creates very loud noise from the residents upstairs. After raising the noise issue with the freeholder of the 1st floor flat, I found out that the previous freeholders had signed off on refurbishment work requested by the freeholder upstairs, which included a change to the flooring from carpets to wood flooring among other refurb work.
I’ve been informed by the first floor freeholder that they are now under no legal obligation to change the flooring back to carpet. Further information has come to light after I moved in that the previous occupier of my flat had complained to the neighbours/freeholder upstairs about the extreme levels of noise and also about the flooring not being ‘fit for purpose’ due to the noise after completion of the renovation works. It was affecting their health as they were unable to sleep with the neighbours walking around on the loud flooring at all hours of the night. This initial complaint was made a few months prior to the sale of the property in Jan-22 with the sale being completed in Jul-22.
On both the TA6 and TA7 form, the seller had ticked ‘No’ to the questions about having any disputes or complaints about a property nearby or about any neighbour. Would answering ‘No’ on two different forms asking about whether they had made complaints to their neighbour about the noise from the property’s flooring upstairs, constitute a misrepresentation? Also would an email to the neighbour/freeholder constitute a complaint as implied by the TA6 and TA7 forms?
I had relied on these forms and the responses made by the seller have turned out to be untrue. I am unable to live or sleep in my own property due to this information that was withheld to me during the purchasing process. I would need to disclose this noise issue/complaint that I’ve also made to the tenants/freeholder upstairs when I come to sell the property. I feel like the value of my property has diminished due to this ongoing dispute at the time of purchase and it is likely to be very difficult to sell this property in the future. What options are open to me?
Thank you for your comment.
You in fact raise to potential issues to address.
Firstly, there may be a claim for misrepresentation if the seller said that there had been no disputes with neighbours but there had been. In the standard TA6 property information form, there is also a question about whether or not the seller is aware of any issues that could give rise to a dispute.
The term “dispute” is of course subjective, as is the term “complaint”. What is a dispute or complaint to one person is merely a minor disagreement to another which would not have any impact on their decision to purchase a property. This was the precise issue in one case that we have referred to in our blog on misrepresentation claims in practice, here… https://cunningtons.co.uk/property-misrepresentation-claims/ The seller alleged that the dispute had been resolved but the Court considered otherwise.
The courts apply a common sense approach to the questions and answers in the property information form. This is because they are designed for individuals without legal knowledge to complete and read. Ultimately it would be a question of whether or not a Court considered that there was a dispute or not. Clearly the more serious the issue is and the more contentious that matter had become, the more likely the Court would be to find that there was a dispute.
As to your loss, this would be something that a suitably qualified surveyor would have to be instructed to advise on. This would normally be based on diminution in value, which is the difference between what was paid for the property and what it would be worth with the “defect” complained of.
The second point you have indirectly alluded to is in respect of the leases. It is not uncommon for leases to contain mutually enforceable rights between leaseholders to prevent nuisances and the like. Subject to the terms of the lease and what was agreed in respect of the works, there may be a basis to allege that the other lessee is in breach of a covenant in respect of not causing a nuisance and annoyance or, possibly, in breach of the requirement to have carpeted floor, notwithstanding what appeared to be a waiver of this requirement previously.
Hi , me and my husband bought a house on a auction that was advertised for 0.5 acres and on the google map measurements it shows 0.33 acres . The difference until 0.5 is on adverse property that the seller made an application to have it on his name ( because he used that land for 40 years ) . They advertised property with a small movie and pictures omitting to say that not all the land comes with the house .
Do we have any legal rights to challenge them for misleading ???
Thank you for your comment. While we are unable to give specific advice at this stage without having seen all the documentation, there is no duty to volunteer information about a property sold at auction or otherwise unless it is in relation to a defect in title. However where information is volunteered, it must be true. If false information is given, and you rely upon it and are entitled to rely upon it, and lose out as a result, then this can form the basis of a claim. The question therefore is whether the advertisement saying it was 0.5 acres in width is a false statement, and also whether the fact that legal title to the property was gained via adverse possession is a defect in title that needs to be disclosed.
Regarding the measurements of the land. The Google Maps measurements are not necessarily correct. It would require a proper surveyor’s report to show it is an incorrect measurement. It would also have to be shown that the contents of the advertisement were something you could rely upon. Often auction property contracts are heavily locked down and contain lots of exclusion and non-reliance clauses and as such bringing a claim against a seller at auction is difficult as you will have to circumnavigate those clauses. In addition there is the question of what, in fact, you have lost as a result of this. Therefore, while there may be something open to you in terms of a claim it is difficult to determine without having seen all the documentation.
I have agreed to a completion date of less than a month from now on the purchase of a house. On the first viewing of the property the estate agent pointed out that the garden was south facing and the seller also stressed the advantages of having a south facing garden. The searches recently revealed that the garden actually faces north east and this is a great disappointment to me as gardening is my passion.
Since this is an aspect of the property that cannot be changed, can I claim a reduction in the price for misrepresentation? I am a cash buyer who agreed to pay the asking price to start off with.
Drains
When the sellers were informed that I wanted a survey done on the building they offered to give me a survey report that they had carried out one year previously when they were buying the property. The report referred to the drains being partially blocked by builders builders rubble. The sellers informed me that the problem has been resolved and I organised another drain survey to ensure that the work had been carried out properly.
The second survey revealed that although the debris had been cleared , the way the drains had been built debris from the ensuite bathroom was gathering at one point of the sewer and could possibly lead to flooding. Furthermore, another drain from the property has been affected by the roots of shrubs growing next to the manhole. The drain surveyor has recommended that the drain pipe should be lined to avoid further damage by roots and that the manhole cover should be cemented in to avoid the possibility of flooding should a blockage occur.
What would you advise me to do regarding getting the drains repaired ? The sellers are pressing me to complete but I do not want to exchange or complete unless the issue of the drains have been resolved.
Thank you for your help .
Thank you for your comments.
We cannot give specific advise on our website, only general guidance which shouldn’t be considered a substitute for properly considered legal advice.
If you have not exchanged contracts, there is no basis of claim at all. What the parties choose to negotiate and why is up to them. What we would say if that a particular point is of importance, a contractual term should be negotiated.
Based on what you say about the garden, we consider it unlikely that you would be able to bring a misrepresentation claim, not least that there is no contract in place if you have not exchanged. If there is no claim, it is unlikely that you would have the leverage to renegotiate the terms of the contract.
On the assumption that you have exchanged, firstly, we would have expected searches to have been completed and reviewed prior to exchange of contracts. If contracts were exchanged prior to considering these, if we were in the sellers position, we would be arguing that the loss you have suffered is, in part, due to not taking the search results into account when deciding whether or not to enter into the contract.
Secondly, we are not aware of any questions in the standard property information from that relate to the direction that a garden faces. Normally it is a term of a contract of sale for residential property that only representations made in writing and passing between the parties and their solicitors are capable of being relied on. This is to deliberately exclude any possibility of later arguments arising about what was said and when. If you were told orally that the garden faces south, you may find that you have contracts agreed not to pursue a claim for misrepresentation based on this.
As for the drains, you would not have a misrepresentation claim if you have exchanged. You did not rely on what the seller said, you relied on your own enquiries.
In summary, if you have not exchanged and just agreed a preliminary completion date, it is a matter of contract and negotiation as to what is to be agreed. If you want to ask for a discount on the sale price to take account of the direction the garden faces, this is your prerogative. If you want to negotiate a discount based on what you think the cost of the works for the drains might be, or even ask the seller to undertake work themselves, again, this is down to the bargaining positions of the parties. The seller is not obliged to agree anything.