416 thoughts on “My Seller Lied To Me! When Is It Property Misrepresentation?”
Thank you very much for sharing this, much appreciated. My partner and I are in the process of buying a property. When we viewed the property there were tenants inside but we were reassured that they are leaving the property in a month time so at the time of purchase it would be vacant. We double-checked this before making an offer and the agent in writing confirmed that they would leave by 4th September. We paid for the survey and the solicitor and we received the seller pack, etc. However, when we enquired whether we could view the property again from the agent ince 4th Sept passed, we found out that the tenants haven’t left. This immediately raised a red flag and we asked our solicitor to chase up what is going on and apparently these tenants belong.to the council therefore still after weeks we have not found out when they could actually move out as the council would need to find a new home from them. We are frustrated as already spent a lot of money and we have been misled by the agent and seller who reassured us that this property will by vacant. However, already more than 2 months passed and it seems the tenants in situ won’t leave for a while. Could you please advise if we could submit a misrepresentation claim since we have been misled and even though we have been clear from day 1 that we would never buy a property with tenants in situ, it feels we have been tricked to it and given false information. I look forward to your advice that would be greately appreciated
If you have not exchanged/entered into a contract based on what you were advised then the chances of pursuing a successful misrepresentation claim are extremely slim. A fundamental point of a misrepresentation claim is that, in reliance on factually inaccurate information that the seller has provided, the buyer enters into a contract to purchase the property. If there is no contract, there is no loss per se. All of the correspondence and matters raised up until a contract is entered into is generally subject to contract and would not be a loss that can be claimed. In effect, such costs can be considered the due diligence a buyer is undertaking to satisfy themselves that they are prepared to proceed. If they decide to withdraw, then this is not generally recoverable.
If you have exchanged/entered into a contract and it is a term of that contract that vacant possession be given on completion (which it often is), there may be a claim for breach of contract but you should discuss this with your conveyancing solicitor. It would normally be the case that notice to complete should be served but it is a common misconception that this is a requirement for a breach of contract claim; it is not.
There is also a question mark over what you have been told constitutes a representation of fact or a representation of law. The former is actionable, the latter is not. There is case law that blurs the distinction but we would suggest that if you entered into a contract on the express promise they the property would be vacant on completion, there may be a misrepresentation claim. However, you may very well be better off serving notice to complete, rescinding the contract of the notice is not complied with and pursuing a breach of contract claim instead. We cannot know for sure what your best options are and cannot provide any specific advice until we know more about the situation. Certainly your conveyancing solicitor should be able to provide you with at least some limited guidance on your options in the circumstances.
My daughter purchased a house which was free of subsidence on survey in March 22 – on completion in Sept the porch had subsided in the hot summer of 22. Cost of repairs is circa £15k The vendor did not disclose this or even submit an insurance claim.- what are legal options for misrepresentation. Thank you
We cannot give specific legal advice on our website but in terms of general guidance, a claim for misrepresentation can arise when a representation was made which was accurate at the time but has subsequently become inaccurate. In such circumstances the seller may have a duty to update the buyer on the position and failing to do so can give rise to a misrepresentation claim.
However, what you have said suggests that you relied on your survey when deciding whether or not to enter into the contract to purchase the property, rather than anything that the seller said to you. If a misrepresentation claim is contemplated against a seller, it is necessary to identify the express (and sometimes implied) representation that was factually inaccurate. A seller would not normally make any comments regarding the condition of the property, instead telling the buyer to rely on their own enquiries and survey. This is fairly standard practice and not unreasonable; most sellers will not be qualified to say whether or not there are structural issues with the property.
There could be scope for a breach of contract claim, however, this would depend on when exchange of contracts took place and when the damage occurred.
Do feel free to contact us if you would like to explore the matter in more detail.
Further to my earlier message. Is there an obligation on the seller of the house I intend to purchase to disclose an insurance claim. Sorry, just slightly confused on reading the last post. Many thanks
The short answer is no. A seller is not obliged to provide any information about a property at all. It is always a case of “caveat emptor” or “let the buyer beware”. A house purchase is no different.
For practical reasons, a buyer is going to be far less inclined to take the risk of proceeding with the purchase of the seller does not provide the information that the buyer wants, but there is no legal obligation on a seller to provide information. The only “requirement” on a seller is to provide factually accurate information. This is less of a requirement and more because the seller should want to avoid being held liable for misrepresentation later.
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Thank you very much for sharing this, much appreciated.
My partner and I are in the process of buying a property. When we viewed the property there were tenants inside but we were reassured that they are leaving the property in a month time so at the time of purchase it would be vacant. We double-checked this before making an offer and the agent in writing confirmed that they would leave by 4th September. We paid for the survey and the solicitor and we received the seller pack, etc. However, when we enquired whether we could view the property again from the agent ince 4th Sept passed, we found out that the tenants haven’t left. This immediately raised a red flag and we asked our solicitor to chase up what is going on and apparently these tenants belong.to the council therefore still after weeks we have not found out when they could actually move out as the council would need to find a new home from them. We are frustrated as already spent a lot of money and we have been misled by the agent and seller who reassured us that this property will by vacant. However, already more than 2 months passed and it seems the tenants in situ won’t leave for a while.
Could you please advise if we could submit a misrepresentation claim since we have been misled and even though we have been clear from day 1 that we would never buy a property with tenants in situ, it feels we have been tricked to it and given false information. I look forward to your advice that would be greately appreciated
Thank you for your comment.
If you have not exchanged/entered into a contract based on what you were advised then the chances of pursuing a successful misrepresentation claim are extremely slim. A fundamental point of a misrepresentation claim is that, in reliance on factually inaccurate information that the seller has provided, the buyer enters into a contract to purchase the property. If there is no contract, there is no loss per se. All of the correspondence and matters raised up until a contract is entered into is generally subject to contract and would not be a loss that can be claimed. In effect, such costs can be considered the due diligence a buyer is undertaking to satisfy themselves that they are prepared to proceed. If they decide to withdraw, then this is not generally recoverable.
If you have exchanged/entered into a contract and it is a term of that contract that vacant possession be given on completion (which it often is), there may be a claim for breach of contract but you should discuss this with your conveyancing solicitor. It would normally be the case that notice to complete should be served but it is a common misconception that this is a requirement for a breach of contract claim; it is not.
There is also a question mark over what you have been told constitutes a representation of fact or a representation of law. The former is actionable, the latter is not. There is case law that blurs the distinction but we would suggest that if you entered into a contract on the express promise they the property would be vacant on completion, there may be a misrepresentation claim. However, you may very well be better off serving notice to complete, rescinding the contract of the notice is not complied with and pursuing a breach of contract claim instead. We cannot know for sure what your best options are and cannot provide any specific advice until we know more about the situation. Certainly your conveyancing solicitor should be able to provide you with at least some limited guidance on your options in the circumstances.
My daughter purchased a house which was free of subsidence on survey in March 22 – on completion in Sept the porch had subsided in the hot summer of 22. Cost of repairs is circa £15k The vendor did not disclose this or even submit an insurance claim.- what are legal options for misrepresentation. Thank you
Thank you for your comment.
We cannot give specific legal advice on our website but in terms of general guidance, a claim for misrepresentation can arise when a representation was made which was accurate at the time but has subsequently become inaccurate. In such circumstances the seller may have a duty to update the buyer on the position and failing to do so can give rise to a misrepresentation claim.
However, what you have said suggests that you relied on your survey when deciding whether or not to enter into the contract to purchase the property, rather than anything that the seller said to you. If a misrepresentation claim is contemplated against a seller, it is necessary to identify the express (and sometimes implied) representation that was factually inaccurate. A seller would not normally make any comments regarding the condition of the property, instead telling the buyer to rely on their own enquiries and survey. This is fairly standard practice and not unreasonable; most sellers will not be qualified to say whether or not there are structural issues with the property.
There could be scope for a breach of contract claim, however, this would depend on when exchange of contracts took place and when the damage occurred.
Do feel free to contact us if you would like to explore the matter in more detail.
Hi Mark,
Further to my earlier message.
Is there an obligation on the seller of the house I intend to purchase to disclose an insurance claim.
Sorry, just slightly confused on reading the last post.
Many thanks
Thank you for your comment.
The short answer is no. A seller is not obliged to provide any information about a property at all. It is always a case of “caveat emptor” or “let the buyer beware”. A house purchase is no different.
For practical reasons, a buyer is going to be far less inclined to take the risk of proceeding with the purchase of the seller does not provide the information that the buyer wants, but there is no legal obligation on a seller to provide information. The only “requirement” on a seller is to provide factually accurate information. This is less of a requirement and more because the seller should want to avoid being held liable for misrepresentation later.