416 thoughts on “My Seller Lied To Me! When Is It Property Misrepresentation?”
Hi, we are desperate for some advice and don’t know what to do, any advice would be greatly appreciated please
We viewed a house in September 2018, put in an offer for £10,000 over as we loved the property so much. We only put our house on the market for this one.
The local search report flagged moderate to high risk of subsidence so we had a mortgage valuation survey done in the October which we paid £550 for, we sent our mortgage advisor the local search and asked his advice, he said to see what that said and when it came back it stated no signs of structural movement and it said didn’t warrant further looking at so we relied on that and did not instruct a further survey.
He also said the house was mortgageable and was worth £305,000
The mortgage company lent us £125,000 on this basis for the property which was purchased for £305,000
The house is a 4 bed semi detached, with a rear extension, conservatory, side extension of bath room built in 2008 and a side storey extension built in 2014 and a porch.
We finally moved into the property in March 2019 and In September 2019 we noticed cracks in the ceiling in the right hand side extension, outside the house and on further investigation there were more cracks showing inside that have got worse over the last 4 months
We contacted the builder who did the 2014 extension and building control, who came out to see us he wanted to stitch the bricks and see what happens. After that we found that the planning permission was for a 2 storey extension including the garage extension (we also found that the foundations were recommended to be to the chapter 4 building near trees and 2.4 mtrs minimum depth), the building control certificate was only for the bedroom and ensuite not the garage so that has no certificate
We obtained the building control logs and it showed there was an original garage raft from 1996 a rebuild due to subsided drain, and that the builder could notget the raft out so questioned if it would take the increased load – he was advised to get a structural report (he told us this took 6 weeks – we have no details of who), however building control signed off the foundations within a week.
We contacted our house insurance, legal and general who had surveys and bore holes done and confirmed that it was bad workmanship and the foundations should have been 2.4mtrs deep and were 500/800 and 500mm on the 3 sets of extension foundations on the right hand side of the house and there’s hawthorn roots from the trees In the quarry nature reserve next to us that go down 2mtrs (the insurance have declined to deal with it as they are saying bad workmanship, we have years of continuous cover)
On further investigation we discovered that in the conveyancing documents the people we brought off said there was a garage and extension in their legal documents TA6, then only supplied the building control certificate for the bedroom and ensuite, then when asked about the garage extension, they said it was there when they moved in in 2006. On google earth from 2009 and 2012 and the online estate agent brochure from when they brought it, it clearly shows it is not the same garage.
Building control logs confirm this and so do the neighbours and photographic evidence. The vendor also stated they were unaware of any planning breaches.
There are cracks everywhere now even in the main house, you can clearly see where there has been previous filler from subsidence cracks around the windows, along the ceiling etc and outside, the extension is pulling from the main house. The insurance company surveyor said if the problem isn’t fixed in 6 months this is what happens and said he could clearly see the filler etc was pre purchase..
Also we found when looking into this further, that in the estate agents brochure from before we viewed the house, there is a subsidence crack on the right hand side garage pillar. We have a picture taken before we completed showing fresh pointing up which our mortgage surveyor missed and we only noticed this when we discovered the cracks last September and stated investigating.
Also the vendor had things stacked down the side of the house when we viewed and in the estate agents photos – we now know this covers previous bore holes and a lintel and the old garage raft. The estate agents had a 4K video done of the house to sell it and you can see and they commented, it was like a show house when we brought it it was beautiful
We have found wood and metal paint in the shed which is for the ensuite and you can clearly see where they have filled cracks the filler is falling off the walls and the wallpaper has come away.There is foam filler in a 25mm dip in the front room in the main house and only the previous owners could have done this as they had the front room extended
The rear extension is also affected and also the conservatory had water run down the walls in September in heavy rain, the neighbours have advised us that the foundations there are only 500mm and they remember our sellers having this problem also – this currently has a temporary drain on it
The seller also stated the porch didn’t need planning and was under 3mtrs – its is 3.2mtrs Her brother lives down the road and he saw me the other month and asked if we had had building work done or any structural work to the house.
We were lead to believe that the new house they were buying that is next to their daughter in Cheadle was in their names, land registry says the house is in her daughters name and we know they have had 2 large extensions built on both houses and both houses are in her daughters name Surely this is fraud, we had legal cover through coplus and they have just declined the claim due to our sellers not having chargable assets but we are pretty sure that they have been spending and getting rid of our money and 100% knew about the problems with the house and lied to us to buy it
Please do you know how can this be right?? how can someone take someones money fraudulently and get rid of it like this? this is everything we have worked for we are absolutely devastated and do not know here to turn next
Thank you for your post. We can’t give any specific advice on this blog. We can give some general guidance but it is not a substitute for instructing a solicitor to look into the position in detail.
We are sorry to hear about this. It must be an extremely stressful situation. You have identified a few points which would need further investigation. Firstly, the scope of the survey and whether or not the surveyor complied with their contractual and common law duty of care is worthwhile considering. Surveyors will have insurance in place in the event that they breach their statutory or common law duty of care to a client. However, it does seem that the survey was undertaken for the benefit of the lender and probably contains a statement to the effect that it should not be relied on by anyone else, which might cause problems. Normally a purchaser would be well advised to undertake a full structural survey for themselves, particularly if the searches reveal a risk of subsidence.
As for a misrepresentation claim, from what you have described it does seem that there could be a deliberate concealment of facts relating to historical movement in the property, specifically what seems to be a newly constructed garage, due to subsidence, possibly caused by the hawthorn roots but possibly by structural defects or a combination of both. The basic position is that it is “buyer beware”. If questions were not specifically asked of the seller, then no responses would have been given which would constitute misrepresentation. The suggestion that the garage was there, which is why there was not a building control certificate, may be your best prospect of bringing a claim.
It would not be unusual for your legal expenses insurer to decline or withdraw cover in respect of this claim. Whilst this must be frustrating, there would normally be a clause in the insurance policy that says when there is less than a 50% prospect of recovering damages, for example, if the other side does not have sufficient assets to pay, they are entitled to withdraw cover. Whilst you believe that the properties are in effect owned by your sellers but in someone else’s name is not conclusive of the point. The Court always approaches matters objectively and there could be a legitimate reason for this.
If the sellers have no assets in their name because they have transferred them to someone else, then there may be a way to challenge these transfers. However, this would be risky and costly and would probably involve pursuing a claim, obtaining a judgment which is greater than £5,000 and then petitioning for their bankruptcy. Depending on the time that these transfers took place and the nature of them, they may be capable of being challenged by a trustee in bankruptcy. However, such a challenge would be for the benefit of all the creditors. If a bankrupt has a lot of creditors, then their assets are pro-rated according to the value of the debt, with secured creditors being paid first and unsecured creditors last, if there is anything left.
We may be able to assist you but it would be remiss of us to suggest that it would be a straightforward, quick or low risk claim to pursue. However, please do feel free to contact us.
Hi thank you for your reply, i have only found out you replied this morning I didn’t think the post had posted back then.. can I ask please so if it’s established and is clear fraud (we have since scrutinised the Conveyancing file and there are numerous fraudulent and reckless things in it), if their daughter brought the house they are living in cash, just before our sale, we’ve checked and it’s still in her name but they have spent the proceeds from our sale on extending and renovating that house and are living in it… on judgement can that house become a beneficial asset and become the asset under proceeds of crime and have a charge put on it ? the insurers are ignoring the fact they have had £305,000 cash and have not brought a house, they will not say it’s over 51% chance of recovering the money back but surely it is and the law will not allow this ?
Thank you for your comment Amanda. This isn’t really the forum for us to provide detailed legal advice. We can only really provide general pointers, as every case is different, and these should not be a substitute for specific legal advice.
It is not illegal for someone to purchase property for someone else, although we do not specialise in criminal law. It is also not illegal to spend money on someone else’s property, although this may sometimes entitle the person spending the money to acquire an interest in the property which is of value. As for an “established fraud”, there is legal definition of this. The concept of fraud relates primarily to the intention of the parties. Whether or not the act in question was fraudulent depends on what the intention was in taking those steps and this can be hard to prove. It sounds as though what could have happened, but without exploring the position in considerable more detail it is impossible to say, is a transaction to defraud creditors. This is when someone deliberately takes steps to put their assets out of the reach of a creditor. The ability to challenge such a transaction would generally accrue to a trustee in bankruptcy, but for this, someone would need to be adjudged bankrupt. In your matter, this would mean obtaining a judgment which is over £5,000 and then petitioning for their bankruptcy.
It is generally a term of an insurance policy that there must be both a reasonable prospect of success and a reasonable prospect of recovery. Insurers will not cover events which do not provide this. We cannot really provide any input on the terms of your insurance policy without considering this in detail.
We have just moved into a new home. The house was a tip when we arrived. It took 4 of us a day to just empty the shed of rubbish. We’ve done about 8 trips to the tip so far. I used up 3 days annual leave just to clear the place. It was very upsetting. On the fixtures form the seller stated that various items were included/existed. She has taken everything, the light fittings, the tv aerial, the burglar alarm (although that might not even existed but we were excited to see the answer was yes on the form). We asked our solicitor to include a list of these items in the contract. Do we have a claim for breach of contract or misrepresentation or both?!
Thank you for your query and we are sorry to hear about this. Moving into a new home only to be greeted by a property which is left in a terrible state would be upsetting.
If items are included in a sale but not left, then there may very well be a claim for breach of contract. Saying that items exist but not including them in the sale would probably not amount to a misrepresentation or breach of contract unless they could be considered fixtures and integral to the building itself.
As for the state that the property was left in, question 14 of the Property Information Form asks the seller to confirm whether or not they would remove rubbish from the property and leave it a clean and tidy condition. If they have not done this then there may be a claim for misrepresentation.
The value of your claim sounds as though it could be below £10,000. This broadly means that even if a claim was issued, you would not be able to recover your legal costs. As we undertake a large number of transactions for our clients, we do assist them when this sort of thing occurs and we can normally agree a fixed fee for advising and assisting with any initial letter before action.
Do feel free to get in touch with us if you would like us to assist you.
I recently bought an auction property last month. The buyers pack says house is being sold vacant. However i asked asked my solicitor to confirm house is vacant before closing, she said it was confirmed that house is vacant. After conmpletion, i went to get keys from agent. When i got to the house only to find the keys cant open front door. Then proceeded to the back door found the lock broken as i entered the kitchen was greeted with a bed . Then found out there are several others living in the house. Met one guy who said he was renting from a guy. I ask to have a look at his lease, he has none. Agency i purchase from said they had no idea. Seller did not disclose that info. What should i do at this point. I am so disappointed and stressed out.
You should get in touch with your solicitor immediately to provide you with advice regarding evicting trespassers. It is likely that the police should also be contacted to see what, if anything, they are able to do. In some circumstances “squatting”, this is taking up occupation of a residential property without permission, is a criminal offence.
We cannot be sure of the position, namely whether or not the occupants are there pursuant to an existing or expired agreement with the seller of the property or, for example, if they broke into the property to take up occupation. This is a point which must be established as soon as possible so a decision can be made regarding what needs to happen and the options available. Whether or not an agreement ever was or is in place (such an agreement does not have to be in writing) will affect the rights you have and procedures you need to follow, which could range from changing the locks whilst the trespasser is out or starting court proceedings. All action carries with it risk and we cannot advise you on the options available without investigating the position in full.
We would never recommend to a client attempting to remove squatters themselves. Aside from the obvious risk to personal safety, physically removing anyone from residential property can be a criminal offence. Likewise, if it is not clear whether or not the previous owner’s permission was ever given, taking self-help measures like changing the locks could lead to claims of unlawful eviction. In all matters such as these, the safest option to safeguard against potential claims which can be made against the property owner is to start the appropriate court proceedings.
If the occupiers are there pursuant to an agreement with the seller, then the auction pack might very well contain a false statement of fact, leading to a misrepresentation claim against the seller. However, auctions are very risky for any purchasers and a careful consideration of the pack and the auction terms is required. A “normal” possession claim would be the means by which to evict an occupier who is there pursuant to the existing or expired permission of a property owner. This is normally something this firm can offer on a fixed fee basis.
If the occupiers are not there with the permission of the previous owner, then they are likely to be trespassers. As mentioned, there are certain ways in which trespassers can be dealt with but the safest option is to make a possession claim against trespassers or, subject to the time which has passed since you became aware of the issue, apply to the Court for what is called an Interim Possession Order.
Do feel free to get in touch with us if you would like assistance.
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Hi, we are desperate for some advice and don’t know what to do, any advice would be greatly appreciated please
We viewed a house in September 2018, put in an offer for £10,000 over as we loved the property so much. We only put our house on the market for this one.
The local search report flagged moderate to high risk of subsidence so we had a mortgage valuation survey done in the October which we paid £550 for, we sent our mortgage advisor the local search and asked his advice, he said to see what that said and when it came back it stated no signs of structural movement and it said didn’t warrant further looking at so we relied on that and did not instruct a further survey.
He also said the house was mortgageable and was worth £305,000
The mortgage company lent us £125,000 on this basis for the property which was purchased for £305,000
The house is a 4 bed semi detached, with a rear extension, conservatory, side extension of bath room built in 2008 and a side storey extension built in 2014 and a porch.
We finally moved into the property in March 2019 and In September 2019 we noticed cracks in the ceiling in the right hand side extension, outside the house and on further investigation there were more cracks showing inside that have got worse over the last 4 months
We contacted the builder who did the 2014 extension and building control, who came out to see us he wanted to stitch the bricks and see what happens. After that we found that the planning permission was for a 2 storey extension including the garage extension (we also found that the foundations were recommended to be to the chapter 4 building near trees and 2.4 mtrs minimum depth), the building control certificate was only for the bedroom and ensuite not the garage so that has no certificate
We obtained the building control logs and it showed there was an original garage raft from 1996 a rebuild due to subsided drain, and that the builder could notget the raft out so questioned if it would take the increased load – he was advised to get a structural report (he told us this took 6 weeks – we have no details of who), however building control signed off the foundations within a week.
We contacted our house insurance, legal and general who had surveys and bore holes done and confirmed that it was bad workmanship and the foundations should have been 2.4mtrs deep and were 500/800 and 500mm on the 3 sets of extension foundations on the right hand side of the house and there’s hawthorn roots from the trees In the quarry nature reserve next to us that go down 2mtrs (the insurance have declined to deal with it as they are saying bad workmanship, we have years of continuous cover)
On further investigation we discovered that in the conveyancing documents the people we brought off said there was a garage and extension in their legal documents TA6, then only supplied the building control certificate for the bedroom and ensuite, then when asked about the garage extension, they said it was there when they moved in in 2006. On google earth from 2009 and 2012 and the online estate agent brochure from when they brought it, it clearly shows it is not the same garage.
Building control logs confirm this and so do the neighbours and photographic evidence. The vendor also stated they were unaware of any planning breaches.
There are cracks everywhere now even in the main house, you can clearly see where there has been previous filler from subsidence cracks around the windows, along the ceiling etc and outside, the extension is pulling from the main house. The insurance company surveyor said if the problem isn’t fixed in 6 months this is what happens and said he could clearly see the filler etc was pre purchase..
Also we found when looking into this further, that in the estate agents brochure from before we viewed the house, there is a subsidence crack on the right hand side garage pillar. We have a picture taken before we completed showing fresh pointing up which our mortgage surveyor missed and we only noticed this when we discovered the cracks last September and stated investigating.
Also the vendor had things stacked down the side of the house when we viewed and in the estate agents photos – we now know this covers previous bore holes and a lintel and the old garage raft. The estate agents had a 4K video done of the house to sell it and you can see and they commented, it was like a show house when we brought it it was beautiful
We have found wood and metal paint in the shed which is for the ensuite and you can clearly see where they have filled cracks the filler is falling off the walls and the wallpaper has come away.There is foam filler in a 25mm dip in the front room in the main house and only the previous owners could have done this as they had the front room extended
The rear extension is also affected and also the conservatory had water run down the walls in September in heavy rain, the neighbours have advised us that the foundations there are only 500mm and they remember our sellers having this problem also – this currently has a temporary drain on it
The seller also stated the porch didn’t need planning and was under 3mtrs – its is 3.2mtrs
Her brother lives down the road and he saw me the other month and asked if we had had building work done or any structural work to the house.
We were lead to believe that the new house they were buying that is next to their daughter in Cheadle was in their names, land registry says the house is in her daughters name and we know they have had 2 large extensions built on both houses and both houses are in her daughters name
Surely this is fraud, we had legal cover through coplus and they have just declined the claim due to our sellers not having chargable assets but we are pretty sure that they have been spending and getting rid of our money and 100% knew about the problems with the house and lied to us to buy it
Please do you know how can this be right?? how can someone take someones money fraudulently and get rid of it like this? this is everything we have worked for we are absolutely devastated and do not know here to turn next
Hi Amanda
Thank you for your post. We can’t give any specific advice on this blog. We can give some general guidance but it is not a substitute for instructing a solicitor to look into the position in detail.
We are sorry to hear about this. It must be an extremely stressful situation. You have identified a few points which would need further investigation. Firstly, the scope of the survey and whether or not the surveyor complied with their contractual and common law duty of care is worthwhile considering. Surveyors will have insurance in place in the event that they breach their statutory or common law duty of care to a client. However, it does seem that the survey was undertaken for the benefit of the lender and probably contains a statement to the effect that it should not be relied on by anyone else, which might cause problems. Normally a purchaser would be well advised to undertake a full structural survey for themselves, particularly if the searches reveal a risk of subsidence.
As for a misrepresentation claim, from what you have described it does seem that there could be a deliberate concealment of facts relating to historical movement in the property, specifically what seems to be a newly constructed garage, due to subsidence, possibly caused by the hawthorn roots but possibly by structural defects or a combination of both. The basic position is that it is “buyer beware”. If questions were not specifically asked of the seller, then no responses would have been given which would constitute misrepresentation. The suggestion that the garage was there, which is why there was not a building control certificate, may be your best prospect of bringing a claim.
It would not be unusual for your legal expenses insurer to decline or withdraw cover in respect of this claim. Whilst this must be frustrating, there would normally be a clause in the insurance policy that says when there is less than a 50% prospect of recovering damages, for example, if the other side does not have sufficient assets to pay, they are entitled to withdraw cover. Whilst you believe that the properties are in effect owned by your sellers but in someone else’s name is not conclusive of the point. The Court always approaches matters objectively and there could be a legitimate reason for this.
If the sellers have no assets in their name because they have transferred them to someone else, then there may be a way to challenge these transfers. However, this would be risky and costly and would probably involve pursuing a claim, obtaining a judgment which is greater than £5,000 and then petitioning for their bankruptcy. Depending on the time that these transfers took place and the nature of them, they may be capable of being challenged by a trustee in bankruptcy. However, such a challenge would be for the benefit of all the creditors. If a bankrupt has a lot of creditors, then their assets are pro-rated according to the value of the debt, with secured creditors being paid first and unsecured creditors last, if there is anything left.
We may be able to assist you but it would be remiss of us to suggest that it would be a straightforward, quick or low risk claim to pursue. However, please do feel free to contact us.
Hi thank you for your reply, i have only found out you replied this morning I didn’t think the post had posted back then.. can I ask please so if it’s established and is clear fraud (we have since scrutinised the Conveyancing file and there are numerous fraudulent and reckless things in it), if their daughter brought the house they are living in cash, just before our sale, we’ve checked and it’s still in her name but they have spent the proceeds from our sale on extending and renovating that house and are living in it… on judgement can that house become a beneficial asset and become the asset under proceeds of crime and have a charge put on it ? the insurers are ignoring the fact they have had £305,000 cash and have not brought a house, they will not say it’s over 51% chance of recovering the money back but surely it is and the law will not allow this ?
Thank you for your comment Amanda. This isn’t really the forum for us to provide detailed legal advice. We can only really provide general pointers, as every case is different, and these should not be a substitute for specific legal advice.
It is not illegal for someone to purchase property for someone else, although we do not specialise in criminal law. It is also not illegal to spend money on someone else’s property, although this may sometimes entitle the person spending the money to acquire an interest in the property which is of value. As for an “established fraud”, there is legal definition of this. The concept of fraud relates primarily to the intention of the parties. Whether or not the act in question was fraudulent depends on what the intention was in taking those steps and this can be hard to prove. It sounds as though what could have happened, but without exploring the position in considerable more detail it is impossible to say, is a transaction to defraud creditors. This is when someone deliberately takes steps to put their assets out of the reach of a creditor. The ability to challenge such a transaction would generally accrue to a trustee in bankruptcy, but for this, someone would need to be adjudged bankrupt. In your matter, this would mean obtaining a judgment which is over £5,000 and then petitioning for their bankruptcy.
It is generally a term of an insurance policy that there must be both a reasonable prospect of success and a reasonable prospect of recovery. Insurers will not cover events which do not provide this. We cannot really provide any input on the terms of your insurance policy without considering this in detail.
We have just moved into a new home. The house was a tip when we arrived. It took 4 of us a day to just empty the shed of rubbish. We’ve done about 8 trips to the tip so far. I used up 3 days annual leave just to clear the place. It was very upsetting. On the fixtures form the seller stated that various items were included/existed. She has taken everything, the light fittings, the tv aerial, the burglar alarm (although that might not even existed but we were excited to see the answer was yes on the form). We asked our solicitor to include a list of these items in the contract. Do we have a claim for breach of contract or misrepresentation or both?!
Thank you for your query and we are sorry to hear about this. Moving into a new home only to be greeted by a property which is left in a terrible state would be upsetting.
If items are included in a sale but not left, then there may very well be a claim for breach of contract. Saying that items exist but not including them in the sale would probably not amount to a misrepresentation or breach of contract unless they could be considered fixtures and integral to the building itself.
As for the state that the property was left in, question 14 of the Property Information Form asks the seller to confirm whether or not they would remove rubbish from the property and leave it a clean and tidy condition. If they have not done this then there may be a claim for misrepresentation.
The value of your claim sounds as though it could be below £10,000. This broadly means that even if a claim was issued, you would not be able to recover your legal costs. As we undertake a large number of transactions for our clients, we do assist them when this sort of thing occurs and we can normally agree a fixed fee for advising and assisting with any initial letter before action.
Do feel free to get in touch with us if you would like us to assist you.
I recently bought an auction property last month. The buyers pack says house is being sold vacant. However i asked asked my solicitor to confirm house is vacant before closing, she said it was confirmed that house is vacant. After conmpletion, i went to get keys from agent. When i got to the house only to find the keys cant open front door. Then proceeded to the back door found the lock broken as i entered the kitchen was greeted with a bed . Then found out there are several others living in the house. Met one guy who said he was renting from a guy. I ask to have a look at his lease, he has none. Agency i purchase from said they had no idea. Seller did not disclose that info. What should i do at this point. I am so disappointed and stressed out.
You should get in touch with your solicitor immediately to provide you with advice regarding evicting trespassers. It is likely that the police should also be contacted to see what, if anything, they are able to do. In some circumstances “squatting”, this is taking up occupation of a residential property without permission, is a criminal offence.
We cannot be sure of the position, namely whether or not the occupants are there pursuant to an existing or expired agreement with the seller of the property or, for example, if they broke into the property to take up occupation. This is a point which must be established as soon as possible so a decision can be made regarding what needs to happen and the options available. Whether or not an agreement ever was or is in place (such an agreement does not have to be in writing) will affect the rights you have and procedures you need to follow, which could range from changing the locks whilst the trespasser is out or starting court proceedings. All action carries with it risk and we cannot advise you on the options available without investigating the position in full.
We would never recommend to a client attempting to remove squatters themselves. Aside from the obvious risk to personal safety, physically removing anyone from residential property can be a criminal offence. Likewise, if it is not clear whether or not the previous owner’s permission was ever given, taking self-help measures like changing the locks could lead to claims of unlawful eviction. In all matters such as these, the safest option to safeguard against potential claims which can be made against the property owner is to start the appropriate court proceedings.
If the occupiers are there pursuant to an agreement with the seller, then the auction pack might very well contain a false statement of fact, leading to a misrepresentation claim against the seller. However, auctions are very risky for any purchasers and a careful consideration of the pack and the auction terms is required. A “normal” possession claim would be the means by which to evict an occupier who is there pursuant to the existing or expired permission of a property owner. This is normally something this firm can offer on a fixed fee basis.
If the occupiers are not there with the permission of the previous owner, then they are likely to be trespassers. As mentioned, there are certain ways in which trespassers can be dealt with but the safest option is to make a possession claim against trespassers or, subject to the time which has passed since you became aware of the issue, apply to the Court for what is called an Interim Possession Order.
Do feel free to get in touch with us if you would like assistance.