416 thoughts on “My Seller Lied To Me! When Is It Property Misrepresentation?”
Hi, I purchased a house 6 weeks ago that had a “loft conversion.” There was no need for building regulations as the seller informed my solicitors that the works was done over 10 years ago. This was also stated on the TR6 form along with “no changes to the roof structure.” After investigation, there has been changes to the roof structure and after speaking to neighbours (that moved in their house in 2016) they completed the works less than 10 years ago. There was an indemnity policy taken out, but surely a policy is void if they lied. I kept asking for relevant information etc and took months to get a response and by this time we was receiving pressure from the below chain. The electrical certificate also states that there are no issues etc, yet after inspection, there is no earth wires in the lighting. The survey didn’t state that there was any roof structural changes but did state that the room shouldn’t be used until it met building regs. I feel terrible with actually going through with the purchase but there was many reasons why I needed to sell my old house and feel a few things were overlooked on my part, to make this happen. I’m just wondering where I stand with the lies on the forms and the electrical certificate? I have already had to purchase a new roof covering in the time we have been here, due to bad workmanship. Look forward to hearing your response
Thank you for your comment and apologies for the delay in responding.
While we are unable to comment on specific issues without sight of the relevant documentation, there may be a situation here which could give rise to a claim. The key elements of a misrepresentation claim are that you must show that the seller made a false statement, which you relied upon, and were entitled to reply upon, and that as a result of which you suffered a loss and damage.
While it appears that this may be the case here based solely on what you have said, your comment suggests that you knew of all these issues and went through with the sale anyhow. This may hamper your claim potentially if so, as the seller may argue that you knew of these things but went ahead and exchanged regardless therefore you were not, in fact, misled as you did not necessarily rely upon the false statements.
This may be something we can assist you with. Please feel free to contact us for a confidential discussion.
Hello, I completed on a property last week and I had been told via the listing and TA6 form that there was allocated secure underground parking space. On moving into the flat, I was told by concierge that I need to provide evidence of my parking bay and realised i was unable to find this in the lease or other property documents What course of action can I take in the event that the seller had no legal right to a parking bay and misinformed me about this?
Thank you for your comment and apologies for the delay in responding.
Whether or not there is anything here will depend on what exactly the seller stated to you in the run up to the formation of the contract. You have said that the seller said that there was an allocated parking space, and from the sound of it this might be a significant detriment to you if in fact this was a false statement and as it was in the form TA6 you would prima facie be entitled to rely upon this.
This is something we would be able to assist you with. Please feel free to contact us for a confidential discussion.
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Hi, I purchased a house 6 weeks ago that had a “loft conversion.” There was no need for building regulations as the seller informed my solicitors that the works was done over 10 years ago. This was also stated on the TR6 form along with “no changes to the roof structure.” After investigation, there has been changes to the roof structure and after speaking to neighbours (that moved in their house in 2016) they completed the works less than 10 years ago. There was an indemnity policy taken out, but surely a policy is void if they lied. I kept asking for relevant information etc and took months to get a response and by this time we was receiving pressure from the below chain.
The electrical certificate also states that there are no issues etc, yet after inspection, there is no earth wires in the lighting.
The survey didn’t state that there was any roof structural changes but did state that the room shouldn’t be used until it met building regs. I feel terrible with actually going through with the purchase but there was many reasons why I needed to sell my old house and feel a few things were overlooked on my part, to make this happen.
I’m just wondering where I stand with the lies on the forms and the electrical certificate? I have already had to purchase a new roof covering in the time we have been here, due to bad workmanship.
Look forward to hearing your response
Thank you for your comment and apologies for the delay in responding.
While we are unable to comment on specific issues without sight of the relevant documentation, there may be a situation here which could give rise to a claim. The key elements of a misrepresentation claim are that you must show that the seller made a false statement, which you relied upon, and were entitled to reply upon, and that as a result of which you suffered a loss and damage.
While it appears that this may be the case here based solely on what you have said, your comment suggests that you knew of all these issues and went through with the sale anyhow. This may hamper your claim potentially if so, as the seller may argue that you knew of these things but went ahead and exchanged regardless therefore you were not, in fact, misled as you did not necessarily rely upon the false statements.
This may be something we can assist you with. Please feel free to contact us for a confidential discussion.
Hello, I completed on a property last week and I had been told via the listing and TA6 form that there was allocated secure underground parking space. On moving into the flat, I was told by concierge that I need to provide evidence of my parking bay and realised i was unable to find this in the lease or other property documents
What course of action can I take in the event that the seller had no legal right to a parking bay and misinformed me about this?
Thank you for your comment and apologies for the delay in responding.
Whether or not there is anything here will depend on what exactly the seller stated to you in the run up to the formation of the contract. You have said that the seller said that there was an allocated parking space, and from the sound of it this might be a significant detriment to you if in fact this was a false statement and as it was in the form TA6 you would prima facie be entitled to rely upon this.
This is something we would be able to assist you with. Please feel free to contact us for a confidential discussion.