416 thoughts on “My Seller Lied To Me! When Is It Property Misrepresentation?”
We bought a barn conversion in 2018 which was advertised with a one bedroom self contained separate detached annex. Which was a conversion over the double garage. It now transpires that there was no planning permission obtained and we have now been served with a planning enforcement. Since the sales particulars advertised this as such, and neither solicitors acting for the seller and ourselves sort to ascertain check such planning. Do we ave a clear case for misreresentation but who is liable
Thank you for your post and I am sorry to read this.
This sounds less like a misrepresentation matter and more like a professional negligence issue. For a misrepresentation to occur, you would needed to have been actively mislead about the issue of planning permission. If the seller said nothing about planning permission, or a lack thereof, then it is unlikely that there is a misrepresentation.
Issues with respect to a lack of planning permission would normally be identified in searches undertaken by solicitors. Whilst solicitors will rely on the results of searches, they are not infallible. The question will be to what extent would this issue have been discoverable and what should have been advised about it. If there is a lack of planning permission, sometimes the issue can be resolved with indemnity insurance. However, this sounds like it is not an option if you have been served with an enforcement notice.
You would probably be better off giving us a call to discuss the issues in more detail. If there is some scope for a claim, we can give you an indication of the sort of cost involved and what would need to be proved. When calling us, please ask for Mark Taylor.
I bought a semi-detached property on 29-Jan-2014. Viewings, searches and exchange of contract was between Nov-Dec 2013. I had some concern about the rear boundary when I viewed the property, as there was no solid fence in place between the two rear gardens BUT there was a couple of wooden fence posts sticking out of overgrown plants. So I asked my solicitor to make sure she pays extra attention to the boundary line and checks if there is any dispute with neighbours. During the purchase process told my solicitor that if there is a dispute with neighbour for anything, especially land and boundary, then I would walk away and look for another property. I arranged to visit the property in the presence of the estate agent to ask the seller about the boundary lines on either side of the property. The seller confirmed to me, in presence of the agent, that there were no dispute of any kind with the neighbour. She also showed me the boundary lines in either side of the property and pointed to the fence posts as the boundary line.
I did not move in to the property after completing the purchase as it was in desperate need of refurbishment. I also wanted to add a rear extension to improve dining-lounge size and lighting. On completion day I got the keys from the agent; went to the property to check that the property was empty. The next day I gave the keys to my project manager to start the refurbishment and rear extension project. The project started on 09-Feb-2014. Sometimes in Mar-2014 my builders told me that there was some new paintwork, a new fence post, and some chicken wire connecting the new fence post to an old one at the back of my property, where I was planning to build the extension. They had taken a picture of it and sent me to check if they could remove the wires and fence post as they needed to demolish the wall for the extension work. I confirmed that they could remove it as I had no knowledge of such work. I later visited the property to see it for myself. It looked very odd. I didn’t really understand why and who has installed the fence post and wires, and painted the wall a different color than the rest of the house. I asked my project manager and he didn’t have a clue either. The neighbouring property had an old extension. So the new paintwork was on the flank wall of the neighbouring extension AND a part of my rear wall (a stripe about 30 inches but only in the ground floor level!). The extension was built inside my property and up to the paintwork as we had planned to leave a gap with the neighbouring extension to access flank walls for repairs if needed in future.
I moved to the house in Jun-2014 when the work had completed. Then my neighbour started to complain that I had built my extension on his land and took me to court. An expert surveyor report for the court concluded that although I had built extension in my own land, there was possibility that the foundation might have been up to the boundary line. So the expert concluded that I had trespassed into the neighbouring land and my neighbour was awarded damages and full cost. It cost nearly £75,000 in damages and fees.
I learned from my neighbour’s witness statement (issued in Apr-2017) for his case against me that he had had been disputing the boundary line at the rear of the property for years and had managed to make the seller to create a boundary line where he wanted it to be, just before completion of sale. So I learned in Apr-2017 the story behind the paintwork, the fence post and chicken that my builders had discovered. According to my neighbour’s statement at the Trial, this had happened just few days before I completed the purchase in Jan-2014. We had exchanged mid-Dec 2013.
I raised the issue with the property ombudsman as my neighbour had been in touch with the estate agent regarding his boundary dispute with the seller. He has stated in his witness statement that after raising the issue via the estate agent the seller created the new boundary line. The estate agent denied any knowledge and involvement despite my neighbour’s witness statement (which was signed by him and verified by his solicitor and used in court against me). So the property ombudsman closed the case saying the estate agent did not have knowledge!!!
I talked to a solicitor about the issue as I had came across couple of high profile court cases with sellers not providing truthful information in property information packs (PIP). After spending some money to trace the seller (they refused to give any forwarding address when they sold me the house), my solicitor managed to start a letter of claim but the seller’s solicitor claimed that there is a clause in the purchase agreement that the buyer is not entitled to raise any misrepresentation claims!!! They referred to the clause and I had to trace all the conveyancing work done by my solicitor at the time to find out what the seller solicitor was referring to. It turned out that there was no such clause in any version of the paperwork! The seller referred to a comment on the PIP in section related to boundary lines, which was saying a fence post on *RIGHT* hand side of the property was moved 6 years ago (that would have been sometime in 2006-2007). Their solicitor claimed that comment about the fence post move should have put the buyer on notice with regard to boundary line! After some checks it turned out that there was no fence movement on RIGHT hand side boundary but there was a fence post on the LEFT hand side which my neighbour claimed at the Trial that the fence post was moved against his will! The PIP clearly defined how RIGHT and LEFT should be defined when filling out the PIP; the form clearly states ‘Looking at the property from the road in front of the property…”. I believe the seller deliberately lied to me when I arranged a viewing to ask about boundary line and if there was any dispute. I also believe they provided false information in the PIP to put me in a difficult situation. After almost 1.5 years of back and forth letters my solicitor now agrees with me that I might have a fraudulent misrepresentation but he is not an expert in property law and PIPs. So I want to know what your verdict is and if I have a case, whether you can point me to an exert to issue a letter of claim. I don’t want to ruin anybody’s life the way my neighbour ruined mine but I want the seller to know the consequences of his unlawful actions. I am prepared to settle out of court via ADR but they don’t seem to even accept what they have done to me.
sorry for long description. I thought i give as much information as possible, so that you can advise better for the next step.
Obviously the question about disputes with neighbours is asked in property information forms to avoid this sort of thing from happening and we are sorry that it has happened to you.
We are sorry to say that we think it is unlikely that you would be able to pursue a misrepresentation claim. The reason for this is that it seems to be more than six years ago that the misrepresentation took place. The Limitation Act 1980 would probably operate to prevent a claim being pursued. Fraud is the exception to this but it is a very high burden of proof to show.
Whilst we would be happy to go through the paperwork and give you an idea of the possible claims you could pursue, it sounds as though this may be quite a time consuming job after six years of litigation and argument. Because of the time that has gone by and the fact that you may be out of time to bring a claim, you might not want to incur the legal charges in further investigating. However, if you would like us to give you an idea of the sort of cost involved and discuss any preliminary points, please do feel free to get in touch.
My daughter & son in law bought a detached house with a 2 storey side extension, joining it to a detached garage 4 years ago. I think extension was completed approx 12 – 18 yrs ago. Due to a misunderstanding no survey was done. I did not see the property till after purchase & noticed that I could physically feel the rise under my feet where the extension met the original, hairline cracks or protruding plaster (as though wall ties or render had been added then covered) at certain places where joints met extension. A vertical crack (settlement possibly?) In corner of extension. I think the extension is built over the drains. Although I am no expert (although having read so much info since I do feel I am much better informed now) i wished I had viewed before purchase as I would have asked a lot more questions & insisted they had a survey. I didn’t want to alarm them as naive 1st time buyers (but i bet they didn’t ask probing questions or request information). Apart from me no one else seemed to think any of these things were important, plus some relative who said he was a builder said it all looked ok so I put it to the back of my mind. A neighbour said the house had had a thorough redecoration by ‘experts’? Before selling & that they thought the extension had been done by the sellers brother who she later fell out with. I just thought that perhaps it was a DIY extension and not perfect but all would be ok. After all everything had to be signed off, it wasn’t going to fall down was it?! Unfortunately they are now divorcing & she is very depressed & struggling for money. She wanted to keep the house& is having to buy him out based on house having increased in value. We have been helping her to renovate & redecorate. It may be my imagination but I think the corner crack mentioned before may have widened to approx 4mm & looks as though it follows as a hairline crack to ground level. I’m not sure if it has been filled or not by previous owner. My husband insists all of this is fine & I am hugely over reacting. I admit I am panicked but dont want to cause alarm or stress & I am imagining worst case scenario of subsidence, jerry builder, being unable to sell or afford mortgage, house being worthless, no buildings insurance & an expensive & hopeless legal case causing extreme depression & hardship. I feel I cannot get anyone round to investigate or diagnose so am surrupticiously trying to get as much advice as possible myself. The seller of house left no forwarding address & I don’t know her name. How can I trace her, how could we prove she covered up issues, would a legal case be worth it, how can I check all building plans/regs were correct, how can I see plans with drains etc, find out who builder was & if any guarantee, how to get a copy of ta6 & ta10 forms, check solicitor advised fully? If I get surveys would insurance have to be informed? If she sold what on Earth would she put on TA6, she is distracted & oblivious to a lot of this? Could she rent the house out or have a lodger during all this? Could she get any financial help from her husband as currently he is still on the mortgage? I am confused what difference is between chartered/building/structural surveyors or engineers/RICS etc. There also seems to be a lot of home owners complaining these people miss things & caveiats mean they are not accountable. Where do I start?
Because of the amount of time that has gone by, the prospect of brining any sort of claim seems unlikely. The Limitation Act 1980 imposes deadlines on potential claims to ensure that people are not at risk of a claim forever. The basic limitation period is 6 years for claim based on a contract, like misrepresentation. For cases of fraud, the limitation period is significantly extended but proving fraud is very difficult. After such a long period of time, it is unlikely that you will be able to obtain evidence about what happened and the seller’s state of mind, even if they can be traced.
The other aspects of what you mention, namely the breakdown of the relationship and sale of the property, relate to family law. We have a Family Law Department who may be able to assist your daughter if you would like to get in touch.
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We bought a barn conversion in 2018 which was advertised with a one bedroom self contained separate detached annex. Which was a conversion over the double garage. It now transpires that there was no planning permission obtained and we have now been served with a planning enforcement. Since the sales particulars advertised this as such, and neither solicitors acting for the seller and ourselves sort to ascertain check such planning. Do we ave a clear case for misreresentation but who is liable
Hi Christopher
Thank you for your post and I am sorry to read this.
This sounds less like a misrepresentation matter and more like a professional negligence issue. For a misrepresentation to occur, you would needed to have been actively mislead about the issue of planning permission. If the seller said nothing about planning permission, or a lack thereof, then it is unlikely that there is a misrepresentation.
Issues with respect to a lack of planning permission would normally be identified in searches undertaken by solicitors. Whilst solicitors will rely on the results of searches, they are not infallible. The question will be to what extent would this issue have been discoverable and what should have been advised about it. If there is a lack of planning permission, sometimes the issue can be resolved with indemnity insurance. However, this sounds like it is not an option if you have been served with an enforcement notice.
You would probably be better off giving us a call to discuss the issues in more detail. If there is some scope for a claim, we can give you an indication of the sort of cost involved and what would need to be proved. When calling us, please ask for Mark Taylor.
I bought a semi-detached property on 29-Jan-2014. Viewings, searches and exchange of contract was between Nov-Dec 2013. I had some concern about the rear boundary when I viewed the property, as there was no solid fence in place between the two rear gardens BUT there was a couple of wooden fence posts sticking out of overgrown plants. So I asked my solicitor to make sure she pays extra attention to the boundary line and checks if there is any dispute with neighbours. During the purchase process told my solicitor that if there is a dispute with neighbour for anything, especially land and boundary, then I would walk away and look for another property. I arranged to visit the property in the presence of the estate agent to ask the seller about the boundary lines on either side of the property. The seller confirmed to me, in presence of the agent, that there were no dispute of any kind with the neighbour. She also showed me the boundary lines in either side of the property and pointed to the fence posts as the boundary line.
I did not move in to the property after completing the purchase as it was in desperate need of refurbishment. I also wanted to add a rear extension to improve dining-lounge size and lighting. On completion day I got the keys from the agent; went to the property to check that the property was empty. The next day I gave the keys to my project manager to start the refurbishment and rear extension project. The project started on 09-Feb-2014. Sometimes in Mar-2014 my builders told me that there was some new paintwork, a new fence post, and some chicken wire connecting the new fence post to an old one at the back of my property, where I was planning to build the extension. They had taken a picture of it and sent me to check if they could remove the wires and fence post as they needed to demolish the wall for the extension work. I confirmed that they could remove it as I had no knowledge of such work. I later visited the property to see it for myself. It looked very odd. I didn’t really understand why and who has installed the fence post and wires, and painted the wall a different color than the rest of the house. I asked my project manager and he didn’t have a clue either. The neighbouring property had an old extension. So the new paintwork was on the flank wall of the neighbouring extension AND a part of my rear wall (a stripe about 30 inches but only in the ground floor level!). The extension was built inside my property and up to the paintwork as we had planned to leave a gap with the neighbouring extension to access flank walls for repairs if needed in future.
I moved to the house in Jun-2014 when the work had completed. Then my neighbour started to complain that I had built my extension on his land and took me to court. An expert surveyor report for the court concluded that although I had built extension in my own land, there was possibility that the foundation might have been up to the boundary line. So the expert concluded that I had trespassed into the neighbouring land and my neighbour was awarded damages and full cost. It cost nearly £75,000 in damages and fees.
I learned from my neighbour’s witness statement (issued in Apr-2017) for his case against me that he had had been disputing the boundary line at the rear of the property for years and had managed to make the seller to create a boundary line where he wanted it to be, just before completion of sale. So I learned in Apr-2017 the story behind the paintwork, the fence post and chicken that my builders had discovered. According to my neighbour’s statement at the Trial, this had happened just few days before I completed the purchase in Jan-2014. We had exchanged mid-Dec 2013.
I raised the issue with the property ombudsman as my neighbour had been in touch with the estate agent regarding his boundary dispute with the seller. He has stated in his witness statement that after raising the issue via the estate agent the seller created the new boundary line. The estate agent denied any knowledge and involvement despite my neighbour’s witness statement (which was signed by him and verified by his solicitor and used in court against me). So the property ombudsman closed the case saying the estate agent did not have knowledge!!!
I talked to a solicitor about the issue as I had came across couple of high profile court cases with sellers not providing truthful information in property information packs (PIP). After spending some money to trace the seller (they refused to give any forwarding address when they sold me the house), my solicitor managed to start a letter of claim but the seller’s solicitor claimed that there is a clause in the purchase agreement that the buyer is not entitled to raise any misrepresentation claims!!! They referred to the clause and I had to trace all the conveyancing work done by my solicitor at the time to find out what the seller solicitor was referring to. It turned out that there was no such clause in any version of the paperwork! The seller referred to a comment on the PIP in section related to boundary lines, which was saying a fence post on *RIGHT* hand side of the property was moved 6 years ago (that would have been sometime in 2006-2007). Their solicitor claimed that comment about the fence post move should have put the buyer on notice with regard to boundary line! After some checks it turned out that there was no fence movement on RIGHT hand side boundary but there was a fence post on the LEFT hand side which my neighbour claimed at the Trial that the fence post was moved against his will! The PIP clearly defined how RIGHT and LEFT should be defined when filling out the PIP; the form clearly states ‘Looking at the property from the road in front of the property…”. I believe the seller deliberately lied to me when I arranged a viewing to ask about boundary line and if there was any dispute. I also believe they provided false information in the PIP to put me in a difficult situation. After almost 1.5 years of back and forth letters my solicitor now agrees with me that I might have a fraudulent misrepresentation but he is not an expert in property law and PIPs. So I want to know what your verdict is and if I have a case, whether you can point me to an exert to issue a letter of claim. I don’t want to ruin anybody’s life the way my neighbour ruined mine but I want the seller to know the consequences of his unlawful actions. I am prepared to settle out of court via ADR but they don’t seem to even accept what they have done to me.
sorry for long description. I thought i give as much information as possible, so that you can advise better for the next step.
Hi MM
Thank you for your post.
Obviously the question about disputes with neighbours is asked in property information forms to avoid this sort of thing from happening and we are sorry that it has happened to you.
We are sorry to say that we think it is unlikely that you would be able to pursue a misrepresentation claim. The reason for this is that it seems to be more than six years ago that the misrepresentation took place. The Limitation Act 1980 would probably operate to prevent a claim being pursued. Fraud is the exception to this but it is a very high burden of proof to show.
Whilst we would be happy to go through the paperwork and give you an idea of the possible claims you could pursue, it sounds as though this may be quite a time consuming job after six years of litigation and argument. Because of the time that has gone by and the fact that you may be out of time to bring a claim, you might not want to incur the legal charges in further investigating. However, if you would like us to give you an idea of the sort of cost involved and discuss any preliminary points, please do feel free to get in touch.
My daughter & son in law bought a detached house with a 2 storey side extension, joining it to a detached garage 4 years ago. I think extension was completed approx 12 – 18 yrs ago. Due to a misunderstanding no survey was done. I did not see the property till after purchase & noticed that I could physically feel the rise under my feet where the extension met the original, hairline cracks or protruding plaster (as though wall ties or render had been added then covered) at certain places where joints met extension. A vertical crack (settlement possibly?) In corner of extension. I think the extension is built over the drains. Although I am no expert (although having read so much info since I do feel I am much better informed now) i wished I had viewed before purchase as I would have asked a lot more questions & insisted they had a survey. I didn’t want to alarm them as naive 1st time buyers (but i bet they didn’t ask probing questions or request information). Apart from me no one else seemed to think any of these things were important, plus some relative who said he was a builder said it all looked ok so I put it to the back of my mind. A neighbour said the house had had a thorough redecoration by ‘experts’? Before selling & that they thought the extension had been done by the sellers brother who she later fell out with. I just thought that perhaps it was a DIY extension and not perfect but all would be ok. After all everything had to be signed off, it wasn’t going to fall down was it?! Unfortunately they are now divorcing & she is very depressed & struggling for money. She wanted to keep the house& is having to buy him out based on house having increased in value. We have been helping her to renovate & redecorate. It may be my imagination but I think the corner crack mentioned before may have widened to approx 4mm & looks as though it follows as a hairline crack to ground level. I’m not sure if it has been filled or not by previous owner. My husband insists all of this is fine & I am hugely over reacting. I admit I am panicked but dont want to cause alarm or stress & I am imagining worst case scenario of subsidence, jerry builder, being unable to sell or afford mortgage, house being worthless, no buildings insurance & an expensive & hopeless legal case causing extreme depression & hardship. I feel I cannot get anyone round to investigate or diagnose so am surrupticiously trying to get as much advice as possible myself. The seller of house left no forwarding address & I don’t know her name. How can I trace her, how could we prove she covered up issues, would a legal case be worth it, how can I check all building plans/regs were correct, how can I see plans with drains etc, find out who builder was & if any guarantee, how to get a copy of ta6 & ta10 forms, check solicitor advised fully? If I get surveys would insurance have to be informed? If she sold what on Earth would she put on TA6, she is distracted & oblivious to a lot of this? Could she rent the house out or have a lodger during all this? Could she get any financial help from her husband as currently he is still on the mortgage? I am confused what difference is between chartered/building/structural surveyors or engineers/RICS etc. There also seems to be a lot of home owners complaining these people miss things & caveiats mean they are not accountable. Where do I start?
Thank you for your post.
Because of the amount of time that has gone by, the prospect of brining any sort of claim seems unlikely. The Limitation Act 1980 imposes deadlines on potential claims to ensure that people are not at risk of a claim forever. The basic limitation period is 6 years for claim based on a contract, like misrepresentation. For cases of fraud, the limitation period is significantly extended but proving fraud is very difficult. After such a long period of time, it is unlikely that you will be able to obtain evidence about what happened and the seller’s state of mind, even if they can be traced.
The other aspects of what you mention, namely the breakdown of the relationship and sale of the property, relate to family law. We have a Family Law Department who may be able to assist your daughter if you would like to get in touch.