Seller Misrepresentation
Sellers of residential property must complete a Property Information Form (TA6) and (for leasehold) a Leasehold Information Form (TA7). These ask detailed questions about disputes with neighbours, planning matters, building works, Japanese knotweed, flooding, and alterations. A false or misleading answer — whether deliberate or negligent — may give the buyer a claim under the Misrepresentation Act 1967.
Seller knowingly provides false information. Remedies include rescission of the contract (unwinding the sale) and damages for all loss including consequential loss. No time limit applies for fraud.
Seller makes a false statement without reasonable grounds for believing it true. Under s.2(1) Misrepresentation Act 1967, the seller is liable as if they had been fraudulent — full damages recoverable.
Seller had reasonable grounds for believing the statement was true. Remedy is rescission and/or damages in lieu at the court's discretion under s.2(2) Misrepresentation Act 1967.
Many contracts include "non-reliance" clauses. These are subject to the Unfair Contract Terms Act 1977 and CRA 2015 reasonableness test — courts have held such clauses ineffective in residential property transactions where specific replies to pre-contract enquiries were false.
Common Property Purchase Disputes
Conveyancer & Solicitor Negligence
A conveyancing solicitor owes their client a duty of care. Common failures include:
- Failing to report on and explain restrictive covenants that limit the use or development of the property
- Missing planning enforcement notices, section 106 agreements, or highways matters in searches
- Failing to advise on flying freehold or defective title issues
- Negligent advice on leasehold transactions — missing short lease term, high service charges, or onerous ground rent clauses
- Failing to register the transfer at the Land Registry promptly, leaving the buyer's title unprotected
- Errors in completion accounts leading to financial loss
A professional negligence claim against a conveyancer requires proof that: they owed a duty of care; they breached that duty (fell below the standard of a reasonably competent conveyancer); and the breach caused your loss. All solicitors are insured — recovery is usually available even if the firm no longer exists.
Frequently Asked Questions
The seller lied on the property information form. What can I claim?
If the seller gave a false answer to a question on the TA6 (or TA7 for leasehold), and you relied on that answer in deciding to buy, you may have a claim under the Misrepresentation Act 1967. You can claim damages to put you in the position you would have been in had the misrepresentation not been made — which can include the cost of remedying the defect, loss in value, and consequential costs. In serious cases, you can also seek rescission (unwinding the purchase), though this is harder once you have moved in.
My surveyor missed serious structural problems. Can I claim against them?
Yes, if the defect was reasonably discoverable on the type of inspection the surveyor was instructed to carry out (homebuyer's report, full structural survey, or valuation). The scope of the report matters — a basic valuation may not cover all defects that a full structural survey would find. If the surveyor's report falls below the standard of a reasonably competent surveyor and you suffered loss as a result, a professional negligence claim can recover the cost of repairs and any resulting consequential loss.
I discovered Japanese knotweed after buying. What are my options?
Japanese knotweed that was present at the time of sale and not disclosed by the seller (despite being asked on the TA6) is a classic misrepresentation scenario. You can also bring a private nuisance claim against a neighbour from whose property the knotweed encroaches — the Supreme Court confirmed in Network Rail Infrastructure Ltd v Williams [2018] that allowing knotweed to spread is actionable nuisance. Damages typically cover the cost of a specialist management plan and any reduction in property value.
My conveyancer failed to mention a restrictive covenant. What can I do?
A conveyancer has a duty to report on all restrictive covenants revealed in the searches and title and to explain their effect — particularly if you had disclosed plans to extend or develop the property. If they failed to do this and you have suffered loss (cannot develop, property is worth less than expected, or you face enforcement action), you have a professional negligence claim. Contact another solicitor to review the file and advise on the strength of the claim.