Housing & Property Law

Property Purchase Dispute Solicitors — Misrepresentation, Defects & Conveyancing Claims

Discovered defects after completion, seller misrepresentation on property information forms, conveyancer negligence, or disputes over the terms of exchange — property purchase disputes can be complex but they are recoverable. A specialist solicitor can advise on your claims against the seller, conveyancer, or surveyor.

Seller misrepresentation claims Conveyancer negligence Surveyor negligence Free initial consultation

⚠ Limitation periods apply. Contract and misrepresentation claims: 6 years from breach (or 3 years from discovery for latent damage). Professional negligence (surveyor/conveyancer): 6 years from the date of negligence. Do not wait — evidence of the property's condition at exchange deteriorates. Get advice now.

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.

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Fraudulent misrepresentation

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.

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Negligent misrepresentation

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.

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Innocent misrepresentation

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.

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Exclusion clauses

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

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Japanese knotweed — seller failed to disclose known knotweed on or near the property. Claims in misrepresentation and private nuisance (where it encroaches from neighbour's land) are well established.
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Flooding & damp — seller concealed previous flooding events or active damp by decoration. TA6 asks specifically about flooding — a false answer gives rise to a misrepresentation claim.
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Unapproved building works — seller failed to disclose extensions or alterations carried out without planning permission or building regulations approval, leaving the buyer with enforcement risk.
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Neighbour disputes — seller failed to disclose ongoing or resolved disputes with neighbours. TA6 requires disclosure of disputes and notices — failure to disclose active disputes is a common basis for claims.
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Conveyancer negligence — conveyancer failed to advise on a defective title, missing rights, restrictive covenants, or chancel repair liability. Professional negligence claims can recover all loss flowing from the negligence.
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Surveyor negligence — surveyor missed structural defects, subsidence, or damp in a homebuyer's report or full structural survey. Claims are subject to the surveyor's scope of inspection and standard of care.

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.

How It Works

One clear request. A property dispute solicitor contacts you.

Whether you have been misled by a seller, let down by a conveyancer, or given a negligent survey, submit your request and a specialist will assess your claim and advise on your prospects of recovery.

Submit Your Request
1

Describe the problem

Tell us what was misrepresented or missed, when you completed, and the approximate cost of the issue discovered.

2

Request is reviewed

We match you with a property dispute or professional negligence solicitor, usually within hours.

3

Solicitor contacts you

They assess the strength of your claim, advise on quantum, and recommend the most effective route — free initial consultation.

Recover What You Are Owed

Misled by a seller or let down by a conveyancer? You have legal remedies.

Misrepresentation, surveyor negligence, and conveyancing failures are all actionable. Get free initial advice from a specialist — limitation periods mean the sooner you act, the stronger your position.

Submit Your Request

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