Misrepresentation

Misrepresentation is where one person provides another with a false statement of fact or law to induce them to enter into a contract.

There are three types of representation:

  • Fraudulent misrepresentation occurs when the person knowingly, or recklessly, made a false statement;
  • Negligent misrepresentation occurs when the false statement was made carelessly or without having reasonable grounds to believe it to be true;
  • Innocent misrepresentation occurs when, at the time the false statement was made, the person believed it to be true.

Property misrepresentation can occur where:

  • The seller makes an inaccurate statement about the condition of the property to the buyer;
  • The landlord, or the landlord’s agent, made a false statement prior to the formation of the tenancy agreement.
boss sitting in office

I am a Partner at Naylor Solicitors, a law firm specialising in property disputes and resolution. I would be delighted to assist with any queries you may have. Please get in touch to arrange a no obligation consultation.

James Naylor
Partner

What are the remedies for misrepresentation?

The remedies available include damages and the rescission of the contract. The remedies available will depend on whether the misrepresentation was fraudulent, negligent or innocent.

The aim of a damages award is to place the wronged party in the position it would have been in, had the misrepresentation not been made. It involves calculating the losses sustained as a result of the misrepresentation.

The court can order a rescission of the property contract. Effectively this results in the contract being undone, and the parties are restored to the position that they were in before the contract was entered into. However, it is only in exceptional cases that a court will look to rescind a contract.

We can represent a person seeking to bring a misrepresentation claim, or defend such a claim, and provide expert legal advice on the remedies available.

When does misrepresentation occur on a property sale?

There is no legal requirement for a seller to voluntarily disclose information on the property. The onus is on the buyer to find out everything it needs to know about the property before committing to buy it. However, sellers have a duty to honestly and accurately answer all enquiries raised by the buyer.

A buyer will therefore raise pre-contract enquiries to obtain relevant information. The following industry-standard forms are commonly used:

  • Commercial Property Standard Enquiries (CPSE) for the purchase of commercial property;
  • The Law Society Transaction (TA) Forms for the purchase of residential property.

Property misrepresentation can occur when a seller dishonestly withholds information or provides false information in response to these enquiries. For example, a buyer may have a claim if the seller states that the property is free from Japanese Knotweed while knowing this to be untrue, or careless as to its truth.

Damages are usually assessed by the diminution in value of the property as a result of the issues. Damages might also include compensation for the inconvenience caused and for the cost of having any problems fixed.

We can act on behalf of a buyer or a seller in a property misrepresentation claim.

When does misrepresentation occur prior to a letting agreement?

Misrepresentation can occur if a landlord, or his agent, made a misrepresentation prior to the formation of a tenancy agreement. However, a mere statement of opinion will not usually be treated as a misrepresentation unless it amounts to a statement of fact.

If the statement does not amount to a misrepresentation, a tenant may still rely on the provisions of the Consumer Protection from Unfair Trading Regulations 2008 under which landlords and their agents are prohibited from giving or withholding misleading information. If a tenant is given false information or an overall impression that deceives, the tenant may be entitled to claim damages or to unwind the tenancy agreement.

We can represent tenants and provide expert legal advice on the options available in your particular case.

We’re with you, every step of the way.

We’re here to guide you through the intricacies of litigation, resolve disputes efficiently, and help you achieve your outcome.

Testimonials

Our team is composed of dedicated and accomplished legal professionals, each bringing their unique expertise to the table.

Violeta Korkucyte
Violeta Korkucyte
21/05/2024
I am very happy with the service provided by Dominika Libova who helped me out with both my housing and allotment issues. Dominika was very professional, knowledgeable and understanding. I am grateful for all support and understanding received. I highly recommend Dominika and I will certainly continue using Naylor Solicitors services, should again there will be any need. Thank you so much! Kind regards, Violeta Korkucyte
Xuan Xing
Xuan Xing
06/05/2024
I used Naylor as my solicitor in my possesion claim case. It was very complicated due to a rent-to-rent and defaulting agent case with changing solicitors in the past. Jenny and Dominika provided top-notch services along the way and helped me finally regained the property. They gave legal advices truly in client's interest and explained things in details. I would highly recommend you using them esp. when you face a complicated case.
shaz
shaz
15/04/2024
Hi, My landlord posted an arrears repayment request letter (for my commercial property) to my old residential address where I haven't lived for over 20 years. To make things worse, some of my estranged family out of spite 'sat on the letter and never told me'. When my sick father found out he told me but by that time it was too late and my landlord had then tried 'to dig up a old expired lease clause' to evict me instead. I contacted the landlord and instructed Naylors to help me, as I have used them previously without any problems. I had an excellent service and outcome before and this time felt I was in very safe hands. However my landlord served me a 'forfeiture of lease and claimed repossession. Distraught Naylors saved the day and I am delighted, relieved and very grateful to say the landlord has given my keys back to me today, (within 48hrs of Naylors contacting them on my behalf) and I am back in my shop. Thank you so so much James, Jonathan, Jasper, Gurcharan and the whole team at Naylors, you guys are fantastic! keep up the amazing work. best wishes shabana x
Relinda Howard
Relinda Howard
04/04/2024
I take this opportunity of thanking Dominika for her expertise and professionalism. She certainly made my experience of this situation more pleasant . She appears to be a person of strength and determination. When it is time to be firm she can be. Thanks for her perseverance in completing what she started. Relinda.
Mark Genney
Mark Genney
22/03/2024
I have to say Naylor went the extra mile, my case must have lasted 5 years or so. I'm very happy with the amount of professionalism and talent that Naylor brought to this.
BB Roy
BB Roy
12/03/2024
This specialist, yet unassuming Property Law firm came to my rescue by evicting a tenant in my property who was illegally subletting. At the outset, the principal of the firm - James Naylor set out a very clear forthright approach to get the tenants out by a given date. Then it was all up to a very high impact Solicitor Nida Khan to execute that plan. Nida was diligent and persistent in her manner with the tenants and left them with little scope to manoeuvre other than to surrender the tenancy by the specified date or to face imminent eviction by court orders. Through out the two week's process - Nida kept me informed, was easy to communicate with and was always reassuring. I am very grateful to Naylor's LLP for their professional service and happy to recommend Nida and her firm as outstanding property law practitioners.
Nurliah Fisher
Nurliah Fisher
21/02/2024
I would like to thanks to all the staff at Naylor Solicitors. They are all very helpful and the most important is for me that’s they are very honest. Wishing them all the best and success with their team work and especially to Dominika, Many thanks for your hard work. Best wishes Nurliah Fisher
Mustafa Kalaycı
Mustafa Kalaycı
21/01/2024
The most honest, hardworking, and fully professional law firm I have encountered or worked with. Despite speaking different languages, they effectively understand you through their interpreters, find the best advisors to assist you, and acquire the necessary information. They create a friendly, family-like atmosphere with a straightforward approach, particularly in litigation expertise. My gratitude goes to all the staff involved, especially James Naylor and Jenny Cheung, for their dedication. Thanks for everything. Mustafa KALAYCI
Pauline
Pauline
12/09/2023
I used Naylor Solicitors to help us purchase our freehold. It wasn't as straightforward as we'd hoped as the previous freeholder and his solicitors were difficult to deal with (not responding to calls or emails etc,) which delayed things. At one point the freeholder threatened to pull out of the sale despite previously agreeing. Our solicitor Adam was swift in his response, reminding the other side that we had a verbal agreement and that they were risking us taking legal action in that regard. He was then able to make sure the sale went through as agreed. I highly recommend Naylor Solicitors.
Ray Allen
Ray Allen
26/04/2023
We have used their services twice and both times we found them to be efficient and responsive. Kept us well informed of all developments throughout the process.