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Property misrepresentation FAQs

If you think you may have a claim for property misrepresentation and wish to discuss it with us, call our specialist team on 01616 966 229 or complete our online enquiry form

Below we have listed a wide range of frequently asked questions, for advice on any kind of dispute please don't hesitate to contact our specialist team.

Can I sue my house seller?

In most cases, the buyer of a new home is responsible for making any necessary checks on their new property. However, if the seller of your new property makes written misrepresentations which you relied on prior to exchanging contracts, you may be able to claim against them.

What is property mis-selling?

If you have bought a new build or a previously owned home and any of the representations made turn out to be inaccurate in any way, then you may have a claim for Breach of Contract and/or Misrepresentation, also known as property mis-selling. Take urgent legal advice.

How long do property misrepresentation cases take?

Property misrepresentation claims can be complex and can take some time to resolve. If you’re bringing a claim and the other party do not dispute their liability, it may be settled within a few months. Some property misrepresentation cases may take much longer than this.

Can someone sue after buying a house?

There are some circumstances where you may be able to claim against someone involved in your property purchase. If the seller, or a professional involved in the transaction, misrepresents the property to you, you may be able to claim.  You should take legal advice urgently.

What If the seller misrepresented the condition of the property?

As a buyer, it’s your responsibility to find out about a property before you make the purchase. However, if you buy a property and it comes to light that it has serious defects that were knowingly misrepresented by the seller, you may be able to make a claim against them.

What happens if the seller’s information is not accurate?

If you bought a property and the seller provided information about it that wasn’t accurate, knowingly misrepresenting something about the property that resulted in you buying it, you may be able to make a misrepresentation claim against them.

What is a TA6 or SPIF disclosure form?

SPIF stands for the Seller’s Property Information Form (also known as TA6), which should be completed by the seller of the property. It asks questions about a wide range of things in relation to the property being sold and is a key document  In the conveyancing process.

What must a seller disclose when selling a property?

A seller must disclose a wide range of information when selling a property, including disputes with neighbours, services connected to the property, any alterations made to the building or boundaries, and much more. This is done within a SPIF or TA6 form.

What has to be on a seller property information TA6 form?

A Seller Property Information TA6 Form asks the seller to disclose information about the property. If the seller knowingly supplies inaccurate or incomplete information on this form, the buyer may be able to make a misrepresentation claim against them. Take legal advice if you think you have a claim.

How to determine if you have a case against a home seller?

If you think that the home seller misrepresented the property that you bought, you may be able to make a claim against them. Speak to an experienced property law solicitor to find out if you have a case.

What happens if house sellers don't disclose something?

If house sellers purposefully don’t disclose something important which they are asked about during the sale process, this may be seen as misrepresentation and the buyer may be able to make a claim against them. Speak to a solicitor for more information, as these cases can be complex.

What happens if a property seller lies on disclosure?

If a property seller lies on the disclosure form, often known as TA6 or the Seller’s Property Information Form (SPIF), the buyer may be able to make a claim against the seller for misrepresentation of the property.

Can I claim if a house seller lied about flooding?

If you bought a property and the seller has knowingly lied on the Seller’s Property Information Form and declared that the property had not flooded in the past when they knew that to be untrue, you may be able to make a claim for misrepresentation.

Can I claim if a house seller didn't report a dispute with neighbours?

If you have bought a property and since found out that the previous owner had a dispute with a neighbour that they didn’t disclose on the Seller’s Property Information Form, you may be able to make a misrepresentation claim against them.

Can I claim if a house seller lied about structural problems?

If a house seller knowingly made inaccurate written representations about structural problems they were asked about during the sales process of the property, the buyer may be able to make a misrepresentation claim against the seller.

Can I claim if a house seller lied about leaks?

If your house seller  made inaccurate written representations about leaks that had previously occurred in the property, which caused structural problems that they didn’t disclose during the sales process, you may be able to make a misrepresentation claim against them. For minor leaks, this isn’t normally the case.

Can I claim if a house seller lied about damp?

If a house seller made inaccurate written representations about damp within the property, you may be able to make a misrepresentation claim against them. Before purchasing a property, it is always worth the buyer obtaining some sort of survey to ensure they are satisfied with the condition of the property.

Can I claim if a house seller lied about Japanese knotweed?

If your house seller knowingly lied about Japanese knotweed during the sales process, you may be able to make a claim against them for misrepresenting the property.   This can be a complex area and you should seek urgent legal advice if you find Japanese Knotweed on your property.

What is the Misrepresentation Act 1967?

The Misrepresentation Act 1967 helps to protect UK buyers who are persuaded to buy something that isn’t as it seems. In relation to property purchases, not disclosing things accurately when asked questions about items, like structural defects or disputes with neighbours, may result in a misrepresentation claim against the seller.

What do you have to declare when selling a house?

When selling a house, the Seller is obliged to fill out the Sellers Property Information Form, also known as Form TA6.  This form asks the seller all sorts of questions concerning the property they are selling, the answers of which could influence a potential buyer’s decision to purchase.

Can I sue my estate agent for negligence?

If your estate agent has failed in their duty of care to you and you have lost out as a result, you might be able to make a professional negligence claim. Speak to an experienced solicitor for more information.

Do you have to declare neighbour disputes when selling a house?

You do have to declare both past and current neighbour disputes when you sell a property, or you risk legal action being taken against you by the buyer of your home.

Do you have to disclose a burglary when selling a house?

It’s recommended that you disclose past burglaries of the property when selling a house, plus any security improvements made since. If you don’t disclose a burglary, this may be considered misrepresentation. You should seek legal advice if you are unsure how to answer questions asked during the selling process.

How long after you buy a house can you sue the seller?

There may be a time limit for making a misrepresentation claim against the seller of your house, depending on the circumstances involved. Speak to a solicitor as soon as the issue becomes known to find out if you are still able to claim.

Is a failure to report that a building is ‘listed’ professional negligence?

If a property professional fails to inform you that a property you’re buying is a listed building, they could be considered to have failed in their duty of care and you might be able to claim against them. Speak to a solicitor for more information.

What do I have to disclose when selling a house?

When selling a house, you need to disclose (on Form TA6) any information about the property that could influence a potential buyer in their decision on whether to proceed with the purchase. This could be things like structural issues, neighbour disputes or a history of flooding. 

Do I have to declare Japanese knotweed?

If you’re selling a property and know there is Japanese knotweed present anywhere within the boundary, you must declare this to a prospective buyer, or they could make a claim against you for misrepresentation. If you think you have Japanese Knotweed on your property, you should seek urgent legal advice.

Do I have to disclose noisy neighbours when selling a house?

If you have ever made a complaint about a noisy neighbour or had a dispute with a neighbour, you need to disclose this on your property information form when selling your home. If you don’t declare it, you leave yourself open to legal action from the buyer.

How long are you liable after selling a house?

As a seller, you may be considered liable if you failed to disclose something important about the property to the seller and they lose out as a result. The circumstances can dictate how long you may be held liable. Consult a solicitor as soon as possible.

How long can a buyer sue a seller after closing?

In the UK, after a property sale has concluded or ‘closed’, the seller remains liable if they mispresented the property in any way that causes the buyer to lose out financially. Speak to a solicitor if you’ve been accused of misrepresentation.

What happens if you lie on a seller's disclosure?

If you lie or fail to disclose something about a property on the information form to the seller, you could be at risk of them taking legal action against you. Contact a solicitor for more information.

Can you get sued after selling a house?

If you didn’t declare issues with the property, historical problems or neighbour disputes, amongst other things, the buyer may make a claim against you for damages they have suffered as a result. Speak to a solicitor if you are concerned about this.