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- There is no duty on the seller to voluntarily give up information on known issues or defects with their property. However, a claim can be raised against a seller who does not honestly and accurately answer all enquiries which have been raised directly about issues of concern.
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What if a seller lied on a property information form?
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Who is liable if a seller misrepresents a property?
The answer is yes, you are legally obligated to disclose all known information about the property to potential buyers, both positive and negative.
Depending on whether or not the seller innocently, negligently or fraudulently answered the questions inaccurately in the Property Information Form, the buyer may be entitled to claim damages from the seller if they relied on the information when going ahead with their purchase.
Mar 15, 2022 · There is no duty on the seller to voluntarily give up information on known issues or defects with their property. However, a claim can be raised against a seller who does not honestly and accurately answer all enquiries which have been raised directly about issues of concern.
Oct 30, 2023 · Selling a house comes with responsibilities, not least the legal obligation to disclose certain information to potential buyers. These disclosures build trust between the seller and the buyer, and failure to disclose them can lead to severe legal and financial repercussions.
- Michael.Purvis@jmw.co.uk
- Partner
Sep 11, 2023 · Leasehold Information (If Applicable): For leasehold properties, sellers must disclose relevant information, including lease terms, ground rent, service charges, and any ongoing legal or financial disputes.
A practice note on the common law principle of caveat emptor (buyer beware), by which the onus is on the buyer to investigate the property it is acquiring and the seller is under a limited duty to disclose latent incumbrances and defects in title.
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.
