Purchasing a property may be one of the most significant purchases an individual or company is likely to make. It is essential that purchasers are clear that the property they thought they were buying is in fact the property that they are buying. Property misrepresentation occurs if a purchaser was misled by the seller during the sale. In order to demonstrate a misrepresentation, you will need to show that:
Whether a representation has been made is to be assessed objectively and according to the impact that the statement may be expected to have on a reasonable person in the position and with the known characteristics of the actual representee.
It is important to remember that a buyer of a property has a duty to complete all the necessary checks and searches before buying a property. Therefore, it is the buyer’s responsibility to make sure everything is as it should be.
However, alongside the buyer’s responsibilities, it is essential that the seller provides full and honest information about the property before a decision is made. Where important information has been omitted or incorrectly disclosed to a purchaser, there may be grounds for a misrepresentation claim.
Misrepresentation is classified in three ways:
Property misrepresentation claims can be resolved in different ways and remedy will depend on the type of misrepresentation. If a court find that a misrepresentation took place, the court may award:
We can assist in claiming or defending a misrepresentation claim by completing the following steps: