(Middlesborough County Court) The seller had left the house before marketing it. The buyer made an offer. In answer to the pre-contract enquiries, the seller told the buyer that the central heating was in good order, which was true at the time. Contracts were not exchanged until three months later when the water froze, cracking the pipes. The defendant was unaware of this. No further enquiry was made. The buyer sought damages in misrepresentation.
Held: The answer given was a continuing representation, and the defendant was liable under section 2(1) of the 1968 Act. If the representation was not true at the time of exchange, the defendant was liable unless he could avail himself of a statutory defence.
Judges:
Hewitt J
Citations:
(1987) CLY 479
Statutes:
Misrepresentation Act 1967 2(1)
Jurisdiction:
England and Wales
Contract
Updated: 24 November 2022; Ref: scu.219172