The sellers of a property did not disclose potential disputes with their neighbours about parking over an access way and the dumping of rubbish. They claimed that in each case they had taken advice and had accepted it and there had been no further disagreement, and that there had therefore been no dispute. The solicitor in his replies to standard Part II enquiries confirmed that the sellers replies were accurate so far as he knew. It was clear however that the potential for dispute remained and that it had been long running and personal. The form also asked if complaints had ever been received.
Held: The sellers were guilty of a fraudulent misrepresentation. The evidence established to a sufficient standard, that the sellers had acted fraudulently, and, since the claimant would not have purchased the property if they had known of the difficulties, they had relied upon the misrepresentations and could claim in damages. Damages of andpound;67,000 were awarded.
Astill J
[2003] 29 EG 120
England and Wales
Torts – Other, Contract
Updated: 23 December 2021; Ref: scu.186766