The Silver Brief

Buying a home is one of the biggest financial commitments most people will ever make. So it can be an unwelcome shock to discover that, in England and Wales, the responsibility for uncovering problems with a property largely rests with the buyer—not the seller.

If you later discover issues that weren’t disclosed, you may be wondering: Can I make a property misrepresentation claim? This guide explains how the law works, what counts as misrepresentation, and what you can realistically do about it.

Quick answer: Can you claim for property misrepresentation?

Yes—but only in specific circumstances.

You may have a claim if:

• The seller made a false or misleading statement
• You relied on that statement when buying
• You suffered a financial loss as a result

However, simply discovering a defect after purchase is not enough on its own.

Why sellers don’t have to disclose everything

In England and Wales, property transactions follow the legal principle of “buyer beware” (caveat emptor). This means the seller is generally not required to volunteer information about defects. For example, a seller does not have to proactively tell you if:

• The garden floods
• The roof leaks
• There is subsidence
• The electrics are unsafe
• There is a boundary dispute

Instead, it’s up to you to investigate the property properly before committing.

You may also find this helpful: Can a right of way be removed?

The three key ways buyers uncover problems

Conveyancing searches

Your solicitor carries out searches with public authorities to uncover issues that may not be obvious. These searches can reveal whether the property:

• Is at risk of flooding or difficult to insure
• Has historic mining activity or structural risk
• Is affected by chancel repair liability or radon gas
• Sits on contaminated land
• Could be impacted by nearby developments

Search results can significantly affect both value and future enjoyment of the property.

Property information form (TA6)

The TA6 form is completed by the seller and provides detailed information about the property. It covers areas such as:

• Boundaries and disputes
• Flooding history
• Alterations and planning permissions
• Guarantees and warranties
• Neighbour issues

Crucially: Every answer given is a legal representation. If a seller provides inaccurate or misleading information, this can form the basis of a misrepresentation claim.

Your survey

A survey is one of the most important steps—and one of the most commonly skipped. Options typically include:

• Basic condition report
• Homebuyer report
• Full building survey

Skipping a survey (or choosing a cheaper, less detailed one) can be a false economy, especially given the cost of unexpected repairs.

What is property misrepresentation?

In legal terms, misrepresentation occurs when one party makes a false statement of fact that induces another party to enter into a contract.

In property transactions, this usually arises where a seller:

• Gives an incorrect answer on the TA6 form; or
• Provides a misleading response to additional enquiries

Common examples of misrepresentation

Real-world examples include:

• Saying there is no flooding history when flooding is known
• Denying neighbour disputes that have previously occurred
• Failing to disclose known structural issues
• Misrepresenting boundaries or rights of way

The key issue is whether the seller knew (or should have known) the true position.

What happens if a seller lied on the TA6 form?

Not all incorrect answers are deliberate. Sellers sometimes:

• Misunderstand questions
• Guess answers
• Provide incomplete information

However, even an innocent misrepresentation can still give rise to a legal claim.

That said, proving dishonesty (fraudulent misrepresentation) can strengthen your case and potentially increase damages.

Making a property misrepresentation claim

To succeed in a claim, you will generally need to prove:

• The seller made a false statement
• The statement induced you to buy the property
• You suffered a measurable financial loss

Evidence is critical. This may include:

• TA6 form responses
• Email correspondence
• Survey reports
• Expert opinions (e.g. surveyor, structural engineer)

How damages are calculated

The usual measure of damages is the difference between what you paid and what the property was actually worth with the defect. This typically requires:

• An independent valuation report
• Expert evidence

It’s worth noting:

• Claims based on “I wouldn’t have bought it” are harder to prove
• Courts focus on financial loss rather than emotional impact

What about negligent surveyors?

Sometimes the issue isn’t the seller—it’s your surveyor. You may have a claim for professional negligence if:

• The defect should reasonably have been identified
• The survey type was sufficient to detect it
• You relied on the survey

For example, a full building survey carries a higher expectation than a basic report.

Practical tips for buyers

To reduce risk when buying property:

• Always review the TA6 form carefully
• Ask follow-up questions where needed
• Commission an appropriate survey
• Always discuss any concerns with your conveyancer
• Keep written records of all replies

Taking these steps early is far easier than pursuing a legal claim later.

You may also find this helpful: Property litigation costs UK: A practical guide for homeowners

Frequently asked questions

Property misrepresentation claims: Final thoughts

Property misrepresentation claims sit at the intersection of law, evidence, and risk. While the law does offer protection to buyers, it does not replace the need for thorough investigation before purchase.

The reality is simple: the more diligence you carry out upfront, the less likely you are to need legal remedies later.

This guide is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.

About the author, Clare Lowes