Property misrepresentation claims: What buyers can do

Discovering a serious problem after buying a home is bad enough. Discovering that the seller may have known about it—and apparently gave a reassuring answer during the conveyancing process—adds a different kind of frustration.

Perhaps the garden has flooded repeatedly despite the seller answering “no” to questions about flooding. A neighbour tells you about a long-running boundary dispute that was never mentioned. Building work lacks the permissions you were told were in place, or an old contractor produces evidence of a structural problem supposedly unknown to the seller.

I have seen how quickly the first shock turns into a determined search for somebody to blame. That reaction is understandable, but a property misrepresentation claim depends on more than proving that the house has a defect. The central questions are what was said, whether it was false, whether you relied on it and what financial loss it caused.

The law still begins with the principle of caveat emptor—buyer beware. A seller is not generally required to volunteer every physical problem with a property. However, if the seller chooses to answer a question, the answer must be honest and must not create a misleading picture.

Quick answer: Can I make a property misrepresentation claim?

You may have a claim if the seller or another person involved in the sale made a false statement that influenced your decision to exchange contracts.

In practical terms, you will usually need to show that:

• a false or misleading representation was made;
• you knew about and relied upon it when proceeding with the purchase; and
• you suffered a legally recoverable loss.

An undisclosed defect is not enough by itself. You must identify the statement, answer or conduct said to have misled you.

Claims commonly arise from incorrect answers on the Property Information Form, misleading replies to additional enquiries, false statements made by an estate agent or assurances given directly by the seller.

Content of this guide

• What is property misrepresentation?
• Does a seller have to disclose every problem?
• Why the TA6 form matters
• Can silence or failure to disclose amount to misrepresentation?
• Common property misrepresentation claims
• What if the seller lied on the TA6 form?
• What evidence will I need?
• What should I do when I discover the problem?
• How are damaged calculated?
• Can the sale be reversed?
• What if I discovered the problem before completion?
• What if the estate agent gave the false information?
• What if the surveyor missed the defect?
• How long do I have to bring a claim?
• Is a claim financially worthwhile
• Frequently asked questions

What is property misrepresentation?

A misrepresentation is an untrue statement made before a contract which induces the other party to enter into that contract.

In a residential purchase, the representation may appear in:

• the Property Information Form, usually called the TA6;
• replies to additional enquiries raised by the buyer’s conveyancer;
• emails, messages or letters;
• the estate agent’s particulars;
• answers given during viewings; or
• conduct that creates a false impression.

The representation does not have to be the only reason you bought the property. It must, however, have played a real part in your decision to proceed.

If you knew the true position before exchange, did not become aware of the statement until afterwards or would have bought on precisely the same terms regardless, the necessary reliance may be difficult to establish.

A buyer can sometimes rely upon information through their conveyancer rather than reading every reply personally. In a significant 2025 High Court case, the court accepted that buyers had relied on false replies to pre-contract enquiries even though they had not personally read the replies word for word.

Does a seller have to disclose every problem?

No. There is no general duty requiring the seller of a property to provide an unsolicited catalogue of every defect.

That is the effect of caveat emptor. The buyer is expected to inspect the property, commission an appropriate survey, carry out searches and ask relevant questions before exchange.

However, “buyer beware” is not permission to lie.

The High Court confirmed in Patarkatsishvili v Woodward-Fisher that a seller has no general duty to disclose defects in real property, but must provide honest answers to pre-contract enquiries if they choose to answer them. A seller must not give an answer that is false, misleading or incomplete.

The seller may sometimes decline to answer a question or say that the answer is not known. They should not guess or provide a confident “no” where the true position is uncertain.

The seller must also avoid giving a half-truth. For example, saying that a roof leak was repaired without revealing that it has returned repeatedly may give a misleading impression even though part of the statement is literally accurate.

An answer that was true when originally given may also need to be corrected if circumstances change before exchange. A new neighbour complaint, fresh flooding or newly discovered structural damage should not simply be ignored because the TA6 was completed several weeks earlier.

Why the TA6 form matters

The Law Society’s Property Information Form asks the seller about matters including boundaries, disputes, notices, alterations, flooding, insurance, guarantees, services and environmental issues.

One issue dealt with specifically is Japanese knotweed. My separate guide explains the position where Japanese knotweed is growing on or spreading from neighbouring land, including the current three-metre approach.

The sixth edition became the current mandatory Law Society form for relevant transactions from 30 March 2026. Its explanatory notes warn sellers that misleading information may allow the buyer to claim compensation after completion.

The form does not replace the buyer’s survey or searches. Nor does every incorrect answer automatically produce a successful claim.

A buyer must still prove that the answer was materially false, that it was relied upon and that it caused loss. An insignificant mistake that made no difference to the transaction will not normally justify substantial compensation.

The seller’s answers are generally given by the seller, not guaranteed by their conveyancer. A claim should therefore begin by identifying who actually made or authorised the statement.

Can silence or failure to disclose amount to misrepresentation?

Pure silence will not usually amount to misrepresentation in an ordinary property sale. There are, however, important qualifications.

A claim may arise where:

• an answer is literally true but gives a misleading half-picture;
• the seller actively conceals evidence of a defect;
• an earlier statement becomes false before exchange and is not corrected;
• the seller’s words or conduct imply a fact that is untrue; or
• a specific enquiry called for information which the seller answered inaccurately.

Painting over staining is not automatically misrepresentation. The seller may simply have redecorated. Painting over recurrent damp immediately before marketing while falsely denying any history of water ingress may support a very different inference.

The distinction is often evidential. The buyer must move beyond “the seller must have known” and find material showing what the seller experienced, received or did before the sale.

Common property misrepresentation claims

Neighbour disputes

A seller may be asked about past or current disputes and complaints affecting the property.

A brief disagreement over a hedge many years earlier is different from a continuing campaign of noise complaints, threats, council involvement or litigation. Whether an answer is misleading depends on the wording of the question, the history and how a reasonable buyer would understand the reply.

My guide to noisy neighbours and the legal complaint process explains the kinds of formal steps that may leave a documentary trail.

Flooding and drainage

A claim may arise where the seller denies previous flooding despite insurance claims, council correspondence, photographs or repeated remedial work.

It remains necessary to identify what the form actually asked. Water entering a cellar, surface-water runoff, a burst internal pipe and flooding from a river may be treated differently by particular questions.

My guide to surface-water runoff law explains responsibility where water travels from neighbouring land. Where the problem arises from an obstructed watercourse, see my guide to flooding caused by a blocked ditch or culvert. For problems involving private drains, shared drains or public sewers, see who is responsible when a neighbour’s drain floods your garden.

Boundaries and rights of way

Incorrect statements about the position of a boundary, ownership of a fence, parking rights or the extent of an access may be highly significant.

A seller should not state that land belongs to the property merely because they have used it for years. Equally, a Land Registry title plan usually shows only the general boundary rather than a mathematically exact line.

My guide to property boundaries in England and Wales explains how plans, deeds and physical features should be approached. My guide to whether a right of way can be removed considers another frequent source of misleading sale information.

Building work and permissions

A seller may misrepresent whether an extension had planning permission, complied with building regulations or received listed building consent.

The absence of a completion certificate does not necessarily prove that the building work is defective. It may nevertheless affect value, mortgageability, insurance and the cost of regularisation.

Structural problems and repairs

Claims may involve subsidence, movement, damp, roof defects or previous underpinning.

Again, the defect alone is not enough. The buyer must identify a false answer or representation. Evidence that the seller previously commissioned structural reports, made insurance claims or instructed substantial remedial work may be particularly important.

Infestations and invasive plants

A seller who gives an inaccurate answer about an infestation or invasive plant may face a claim if the answer induced the purchase.

In Patarkatsishvili v Woodward-Fisher [2025], the seller of a £32.5 million house was found to have made fraudulent misrepresentations in replies concerning a serious clothes-moth infestation within the building’s insulation. The High Court ordered rescission of the sale and considered substantial consequential losses. The case was exceptional, but it is a useful reminder that rescission is not automatically impossible once a property purchase has completed.

What if the seller lied on the TA6 form?

The legal consequences depend partly on the seller’s state of mind.

Fraudulent misrepresentation

Fraud requires more than carelessness. A representation is fraudulent where it is made knowingly, without an honest belief in its truth or recklessly without caring whether it is true.

The allegation is serious and must be properly supported by evidence. A seller who made an honest mistake is not fraudulent merely because the answer was wrong.

The High Court has recently restated that fraud requires proof of dishonesty, not simply gross negligence.

Negligent misrepresentation under the Misrepresentation Act

Section 2(1) of the Misrepresentation Act 1967 is particularly important.

Once the buyer proves that a misrepresentation induced the contract and caused loss, the seller may be liable unless they prove that they had reasonable grounds for believing—and did believe—the statement was true up to the time of the contract.

This means the buyer does not invariably have to prove that the seller knew or ought to have known the answer was false. The statutory burden can fall on the seller to establish reasonable grounds for the belief.

Innocent misrepresentation

A representation is commonly described as innocent where the seller can establish reasonable grounds for believing that it was true.

Rescission may still be available in principle, although practical and equitable bars may prevent it. Section 2(2) of the Misrepresentation Act also allows the court, in certain circumstances, to award damages instead of rescission where it considers that equitable.

What evidence will I need?

Property misrepresentation claims usually turn on documents and chronology.

The starting evidence may include:

• the TA6 form and any earlier versions;
• additional enquiries and replies;
• the contract and transfer;
• estate-agent particulars;
• emails, text messages and notes of conversations;
• survey and valuation reports;
• photographs and videos;
• council, planning or building-control records;
• insurance claims;
• invoices and reports obtained by the seller;
• correspondence with neighbours; and
• expert evidence about the defect, its age and its effect on value.

Try to establish when the problem began and what the seller probably knew before exchange.

A neighbour saying, “They knew all about it,” may point you in the right direction, but the claim will be much stronger if supported by dated messages, complaint records, contractor invoices or photographs.

Keep the original documents and avoid editing or annotating them. Make copies and create a clear timeline.

What should I do when I discover the problem?

Start by notifying your conveyancer and obtaining the full purchase file, including the TA6, replies to enquiries and any reports.

Photograph and record the problem before extensive work begins. Where urgent repairs are necessary, ask the contractor to document what was found before removing or replacing it.

Obtain an independent report addressing:

• the nature and cause of the problem;
• how long it is likely to have existed;
• whether it should have been apparent before purchase;
• the work reasonably required; and
• the likely cost.

A valuation report may also be required. The expert may need to assess what the property was worth at the date of purchase had the true position been known.

Check your buildings insurance, home insurance and any legal-expenses cover. Some policies require early notification and may refuse cover if substantial steps are taken without approval.

Avoid making an immediate public accusation that the seller committed fraud. State the facts, preserve the evidence and obtain advice before alleging dishonesty.

How are damages calculated?

There is no single formula applying to every property misrepresentation claim.

The appropriate measure depends on whether the claim is fraudulent, brought under section 2(1) of the Misrepresentation Act, based on breach of contract or concerned with damages in lieu of rescission.

A valuation comparing the price paid with the property’s actual value at the time of purchase is often important. However, the loss is not invariably confined to that difference.

Depending on the legal basis and facts, recoverable losses may potentially include:

• the reduced value of the property;
• reasonable investigation and remedial costs;
• professional fees;
• alternative accommodation;
• wasted expenditure; and
• other losses flowing directly from entering the transaction.

The cost of repair does not automatically equal the legal loss. A £40,000 repair may increase the property’s value by only £15,000, or the defect may create a continuing stigma beyond the repair cost.

Expert evidence is therefore often necessary. Courts will also consider causation, reasonableness and whether the buyer acted sensibly to limit further loss.

Emotional distress and the understandable feeling of having been deceived will not ordinarily form the main measure of compensation in a property claim.

Can the sale be reversed?

Potentially. The remedy is called rescission.

Rescission aims to unwind the contract and restore the parties substantially to their pre-contract positions. The buyer returns the property and the seller repays the purchase price, subject to any adjustments the court considers necessary.

It is a substantial and disruptive remedy. Difficulties may arise where:

• the buyer has affirmed the contract after learning the truth;
• third-party rights have intervened;
• the property has been substantially altered;
• it is no longer practically possible to restore the parties; or
• delay has made rescission inequitable.

The fact that the buyer has lived in or altered the property does not invariably make rescission impossible. Courts can sometimes make financial allowances to achieve practical justice. Nevertheless, a buyer considering rescission must obtain urgent specialist advice and avoid acting inconsistently with an intention to unwind the sale.

Damages are far more common in ordinary residential claims.

What if I discovered the problem before completion?

Before exchange of contracts, a buyer can ordinarily withdraw, renegotiate the price or require further information without being contractually bound to complete.

After exchange, the position changes. The purchase contract is binding, and simply refusing to complete may expose the buyer to loss of the deposit, damages and other remedies.

A serious pre-completion misrepresentation may provide grounds to rescind the contract, but the buyer should not assume that this happens automatically. Urgent advice is required before serving notices, withholding completion funds or declaring that the contract is at an end.

What if the estate agent gave the false information?

An estate agent may itself make or repeat a misleading statement. The potential defendants and causes of action will depend on who supplied the information, who authorised it and whether the buyer relied upon it.

For commercial practices occurring from 6 April 2025, estate agents and other traders are subject to the unfair-commercial-practices provisions of the Digital Markets, Competition and Consumers Act 2024. These prohibit misleading actions and misleading omissions likely to affect a consumer’s transactional decision.

That regulatory regime does not mean that every inaccurate listing automatically produces compensation from the agent. A buyer should preserve the original particulars and establish whether the agent made its own representation or merely passed on information attributed clearly to the seller.

A complaint may also be available through the agent’s redress scheme or Trading Standards.

What if the surveyor missed the defect?

A surveyor’s potential liability is separate from the seller’s.

A surveyor must exercise the reasonable skill and care expected for the type of survey commissioned. A basic inspection does not carry the same scope as a full building survey, and a surveyor will not necessarily be liable for a concealed defect that could not reasonably have been identified.

The key questions are:

• what the surveyor was instructed to inspect;
• what a reasonably competent surveyor should have noticed;
• what advice should have been given; and
• what financial loss the failure caused.

Claims may sometimes be brought against both the seller and the surveyor, although the losses must not be recovered twice.

The limitation rules for professional negligence can differ from those applying to the seller, including a possible three-year period from acquiring the necessary knowledge under section 14A of the Limitation Act 1980, subject to a 15-year longstop.

How long do I have to bring a claim?

Do not rely on the simple statement that you always have three years from discovering the problem. That is not the general rule for a property misrepresentation claim against a seller.

A damages claim founded on tort or a simple contract will commonly be subject to a six-year limitation period running from when the cause of action accrued—often completion or entry into the contract, depending on the claim. Sections 2 and 5 of the Limitation Act 1980 contain the principal six-year rules.

Section 32 may postpone the start of the limitation period where the claim is based on fraud, where a relevant fact has been deliberately concealed or where the action seeks relief from the consequences of a mistake. Time then generally begins when the claimant discovered the fraud, concealment or mistake, or could with reasonable diligence have discovered it.

These rules are technical. The date on which the defect was discovered is not necessarily the date on which limitation began.

Rescission is also vulnerable to delay, affirmation and other equitable bars even where a damages claim remains within its statutory limitation period. Advice should therefore be obtained promptly.

Is a claim financially worthwhile?

A strong claim is not necessarily an economic one.

Suppose expert evidence suggests that the property was worth £12,000 less than the price paid, but proving the claim will require a surveyor, valuation expert, solicitor and contested trial. The legal costs can quickly overtake the amount in dispute.

The court’s track allocation, proportionality rules, settlement offers and costs orders all matter. Even a successful claimant may not recover every pound spent.

My guide to property litigation costs explains the practical risks in more detail.

Early mediation or negotiation may achieve a commercially sensible result without either party accepting every allegation.

Frequently asked questions

Act quickly, but build the evidence first

The discovery of an undisclosed defect naturally creates suspicion. Sometimes that suspicion is justified. Sometimes the seller genuinely did not know, the question did not cover the problem or the defect arose only after completion.

The strongest property misrepresentation claims are built backwards from the evidence. Start with the exact words used. Establish when they were made, what the seller knew, how you relied on them and what financial difference the truth would have made.

That approach is less emotionally satisfying than immediately accusing the seller of dishonesty, but it is much more effective.

Preserve the conveyancing documents, record the defect before repairs obscure it and obtain independent technical and valuation evidence. Then compare the likely recovery with the cost and risk of pursuing it.

More guidance on boundaries, neighbour disputes, nuisance and property litigation can be found in my property disputes section.

Last legally reviewed on 29 August 2026

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