Conveyancing and misrepresentation

It was thought that a seller would be bound by their representations if made during the course of a conveyance. However in the recent case of Thorp and another v Abbotts and another [2015] the High Court has dismissed a claim of misrepresentation.

In that case the seller completed the Sellers Property Information Form (SPIF) and did not provide information about a proposed development which was to take place near his home. The seller attended meetings and received a public notice, despite these meetings and notices the seller stated he had received no notice or was aware of matters affecting the property.

This was thought to create a negligent or at its highest a fraudulent misrepresentation. However, the High Court ruled that the seller was under no duty to disclose information about speculative development. Furthermore the proposed development had nothing to do with the property being sold or did it affect a neighbouring property. The case was dismissed.

For more information about the case: click link

Should you require conveyancing advice, please call one of our Coventry Solicitors on 02476 231000

Askews Legal LLP -Coventry Solicitors.