Specialist Legal Advice for Buyers Suffering Significant Financial Loss 
Buying a property is one of the largest financial commitments most people will ever make. When you proceed on the basis of incorrect or misleading information provided by the seller, and that information results in a significant financial loss, the law may allow you to bring a claim – our property misrepresentation solicitors can advise you on your position and the best course of action to secure compensation or rescind the contract.
However, not every error, omission or unexpected defect will justify legal action. Property misrepresentation claims are only viable where the buyer has suffered a clear, measurable and material financial loss as a direct result of relying on false information. Minor defects, issues that could reasonably have been identified through inspection or survey, or losses that are disproportionate to the cost of litigation will not usually justify instructing solicitors.
Our property misrepresentation solicitors act for buyers who have suffered serious financial consequences, such as substantial remediation costs, a significant reduction in the property’s value, or in the most serious cases, the need to unwind the transaction entirely. We do not encourage speculative claims or complaints based solely on disappointment or buyer’s regret.
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Speak To A Property Misrepresentation Solicitor
Property misrepresentation claims are complex, evidence-driven and often expensive to pursue. We are therefore selective about the cases we accept and focus on claims where there is a clear legal basis and a substantial financial loss.
If you believe incorrect or misleading information provided during your purchase has left you materially worse off financially, we can assess whether your claim is worth pursuing and advise you on the risks, likely costs and prospects of recovery.
We do not advise on minor defects, general dissatisfaction with a property, or claims where the potential recovery is unlikely to justify the cost of legal action. If, however, your loss is significant and you relied on false information when agreeing the purchase price, our specialist property litigation team can provide clear, practical advice on your next steps.
What Is Property Misrepresentation?
When a seller provides property information to a buyer, including in the estate agent’s details, answers to direct questions, or in filling in the official property information form TA6, they must take care that it is accurate. It is acceptable to say that information is not known, if that is the case, but where a seller has the answer or should have the answer, they must provide a truthful response.
For example, if a property is affected by flooding, then knowing this will give the buyer the chance to obtain estimates for flood prevention works and potentially renegotiate the price to take this into account.
How Do You Prove Property Misrepresentation?
If you make a claim for property misrepresentation, you must prove the following:
- The statement made was false
- As the buyer, you relied on the false statement, and this reliance played a large part in your decision to purchase the property at the agreed price
- Your reliance on the false statement resulted in a financial loss
Is My Property Misrepresentation Claim Worth Pursuing?
Property misrepresentation claims are assessed not only on legal merit, but also on commercial reality. The following questions provide a useful initial guide.
You are more likely to have a viable claim if:
- The seller provided factually incorrect information, rather than an opinion
- You relied on that information when agreeing the purchase price
- The issue was not obvious on inspection or survey
You have suffered a significant financial loss, such as:
- Substantial repair or remediation costs
- A measurable reduction in the property’s market value
- Losses running into tens of thousands of pounds rather than a few thousand
Your claim may be unlikely to justify legal action if:
- The loss is relatively small once legal costs are considered
- The issue could reasonably have been identified before exchange
- The seller genuinely did not know, and could not reasonably have known, of the issue
- You would have proceeded with the purchase regardless of the information provided
An experienced property misrepresentation solicitor will assess both the strength of the evidence and the financial proportionality of the claim before advising you to proceed.
What Are Examples Of Property Misrepresentation?
Common examples of property misrepresentation include providing false or misleading information in respect of:
- Disputes with neighbours
- Boundary disputes
- The presence of Japanese knotweed
- Flooding
- Pest infestation
Attempting to hide problems such as damp, subsidence and problems with utilities can also constitute misrepresentation.
What If The Information Was Initially Accurate, But Circumstances Changed?
If replies to enquiries change during the purchase process, for example, a boundary dispute arises, the seller should give the buyer the details. The buyer is entitled to rely on the property information and replies to enquiries being up to date at the exchange of contracts.
What If A Surveyor Provided The Misleading Information?
If you relied on information provided by a surveyor when buying your property and this later turns out to be incorrect, you may be able to make a claim for professional negligence. This is a different type of claim based on the failure of a professional to provide a service of a reasonable standard.
Where the surveyor fails to provide an accurate survey or valuation, you rely on the information provided, and you subsequently suffer a financial loss as a result, you have grounds for a claim against them.
Viable and non-viable property misrepresentation claims – a practical comparison
| More likely to justify legal action | Unlikely to justify legal action |
| Clear false statements of fact in TA6 replies or enquiries | Minor inaccuracies with no real financial impact |
| Evidence the seller knew or should have known the information was incorrect | Seller genuinely unaware and could not reasonably have known |
| Significant remediation costs or measurable reduction in value | Cosmetic issues or routine maintenance problems |
| Losses running into tens of thousands of pounds or more | Losses that are modest once legal costs are considered |
| Issues not discoverable by inspection or survey | Issues that could reasonably have been identified pre-purchase |
| Strong documentary and expert evidence available | Limited evidence or reliance on assumption or hindsight |
| Clear link between misrepresentation and price paid | Buyer would have proceeded at the same price regardless |
This comparison is not exhaustive, but it illustrates why early legal advice is essential before committing to a claim.
How Do You Claim Property Misrepresentation?
It is for the claimant to prove the three grounds of property misrepresentation, so you, as the buyer, will need to obtain evidence. This will include evidence that the statement in question was false and evidence that the seller knew this, or was careless about whether it was true, or was more likely than not aware of the problem.
You will need to show the element of financial loss, which will often involve asking a property valuer or other expert to assess the property and provide figures taking into account the misrepresentation. For example, if there is Japanese knotweed at the property, specialists could provide a quote for removing the plant and providing a guarantee. A property valuer could advise on any property price reduction because of the knotweed.
An expert property misrepresentation solicitor will work with you to ensure you have enough information to establish the strongest possible case.
An initial letter is sent to the seller advising them that you intend to make a claim. They are likely to pass this on to their solicitor and it may be possible to negotiate a settlement at this point, particularly if a robust legal team represents you.
It is generally faster and more cost-effective to resolve matters without litigation, and an expert solicitor will be able to put together a sound case on your behalf, giving you the best chance of agreeing on an acceptable sum in compensation.
If the seller does not resolve the matter out of court, then a claim can be filed and your case will be listed for an initial directions hearing. The court will set out how the case will proceed, including making an order to disclosure information where necessary.
What Happens If Your Claim For Property Misrepresentation Is Successful?
The court has the power to order the seller to pay compensation, or in some cases, it may rescind the contract. This means that the property would pass back to the seller, and you would receive the purchase money back. It is more common for damages to be agreed upon.
A Recent Property Misrepresentation Case
In February 2025, the high court ruled that a property developer must return purchase money to buyers after failing to disclose a severe moth infestation at a £32.5 million London mansion he sold them. This is known as rescinding the contract, and the process aims to put the buyer back in the position they would have been in, but for the fraudulent misrepresentation.
The court found that the seller, Mr Woodward-Fisher, made fraudulent misrepresentations when he said he did not know of any vermin infestation or hidden defect.
The moths, which were present in the property’s wool insulation, damaged the buyers’ possessions. At least two pest control reports provided to Mr Woodward-Fisher before the sale detailed the infestation.
The judge made an order transferring the property back to the seller and the £32.5 million purchase price should be returned to the buyers, less a sum to cover the years they lived at the property.
The buyers were also awarded interest on the £32.5 million, payment for the costs of trying to tackle the infestation, the stamp duty land tax incurred and compensation for damage to clothes, as well as their substantial legal costs, in total, several million pounds.
Do You Need Property Misrepresentation Solicitors To Make A Claim?
Property misrepresentation claims are not straightforward complaints. They involve detailed legal analysis, expert evidence and a careful assessment of risk. While it is possible to raise issues directly with a seller, buyers who have suffered significant financial loss are strongly advised to seek specialist legal advice at an early stage.
An experienced property misrepresentation solicitor will assess not only whether a misrepresentation occurred, but also whether the claim is proportionate and commercially sensible. This includes evaluating:
- The strength of the available evidence
- The seller’s likely defences
- The scale of the financial loss
- The cost of expert reports and litigation
- The likelihood of recovering legal costs
Proceeding without proper advice can expose buyers to substantial unrecoverable costs, even where some wrongdoing has occurred. Our role is not simply to confirm whether a claim exists, but to advise whether it is worth pursuing in practice, and if so, how to do so with controlled risk and a clear strategy.
Is There A Time Limit For Property Misrepresentation Claims?
The usual time limit for beginning a property misrepresentation claim is six years from the transaction date.
If you do not discover the misrepresentation until later, the court can extend the time limit to three years from the date on which you discovered the misrepresentation, or you should have reasonably known about it.
If you believe you have a valid case, we recommend you take prompt action. It is easier to put together evidence while matters are still relatively fresh, and people have a clearer memory of what happened.
How Do You Protect Yourself From Property Misrepresentation Claims As A Seller?
If you are selling a property, you should carefully check all of the details, including the details put together by your estate agent and given to buyers.
The property information form, or TA6 is very detailed. You must consider each question carefully and answer honestly. If you are unsure what your answer should be, speak to your solicitor.
Giving the wrong answer can be an expensive mistake.
In a 2023 case, a case left a property seller with a large compensation bill after they stated their property had not been affected by Japanese knotweed. In fact, the invasive plant was present behind a shed in the garden, and experts indicated that it may have been up to two metres tall and was likely treated with herbicide at some stage.
The buyer attempted to negotiate a settlement, but the seller declined. The buyer claimed £32,000 for the cost of eradicating the plant and the reduction in the property’s value. When he won his case, the seller was also ordered to pay the buyer’s legal costs, which were estimated to be almost three times this sum. In addition, the buyer had his own legal costs to pay.
The buyer stated that if the seller had said it was not known whether Japanese knotweed was present, he would have investigated further.
Frequently Asked Questions – Property Misrepresentation Claims
Is every incorrect answer on a TA6 form grounds for a claim?
No. A claim only arises where the incorrect information has caused a material financial loss. Minor inaccuracies or issues that do not affect the property’s value or require significant expenditure will not usually justify legal action.
How much financial loss is needed to make a property misrepresentation claim worthwhile?
There is no fixed minimum, but as a general guide, claims involving substantial losses—often tens of thousands of pounds or more—are far more likely to be proportionate once legal costs and expert evidence are taken into account. Claims involving small sums are rarely commercially viable.
Can I claim if I would still have bought the property anyway?
Possibly, but it is more difficult. You must show that the misrepresentation affected the price you agreed to pay or caused you to incur additional costs you would otherwise have avoided. If the misrepresentation made no financial difference to your decision, a claim is unlikely to succeed.
Can I claim if the seller says they did not know the information was wrong?
Yes, in some cases. Sellers can be liable for negligent misrepresentation where they ought reasonably to have known the information was incorrect. However, genuinely innocent misrepresentation may limit the remedies available and affect whether the claim is worth pursuing.
Is property misrepresentation the same as surveyor negligence?
No. Claims against sellers for misrepresentation are different from professional negligence claims against surveyors or valuers. In some cases, both types of claim may arise, but they are assessed separately and against different parties.
Can I recover legal costs if my claim is successful?
In many cases, the losing party will be ordered to pay a substantial proportion of the successful party’s legal costs. However, costs recovery is never guaranteed, which is why proportionality and early legal advice are critical.
