Can I sue a vendor for misrepresentation of property sale

niallmckenna

Hi,

I have seen a few posts on the forum regarding similar queries but hoped for some advice.

I am in the process of buying a property and having had a survey completed, a large Japanese Knotweed infestation was found in an adjoining path behind the property and neighbouring gardens. Having seen the surveyor's photos of the infestation it is pretty extreme and hard to miss. The plant is overhanging the garden wall and the surveyor made note of the fact the current occupier had cut some of the plant and left the cuttings on the lawn. 

I'm aware of the update to legislation in 2020 regarding JK and the fact that the vendor must state on the TA6 form whether JK is present on or around the property. The vendor is legally advised to state 'Unknown' unless they have had a JK survey done to be absolutely positive it does not exist. 

My vendor stated 'No' on the TA6 form. However having detected it in the survey I have done some of my own due diligence and reviewing the photos of the property in the original advert as well as the EA's virtual tour where on closer inspection you can clearly see JK in the neighbouring garden, adjoining path and what looks like a small sprouting plant in the actual garden of the property. 

Further to this, a previous sale on the property had fallen through 6 months previously (EA yet to clarify why). In hindsight the vendor's behaviour has led me to question everything and it's clear to me he had been lying as he wanted us to use the same conveyancers and had been pushing for a quick sale.

Since discovery, we have raised all of this with the EA and the vendor. The vendor played dumb and acted surprised to learn the JK was there. 

He has agreed to put a treatment plan in place, however there were other issues raised in the survey and we have asked to renegotiate the price quite considerably. We feel the value of the property will be affected by the stigma of the JK and as it's mostly in neighbouring land we have little control over it even with a treatment plan in place for it with the neighbours. 

At the moment, the vendor thinks our valuation is unfair. We are prepared to walk away from the sale if unable to reach agreement, however would we have grounds legally to sue the vendor for misrepresentation on the TA6 form in order to reclaim the expenses so far (conveyancer, survey, searches etc.) plus the waste of our time given our mortgage agreement in principle is only valid for another 2 months and we will likely lose the good deal we had agreed given the interest rates situ at the moment?

Any advice is appreciated.

MorningcoffeeIV

There's nothing to sue for.

You're aware if the issues and have not yet bought the house.

niallmckenna

Despite the vendor and EA having misled me on the TA6 form, and wasting my time and £4k in expenses by not being honest?

ThisIsWeird

Just renegotiate if needed, and check the treatment plan they are putting in place. 
Who owns the other affected land? That'll surely need treating too?

JK - and a previously lost sale ( tho' we don't know why) - could be a good opportunity for a keen price.

Jonboy_1984

There is no contract until exchange, just a provisional sale with details being confirmed, so nothing to sue for.

The surveys and enquiries are the due diligence process for you to ensure the property is right for you.

niallmckenna

The path isn't owned by anyone but all the properties adjoining it have shared access. My solicitor had asked about the ownership to path before the survey was done and the vendor was very keen to stress he didn't own it. The other affected area is a neighbour's garden. The vendor said he has spoken to the neighbour's and is putting a treatment plan in place. 

We are trying to renegotiate but the vendor at the moment isn't satisfied with our new offer and it may fall through.

CSI_Yorkshire

You have no legal case.

There has been no breach of any contract, just you deciding there was bad faith in pre contract negotiation.

Renegotiate, fine.  Sue, no chance.

TBG01

niallmckenna said:

Despite the vendor and EA having misled me on the TA6 form, and wasting my time and £4k in expenses by not being honest?

The EA knows little to nothing about the property. They do not act for you.

Louder for those at the back:

THE ESTATE AGENT ACTS FOR THE SELLER. THEY ONLY GET PAID AT COMPLETION OF THE TRANSACTION. THEY ARE NOT GOING TO JEOPARDISE THAT SWEET COMMISSION BY ACTING IN THE BEST INTERESTS OF THE BUYER.

Anywhoo, the onus is on the buyer to do their due diligence which thankfully you've done, and now are well aware of the issues.

If on the other hand you hadn't done your due diligence and it turned out AFTER completion that there was issues, then yes you might have a case for misrepresentation, but suing is a long winded costly process.

It's not an episode of Coronation St where you can throw out the word sue and have a brown bag of cash your way the next day.

Also on suing them for time wasted. If you had gotten months down the line and decided to pull out, would you entertain them suing you?

pinkshoes

niallmckenna said:

Despite the vendor and EA having misled me on the TA6 form, and wasting my time and £4k in expenses by not being honest?

£4k in expenses?!?! This is rather high!

They may not have deliberately mislead you. The EA probably doesn't know anything. If the sale fell through 6 months previously (so in Jan/Feb) then the JKW would not have been easily visible and could have easily looked like some bamboo shoots, so it might not have been down to this, especially as the vendor was willing to start a treatment plan.

How far away is it from the house? I'd be negotiating a decent discount due to this, as you'll need to pay for ongoing treatment, and it might increase the cost of your home insurance.

What you need to do is formally inform the EA in writing that there is JKN present. That way they'll then need to notify any future buyer about it. 

MultiFuelBurner

What was your accepted offer and how much have you now offered with the JK and other issues from the survey?

[Deleted User]

If they vendor lied on the form and you spent money on a survey after reading it, you could potentially claim that cost back. Same with solicitor fees etc.

The difficulty is proving that they lied.