Top 10 things to know about misrepresentation in property transactions

Below, our property disputes team outlines the top 10 things to know about misrepresentation in property transactions.

1. Misrepresentation Can Be Fraudulent, Negligent, or Innocent

Misrepresentation occurs when a seller provides false or misleading information that influences the buyer’s decision. It can be:

• Fraudulent – The seller knowingly provides false information
• Negligent – The seller fails to check the accuracy of their statements
• Innocent – The seller genuinely believes their information is correct.

A prime example is the recent case of Patarkatsishvili v. Woodward-Fisher [2025], where the seller failed to disclose a severe moth infestation, leading to a legal dispute. This has been widely reported in the national media.

2. The Moth Infestation Case: A Costly Example of Misrepresentation

In this High Court case, Iya Patarkatsishvili and Dr. Yevhen Hunyak purchased a £32.5 million Notting Hill mansion from William Woodward-Fisher. The seller had not disclosed a serious moth infestation, which later caused extensive damage to carpets, furniture, and clothing.

The court found that Woodward-Fisher was aware of the problem but did not disclose it. The buyers were awarded rescission of the contract (cancelling the sale) and compensation.

3. Sellers Must Disclose Known Defects

If a seller is aware of latent defects (issues that are not obvious upon inspection), they must disclose them, especially when responding to pre-contract enquiries. Failing to do so can result in legal action.

4. Misrepresentation Can Lead to Contract Rescission

As seen in Patarkatsishvili v. Woodward-Fisher, a buyer can request rescission of the contract, meaning the sale is reversed, and the seller must refund the purchase price. This is a powerful remedy in serious cases of misrepresentation.

5. Buyers Can Claim Damages for Financial Losses

Even if a buyer chooses to keep the property, they may claim compensation for losses, such as:

• Pest control and repairs
• The reduced value of the property
• Legal costs incurred due to misrepresentation.

6. Property Information Forms (TA6) Are Legally Significant

Sellers complete a TA6 Property Information Form before a sale. Providing false or misleading responses on this form, even unintentionally, can lead to legal action. In the moth infestation case, the seller’s failure to disclose the issue played a key role in the court’s decision.

7. Buyers Should Conduct Thorough Surveys

Before completing a property purchase, buyers should:

• Hire a professional surveyor to check for hidden defects
• Ask specific questions about past infestations, damp, or structural issues
• Insist on full written disclosures from the seller.

8. Silence Can Amount to Misrepresentation

Even if a seller does not actively lie, deliberate concealment of an issue (e.g., covering up damp, hiding pest problems) can be classed as misrepresentation.

9. Legal Advice is Crucial for Buyers and Sellers

Whether you are a buyer dealing with undisclosed defects or a seller facing a misrepresentation claim, seeking early legal advice can help resolve disputes efficiently.

10. Sellers Can Protect Themselves by Being Honest

To avoid legal action, sellers should:

• Disclose all known issues in the TA6 form and pre-contract enquiries
• Keep records of past repairs and pest control treatments
• Seek legal advice if unsure about disclosure obligations.

Final thoughts

The Patarkatsishvili v. Woodward-Fisher case highlights the serious consequences of misrepresentation in property transactions. Sellers must be transparent, and buyers should conduct due diligence to avoid costly surprises.

Contact our Property Disputes solicitors today

If you suspect misrepresentation or need legal advice, please get in touch with our specialist Property Litigation team by using our online enquiry form or calling 0330 404 0738.