The Misrepresentation Act 1967 and how it can affect you!

It is common place nowadays to be told that if you make false statements, especially when applying for insurance, that the contract may be void.

So it is surprising to find that this currently does not apply to replies (statements) from a vendor to preliminary sales enquiries as these are not normally deemed part of the contract. However, you can insist that any reply to the standard TA6 form is incorporated as a term of the contract and also ask direct questions regarding the state of the property.

And remember, words, written or spoken, may constitute a statement. So may a picture of premises conveying information about their use as well as conduct, which is the important part here, such as filling in the cracks so as to make it more difficult for the purchaser to detect problems with the foundations of a building or having a builder conceal the signs of an active outbreak of dry rot or rising damp before putting the property on the market.

Kernon and Kelleher solicitors are currently working on an addendum to the TA6 form which we will publish in another blog, hopefully soon - watch this space!