The seller of land, when answering questions, can no longer rely on the motto “when in doubt say nowt”, but must give the truth, the whole truth, and nothing but the truth. So says Jeremy Lloyd, property support lawyer at Stevens & Bolton, in
The case generated huge press coverage as it involved a standard house sale that eventually led to court and to the sellers being ordered to pay to the buyers £67,000 in damages. When answering the question as to whether any disputes existed between the sellers and their neighbours, the sellers replied “no”. In fact, the buyers inherited a long-running dispute. They consequently sued the sellers for fraudulent misrepresentation. And won.
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The seller of land, when answering questions, can no longer rely on the motto “when in doubt say nowt”, but must give the truth, the whole truth, and nothing but the truth. So says Jeremy Lloyd, property support lawyer at Stevens & Bolton, in Nothing but the truth Estates Gazette 4 October 2003, p146, which analyses McMeekin v Long [2003] 29 EG 120.
The case generated huge press coverage as it involved a standard house sale that eventually led to court and to the sellers being ordered to pay to the buyers £67,000 in damages. When answering the question as to whether any disputes existed between the sellers and their neighbours, the sellers replied “no”. In fact, the buyers inherited a long-running dispute. They consequently sued the sellers for fraudulent misrepresentation. And won.
