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Alice H
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2850
Experience:  Partner in national law firm with 20+ years legal experience
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I recently purchased a leasehold apartment. The seller filled

Customer Question

I recently purchased a leasehold apartment. The seller filled out and signed form TA6 and in answer to question 4.2(d) "Electrical work since 1st Jan 2005" they ticked the No box. In fact a new kitchen had been fitted and new electrical work done.I have had this confirmed by having an Electrical Installation Report carried out and this has highlighted immediate remedial work to be carried out, in particular, the main cooker isolation switch is illegal and needs to be moved.Had they ticked the Yes box my conveyancing solicitor would have looked for the relevant certificates.Not producing these would have held up or stopped the sale.I have contacted the sellers through their solicitors but they are not taking any responsibility. What are my options?
Submitted: 3 years ago.
Category: Property Law
Expert:  Alice H replied 3 years ago.
My name is ***** ***** I'm happy to help with your question today.
This lack of disclosure is misrepresentation which gives rise to a claim for breach of contract.
You are entitled to be compensated for the breach including damages to cover the remedial work.
Their failure to respond means that you may have no option but to start legal proceedings.
It would be advisable to send a letter before action first setting out the exact basis of your claim and giving a breakdown of the amount of damages you seek.
Ideally you should get a solicitor to write the letter as this may prompt a response.
But if no response is forthcoming you will have to start proceedings in the County Court to recover you losses.
Alex
Alice H and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

would this breach of contract enable me to seek redress back to the position I was in before the breach occurred..I realise this is extreme but would it be feasable? James

Expert:  Alice H replied 3 years ago.
The Misrepresentation Act 1967 deals with your rights for breach of contract based on misrepresentation.
One of the remedies is rescission i.e. to put you back in the position you were in before the contract was entered in to.
Generally, a person is not entitled to both rescind the contract and to claim damages.
However, you may be entitled to monetary recompense if you incurred other expenses whilst bound by the contract.
A person may lose the right to rescind the contract if they discovered the misrepresentation and then expressly continued with – or affirmed - the contract.
Rescission may also not be available if it has subsequently become impossible to return the parties to the position they were in before the contract.
So, in theory, yes it is possible to rescind the contract and go back to the position you were in before the contract was signed.
Customer: replied 3 years ago.


Thank you that was very helpful.....James

Expert:  Alice H replied 3 years ago.
My pleasure. Have a great day and good luck sorting out the problem. Alex