Developer uses innocent misrepresentation to escape completion

Author: Chris Alexander

Misrepresentation claims in property transactions are notoriously difficult to succeed with. When the recession hit, I saw an increase in clients wanting to explore misrepresentation claims as a means of escaping the consequences of contracts that they had entered into, alleging that the agents had promised them the earth but that the vendor had only contracted to provide them with the moon.

The best way to protect yourself against these circumstances is always to ensure that the contract fully reflects the parties expectations and if some of those expectations are not going to feature in the contract that everyone is at least aware of this. However, there will always be some circumstances where a disagreement will emerge some time after exchange of contracts…

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