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Misrepresentation
This article deals with a number of issues that arise when buying and selling property:“Not so far as the seller is aware” – what exactly does this phrase mean? Is it safe to use it?
Missing fixtures that were there on inspection and which have been lifted prior to exchange - is there any liability if the seller does not tell the buyer that they have been taken away?
Do exclusion clauses work?
Do entire agreement clauses work?
If there is a misrepresentation, will the contract be rescinded or will the court award damages in lieu? Gary Webber
December 2007
Starting point
When confronted with a misrepresentation issue the two core provisions to have in mind are s2 of the Misrepresentation Act 1967 and the terms of the contract, the key provisions of which will usually be solely contained in standard conditions.
Misrepresentation Act 1967
Section 2(1): of the 1967 Act is in the following terms:“Where a person has entered into a contract after a misrepresentation has been made to him by another party thereto and as a res ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW
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