Buying Commercial Property · glossary
A false statement of fact that led the buyer into the contract, such as a wrong written reply. The buyer may rescind the contract or claim damages. Silence is not a statement, and a clause limiting liability must be reasonable and can never cover fraud. Chapter 5 · see Enquiries, Rescission
Explained in Chapter 5, Enquiries, Survey and the Price, of Buying Commercial Property.
The main page for this term is Misrepresentation, in English Law Basics.
A false reply that leads the buyer into the contract is a misrepresentation. It lets the buyer rescind (undo) the contract or claim damages under the Misrepresentation Act 1967. Silence is not a statement, though. So Holmfield may say nothing about the roof, but whatever it does say must be true.Read Chapter 5, Enquiries, Survey and the Price →
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