Misrepresentation can have significant legal implications, affecting both individuals and businesses. Whether you're seeking to void a contract, claim damages, or understand your rights under the Misrepresentation Act 1967, our highly experienced Dispute Resolution team will provide comprehensive support and advice to guide you through the complexities of a misrepresentation claim.
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How much can I claim?
If the contract can be rescinded, you will be entitled to a refund of the full purchase price, plus interest. If damages are sought instead, then the basic rule is the difference between the price paid and what should have been paid.
What type of misrepresentation claims can our solicitors help you with?
We can help you to pursue your right to rescind (unwind) a contract, or claim damages (compensation), in all types of misrepresentation claims including:
Fraudulent misrepresentation
This is where a deliberate falsehood is made, the contract can be rescinded and/or damages can be claimed. As you would expect, the damages available for fraudulent misrepresentation can be broader than in other types of misrepresentation cases.
Negligent misrepresentation
A negligent representation is made where the person making it could or should have known that it was false, but made it anyway. It is for them to show that they had reasonable grounds for believing it. Rescission (a contract being rescinded or stating that an agreement no longer exists) and damages are both available.
Innocent misrepresentation
If there is no fraud or negligence, it is possible to bring a claim for innocent misrepresentation. The right to damages is more restricted for innocent misrepresentation as they can only be awarded instead of rescission.
What is the best way to resolve a misrepresentation claim?
As soon as you believe that you may have a misrepresentation claim, it's important that you seek legal advice quickly. Statutory time limits will apply, which can impact your eligibility to make a claim.
The right to rescind an agreement can also be lost by the lapse of time, or if anything is done to ‘affirm’ the contract, it can also affect your eligibility. We can advise you comprehensively on your rights and the various ways in which you can pursue them to Court, or present solutions and strategies that can help you resolve the matter quickly and cost-efficiently using alternative dispute resolution methods, such as mediation.
What rights does the Misrepresentation Act 1967 give you?
From buying household goods to negotiating complex property transactions, the making of any agreement usually happens after a lot of things are said and promises are made.
Where the buyer relies on a statement made about something being bought and that statement turns out to be false, there can be a claim for misrepresentation.
In circumstances such as buying a house, or in business to business transactions, the protection of legislation such as the Consumer Rights Act does not apply.
Unsuspecting buyers who have wrongfully been caught can pursue a claim for misrepresentation under the Misrepresentation Act.
How to fund your misrepresentation case
To help clients manage the costs, our Dispute Resolution department offers a range of funding options. From traditional ‘pay by the hour’ arrangements to fixed fees in certain situations, our aim is to take the uncertainty out of the costs of litigating and, where appropriate, to share the risk with you.
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We can also offer you an initial fixed fee review and advice on the merits of your case. Click here to learn more about our fixed fee options.
Need to speak to a misrepresentation solicitor?
Our Dispute Resolution solicitors have a wealth of knowledge and experience in handling misrepresentation matters. They can give you thorough advice on the recoverability of legal costs as well as the steps that must be taken to resolve your case.
If you would like to speak to one of our solicitors, please complete the form below and we will be in touch to discuss your case in more detail with you.
