Our Property Litigation team, namely Partner Nyree Applegarth and Associate Lauren Moult, recently achieved an excellent outcome for a client facing a highly stressful, long-running misrepresentation claim spanning approximately 10 months.
Background to the misrepresentation claim
Our client, acting as executor of her late mother's estate, sold her mother’s property in what she had expected to be a straightforward transaction. Months later, however, the purchasers sent a detailed Letter of Claim alleging misrepresentation in relation to the sale, stating that our client had not provided information about long-running disputes with other tenants within the property.
The claim was substantial, with the purchasers initially seeking rescission of the sales contract (as if the purchase had not taken place) and then seeking in excess of £413,000 in financial damages from our client.
Our approach
Recognising both the legal and emotional pressure this placed on our client and the beneficiaries of the estate, we engaged in a robust and proactive strategy over the following ten months, during which we also, at times, sought the expertise of our commercial litigation and contentious probate teams.
Our approach was as follows:
- Careful analysis of the evidence and allegations
- Taking thorough instructions from our client and providing our advice throughout
- Robust correspondence, challenging the claimants’ position and refuting the allegations
- Targeted negotiations to narrow the issues and explore realistic settlement options through many letters back and forth
- Clear and calm communication to guide our client through every stage of the process
Throughout the matter, we remained focused on protecting our client’s position while avoiding unnecessary cost or escalation to Court.
Outcome of the case
Following intensive negotiations, we agreed our client only had to pay the other side £15,000, a dramatic reduction from the £413,000 initially sought. This agreement was formally drawn up as a Settlement Agreement and signed by both parties.
Our client was extremely relieved and happy with the outcome, expressing her appreciation for the support provided throughout the matter.
“I’d like to thank you for all your work over the past ten months on my misrepresentation case. It was so nice to have a friendly and reassuring voice on the other end of the phone. I did feel overwhelmed at times… and I did then really appreciate your calm guidance during our video calls.”
Conclusion
This case demonstrates the value of strategic correspondence, persistent negotiation, and clear client communication in resolving complex, high-value property disputes. We were able to avoid Court proceedings for our client and bring a long-running matter to a positive and efficient conclusion.
