Legal
Dishonest Seller pays £36m for moth-infested mansion and learns ‘Honesty is the Best Policy’
Buying a home is one of life’s biggest investments — but when sellers hide key information from their buyers, they are bound to face the consequences of their actions.
A recent High Court ruling over a £32.5 million London mansion proved this when the seller failed to disclose that the property was infested with moths.
Horbury Villa, a luxury home in Notting Hill was bought by Iya Patarkatsishvili and her husband in May 2019. Shortly after moving in, they discovered a severe moth infestation, which was later recognised to be a result of the property’s wool insulation. The couple filed a claim against the seller arguing that he provided false information and failed to disclose the infestation.
The Court overturned the sale, ordering the seller to reimburse the couple for the purchase price and pay an additional £4 million in damages.
This case is key in showing that whilst the ‘buyer beware’ principle is long established in conveyancing transactions, and buyers should still carry out their due diligence, this does not protect sellers should they decide to mislead potential buyers and provide them with false information. Should a seller take that risk, they can face severe legal and financial consequences.
Shah Al Hoque, a Trainee Solicitor in the residential property team, said:
“Buying or selling a property is one of the largest transactions a person will carry out in their life but it is vital that honesty is practiced on both sides of the conveyancing process to ensure the matter progresses with little to no delays and there are no unforeseen consequences for either party.
Whether you are a seller or a buyer, the Residential Property Team are here to assist you and to ensure your conveyancing transaction is as smooth as possible.”