Sellers aim to showcase their homes in the best light to attract buyers. However, hastily concealing damp issues with superficial fixes like Polyfilla and paint can prove to be a costly mistake.

Damp problems vary in severity, ranging from minor condensation to severe structural threats. Selling a property with undisclosed damp issues can significantly devalue the home, incur substantial repair costs, and cause delays in the sales process.

Despite the temptation to conceal dampness, it’s advisable for sellers to address the issue upfront. Failure to do so can lead to legal repercussions, as fraudulently concealing damp problems can result in litigation even after the sale is finalised.

A case recently brought before the High Court, that highlighted the proof and consequences of not disclosing or attempting to hide evidence of damp with Polyfilla and repainting, was argued based on the rule: “where a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud… “a wilful abstention from establishing the true facts does not constitute a lack of knowledge”

 

The case:

 

What the buyer must prove:

 

Consequently, the buyer had to establish fraud, by proving two things:

The court awarded damages to the buyer, emphasising the importance of full disclosure and honesty in property transactions. In conclusion, it’s far more beneficial for sellers to repair damp problems or disclose them upfront when selling their house in order to avoid costly legal consequences and uphold integrity in the sales process.

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