Judge orders property sale reversal following moth infestation

April 7, 2025

Judge orders property sale reversal following moth infestation

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By Siôn Fôn

When it comes to property sales, it’s imperative that frank and honest replies are given by sellers in order to avoid costly consequences.

At Darwin Gray, our property disputes experts regularly advise property owners and occupiers, housebuilders, developers and managing agents on what can be complex and sensitive claims.

Recent case

In the recent case of Patarkatsishvili-v-Woodward-Fisher- a high Court Judge heard that a couple purchased a £32m mansion that was, unbeknown to them, infested with moths. The Buyers claimed that the moth infestation was so severe that it had caused thousands of pounds worth of damage to their clothing and other items.

The Buyers brought a claim to the Court seeking to have the transaction overturned and reimbursement for the damage they suffered. Their claim was successful and the Judge ruled that the Seller had given false information responding to a question about a possible vermin infestation, stating that there was none. The Judge stated that the Seller had a duty to disclose the existence of the moth infestation to the Buyer and that not doing so amounted to fraudulent misrepresentation which allowed the aggrieved Buyer to bring a claim.

The common term “Buyer beware” has led to many sellers giving ambiguous answers to buyers’ enquiries in order to avoid giving away too much, or simply stating that the Buyer must rely on their own surveys and inspection. However, this case highlights the risk sellers’ face if they mislead buyers by withholding information that could deter them from completing the purchase.

Although the Court ruled that there was no deliberate intention to deceive the Buyers in this case, the Seller did not disclose the information which they knew could cause the Buyers to reconsider their purchase. The Judge ordered for the sale transaction to be reversed, in addition to ordering the reimbursement of the Buyers legal costs and damage caused by the moths to clothing, food and furnishings.

The lessons learnt

When selling any property, a Seller must be open and honest with their replies, ensuring that they disclose any important issues and don’t withhold very relevant information. Any information and responses that are given that are subsequently relied on by a Buyer when making their purchase decision can be relied upon when making a claim for damages.

If you have a property or boundary dispute that you require assistance on, get in touch with one of our expert property disputes solicitors using our contact form, or via 02920 829 100 to see how we can help you and your business.