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Iya Patarkatsishvili and Dr Yevhen Hunyak have successfully sued property developer Mr William Woodward-Fisher due to the condition of an early Victorian Notting Hill property they purchased for £32 million in May 2019.
As soon as the couple moved into the property, they started to notice signs of a serious moth infestation which damaged their clothes and ruined their wine collection.
During the hearing, it was claimed Mr Woodward-Fisher made “fraudulent misrepresentations” when he stated he did not know of any vermin infestation or any hidden defect in the property in the pre-contract enquiries.
In actual fact, Mr Woodward-Fisher knew about the serious moth problem, as at least two reports from pest control companies had detailed the infestation before the sale.
Mr Woodward-Fisher argued that he had previously been advised that moths were not vermin and that was why he did not highlight the issue in the pre-contract enquiries.
The High Court Judge, Mr Justice Fancourt, ruled that Mr Woodward-Fisher had given “false” answers about the state of the property and failed “honestly to disclose” the “serious infestation”. Mr Justice Fancourt acknowledged that Mr Woodward-Fisher did not intentionally try to deceive the couple, but he “simply wanted to sell the house and move on” and that disclosure of the infestation would cause the sale to collapse.
The sale was rescinded and Mr Woodward-Fisher was required to reimburse the couple the £32 million purchase price, minus £6 million to take into account the years the couple did live in the property.
Mr Justice Fancourt also awarded “substantial damages” which included £3.7 million in stamp duty land tax, the costs incurred by the couple in seeking to eradicate the infestation, and £15,000 for their ruined clothes.
It is hoped that this case will serve as a warning to unscrupulous sellers who seek to take advantage of the principle of buyer beware to sell properties by concealing known defects.
If you would like to discuss whether you have been mis-sold a property due to a seller’s misrepresentations on the condition of the property, please contact us on 0121 355 0011 for a free, no obligation discussion to see how we may be able to help you.
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