NO DUTY TO DISCLOSE HISTORY OF PROPERTY

Sykes v Rose [2004] EWCA Civ 299 (unreported, 27 February 2004)

In Sykes v Rose [2004] EWCA Civ 299 (unreported, 27 February 2004) the Court of Appeal held that the vendor of property was not under a duty to disclose the history of the property sold. Further, it was held that the vendors were not guilty of misrepresentation when they had answered ‘no’ to the following question: ‘is there any other information which you think the buyer may have a right to know?’ The question required that the vendor to give an honest answer to the question: it did not require the vendor to have reasonable grounds for his or her belief.