Not So Far As Aware... Or Are You?

In this special audience Q&A episode of Unpacking the Case, we're answering your questions about misrepresentation, pre-contract enquiries and avoiding liability in property transactions.

Hosts Richard and Lizzie explore the meaning of phrases such as "not aware" and "to the best of the seller's knowledge", discuss what counts as "reasonable steps" when responding to enquiries, and examine issues ranging from dry rot and neighbour disputes to asbestos reports and building safety.

The episode also looks at the challenges faced by sellers with limited knowledge, including trustees, housing associations and probate sellers. Richard discusses CPSE replies, auction conditions, boundary disputes, buyer investigations and the continuing role of caveat emptor in modern transactions.

Finally, we tackle some specialist questions on the Building Safety Act, Higher-Risk Buildings Register, septic tanks, and the impact of the Digital Markets, Competition and Consumers Act.

Relevant cases:

William Sindall plc v Cambridgeshire County Council [1993]