Misrepresentation Claim Calculator UK 2025 — Rescission, Damages & Your Rights
Misrepresentation is a false statement of fact that induces you to enter a contract. If you bought a property, business, car, or entered any agreement based on false information provided by the other party, you may have a claim under the Misrepresentation Act 1967 or in common law. This calculator assesses your claim and estimates what you could recover.
Misrepresentation Act 1967: damages available for negligent and innocent misrepresentation. Fraudulent: all consequential losses recoverable. Limitation: 6 years from contract, or (for fraud) from discovery. Rescission may be barred if: third party rights acquired; too much time has passed; or affirming conduct. Take legal advice before contacting the other party.
The Three Types of Misrepresentation
| Type | What it means | Remedy | Burden of proof |
|---|---|---|---|
| Fraudulent | Known to be false, or made recklessly without belief in truth | Rescission + all direct and consequential losses | Claimant must prove dishonesty |
| Negligent (s.2(1) MA 1967) | False, and no reasonable grounds for belief it was true | Rescission + damages (as if fraudulent) | Representor must disprove negligence |
| Innocent (s.2(2) MA 1967) | False, but honest and reasonable belief in truth | Rescission (court may award damages in lieu) | Damages at court’s discretion only |
Rescission — What It Means and When It Is Available
Rescission means unwinding the contract entirely — you return what you received and the other party returns what they received. It is the most powerful remedy as it puts you back to where you were before the contract. However, rescission is not always available:
- Affirmation — if, once you discover the misrepresentation, you continue to perform the contract or treat it as subsisting, you may affirm it and lose the right to rescind.
- Lapse of time — for innocent misrepresentation, the right to rescind may be lost if too long has passed.
- Third party rights — if an innocent third party has acquired rights in the subject matter (e.g. purchased the property from you), rescission may be impossible.
- Restitution impossible — if the property has been significantly altered, consumed, or destroyed, full restitution may not be possible (but partial rescission and adjustment is sometimes available).
Property Misrepresentation Claims
Property sales are a common source of misrepresentation claims. The seller must complete a TA6 Property Information Form truthfully. False statements about: planning permissions; neighbour disputes; known defects; flooding history; building works; environmental issues; or any other material matter can give rise to a misrepresentation claim. Solicitors’ negligence is a separate issue if the buyer’s solicitor failed to identify a disclosed problem.
Frequently Asked Questions
Pre-contractual representations (made before the contract is signed) can be misrepresentations even if the contract is later signed “subject to contract.” What matters is whether the false statement of fact induced you to enter the final contract. Entire agreement clauses in the contract sometimes attempt to exclude liability for pre-contractual misrepresentations, but these are subject to the reasonableness test under UCTA 1977 and the Consumer Rights Act 2015.
Yes, if you bought from a dealer (not a private seller). A dealer who misrepresents a car’s condition, mileage, service history, or ownership is liable under both the Misrepresentation Act 1967 and the Consumer Rights Act 2015 (goods must be as described). Private sellers have more limited liability — they are liable for fraud and misrepresentation if they make false statements, but the Consumer Rights Act only applies to business sellers.