The Georgian billionaire daughter has won a high court claim against the mansion vendor she bought for £32.5 million.
One of the most unusual disputes in recent property case law, this dispute will be bewildered many property agents and lawyers who help answer pre-contract enquiries about luxury property. 
Saga in 2019 saw Iya Patarkatsishvili and her dentist husband Yevhen Hunyak (main picture, inset) take Horbury Villa (main picture) on Ladbroke Road near Notting Hill, with real estate developer William Woodward- It started when I bought it from Fisher for £32.5 million.
He bought a house built in the 1850s in 2012 for £10.4 million, and renovated it with a significant extension of £10 million.
However, the new owner discovered that after moving, he had to kill about 100 moths per day to contain the intrusion.
During the High Court hearing, the couple's attorney allegedly stated that Woodward Fisher had incorrectly responded to three pre-contract inquiries, and the return of the money Patalkatzvili paid for the property, totaling 3,600. They sought both the cost and compensation that cost £1,000. .
Truth and honesty
A summary of the court's decision states, “In each case, it turns out that the defendant did not honestly believe the truth of his reply.
“This is because he knew there might or might be a serious invasion of Moth that would require removal of all the natural insulation in the house, and May 16th and June 25th, 2018. I've received and read at least two reports from pest control companies in 2018. In 2018, I informed his wife of the need to remove intrusion and intrusion insulation.”
Judge Funcourt is on his side with Patalkatzvili and Hunyak, and Woodward Fisher must pay back the purchase costs and “substantial” damages and the costs of travel that the couple will incur. This includes stamp duty of £3.75 million, plus the costs of eradicating Moth, legal costs and damage to expensive clothing collections.
Getting money from Woodward-Fisher may not be that clear – the court heard it cannot pay back £32.5 million as it was used to pay off a large mortgage for the mansion . Chelsea house.
Expert commentary
Georgina Muskett, Senior Associate of Charles Russell
“It's truly surprising, especially given the relatively broad nature of the enquiries and the time it took for buyers to end the purchase agreement, so it's really amazing that the judge effectively forced the seller to reclaim their property. is.
However, with fraudulent misrepresentation established, withdrawal (returning the purchase fee) was the main remedy.
“In the end, the buyers were able to convince the judge that they were not late, forcing the seller back the property and effectively “moth-ball” the sale agreement. .
After answering a direct investigation, the seller's reply must be given honestly.
“This case emphasizes the need for sellers to take maximum care and caution when considering replying to inquiries. The judge said that intrusion of insulation is a defect in the property and that it is a fire. I was clearly drawn to the argument that it is not clear in an inspection like moth. So, after answering a direct investigation, the seller's reply must be given honestly.
“The case turned on that fact, but the unintended consequence of this case may be that some sellers simply choose not to respond to certain inquiries at all. Taking such a stance, The sale can be at risk, but sellers should weigh that possibility against the relative possibilities of expensive, long litigation with the buyer.”
Read the judgment thoroughly.
