Following their withdrawal from the transaction, Mr and Mrs A (the Potential Buyers) complained that the Agent had not divulged the full details of a local farmer’s tenancy claim for occupancy of all of the land attached to the property. Mr and Mrs A said the sales particulars had not included any reference to the dispute, yet the Agent had been aware of the problem six months before they began marketing the property as the farmer’s representative had written to the Agent setting out the claim. The Potential Buyers also asserted that the Agent had failed to divulge the extent of the land that the farmer was
claiming a tenancy on when they asked the Agent a direct question during the first viewing. The Agent acknowledged that they had received the letter, but said that, as it was unclear whether the farmer had any valid claim on the land, they did not include any details in the sales particulars.