London Court Rules in Favor of Couple Over Moth-Infested Mansion – A Case of Mekach Ta’us?

In a remarkable legal decision, the High Court in London has ruled that a couple who purchased a £32 million mansion in Notting Hill can return the property and receive a refund due to a severe moth infestation. The court found that the seller, property developer William Woodward-Fisher, provided false information about the property’s condition and failed to disclose the infestation, leading to the claim of fraudulent misrepresentation.

The couple, heiress Iya Patarkatsishvili and her husband, Dr. Yevhen Hunyak, purchased the Victorian-era Horbury Villa in 2019. Shortly after moving in, they discovered a significant moth problem, with insects contaminating their children’s toothbrushes, cutlery, and food. Dr. Hunyak even described having to discard glasses of wine due to moths floating in them. The infestation was later traced to wool insulation within the walls and ceilings—something the couple had no knowledge of at the time of purchase.

From a halachic perspective, this case bears a striking resemblance to the Jewish legal principle of Mekach Ta’us (מקח טעות), which refers to a mistaken transaction. In Jewish law, if a buyer purchases an item under false pretenses or with a fundamental flaw that was unknown at the time of the sale, the sale can be nullified. The Rema (Shulchan Aruch, Choshen Mishpat 232:3) states that if a defect is discovered that significantly changes the value or usability of an item, the buyer has grounds to void the transaction.

In this case, the infestation severely impacted the livability of the mansion, making it uninhabitable in its intended luxurious state. Despite multiple pre-purchase inspections, the couple was unaware of the moth problem, which had previously required pest control efforts. They argued in court that had they known, they never would have proceeded with the purchase. Similarly, in Mekach Ta’us, if a buyer would not have agreed to the transaction had they known the defect, the sale is considered void.

The High Court’s ruling ordered the rescission of the sale, requiring Woodward-Fisher to refund the purchase price, minus £6 million to account for the couple’s time in the property. Additionally, he was ordered to pay £4 million in damages, covering costs such as £15,000 for ruined clothing and £3.7 million in stamp duty (land tax).