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Lancashire CC v Buchanan [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2007] EWHC 3194 (Admin), 7 November 2007. A judge was found to be right to find that a trading standards officer did not have reasonable grounds to suspect that an estate agent had made a false or misleading statement as regards a property contrary to the Property Misdescriptions Act 1991. Appellant local authority appealed against a decision that trading standards officer (L) did not have grounds to suspect property agent (B) of making a misleading statement as regards the sale of a property. B offered a property for sale featuring a garden, over which any prospective purchaser would have sole use. A prospective purchaser discovered that the vendor did not in fact have a possessory title to the garden, withdrew his offer and contacted L. L then contacted B, who provided letters from the previous owner and other members of the community saying that the property enjoyed sole use of the garden (as originally claimed). L demanded to see papers regarding to the sale of the property and B refused, leading to L charging him under the aforementioned act. Held: appeal dismissed. The judge found that the original judge had been correct to dismiss L's case, as there were no grounds for reasonable suspicion of B. B was selling a property for the vendor that seemed to come with a garden - this was not disputable. B, however, did not claim to the quality of the vendor's title over said garden and this is where any inference had to end. In addition to this, the previous owner had held possession of the garden for several years and there was no reason to presume that this right had not been transferred to the new vendor.
Holdings
Item type Current library Call number Copy number Status Barcode
Book Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 146356-1001

[2007] EWHC 3194 (Admin), 7 November 2007. A judge was found to be right to find that a trading standards officer did not have reasonable grounds to suspect that an estate agent had made a false or misleading statement as regards a property contrary to the Property Misdescriptions Act 1991. Appellant local authority appealed against a decision that trading standards officer (L) did not have grounds to suspect property agent (B) of making a misleading statement as regards the sale of a property. B offered a property for sale featuring a garden, over which any prospective purchaser would have sole use. A prospective purchaser discovered that the vendor did not in fact have a possessory title to the garden, withdrew his offer and contacted L. L then contacted B, who provided letters from the previous owner and other members of the community saying that the property enjoyed sole use of the garden (as originally claimed). L demanded to see papers regarding to the sale of the property and B refused, leading to L charging him under the aforementioned act. Held: appeal dismissed. The judge found that the original judge had been correct to dismiss L's case, as there were no grounds for reasonable suspicion of B. B was selling a property for the vendor that seemed to come with a garden - this was not disputable. B, however, did not claim to the quality of the vendor's title over said garden and this is where any inference had to end. In addition to this, the previous owner had held possession of the garden for several years and there was no reason to presume that this right had not been transferred to the new vendor.