Don't over exaggerate
Series: Estates Gazette ; (0438) 18 September 2004, 163(1)Publication details: 2004Subject(s): Summary: Examines in the second part of a two-part article (see also Abs68276) the provisions of the Property Misdescriptions Act 1991 which deem that any agent describing a property in a false or misleading way is committing a criminal offence. The Act does not focus just on estate agents' sale particulars but covers a much wider area to include oral as well as written statements, which may consist of pictures or any other way of signifying meaning. In "Lewin v Barratt Homes Ltd" (QBD, Abs61839), a show house was held to be a misleading statement. Looks at misleading statements where the agent's failure to disclose the whole truth can make its descriptions misleading as in "Enfield LBC v Castles Estate Agents Ltd" (QBD, Abs56771), where the sales particulars suggested wrongly that the building described as a bungalow in the grounds of the property for sale had planning consent for residential use. Considers the role of disclaimers and the nature of due diligence and other forms of defence against agent liability.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS68277 (Browse shelf(Opens below)) | 1 | Available | 127530-1001 |
Examines in the second part of a two-part article (see also Abs68276) the provisions of the Property Misdescriptions Act 1991 which deem that any agent describing a property in a false or misleading way is committing a criminal offence. The Act does not focus just on estate agents' sale particulars but covers a much wider area to include oral as well as written statements, which may consist of pictures or any other way of signifying meaning. In "Lewin v Barratt Homes Ltd" (QBD, Abs61839), a show house was held to be a misleading statement. Looks at misleading statements where the agent's failure to disclose the whole truth can make its descriptions misleading as in "Enfield LBC v Castles Estate Agents Ltd" (QBD, Abs56771), where the sales particulars suggested wrongly that the building described as a bungalow in the grounds of the property for sale had planning consent for residential use. Considers the role of disclaimers and the nature of due diligence and other forms of defence against agent liability.