000			01891cam a2200325 4500
001			ABS68276
008			040927n2004 000 0 eng u
035			_a(Sirsi) u127529
100			_aMurdoch, J.
245		2	_aA threadbare blanket
260			_c2004
490			_aEstates Gazette _v(0437) 11 September 2004, 141(1)
520			_aExamines in the first part of a two-part article (see also Abs68277), the incomplete protection against estate agent or vendor misrepresentation afforded to purchasers by the law. Considers claims against the vendor, in particular the courts' view that any misdescription by the agent takes effect as a statement authorised by the vendor whether or not it has been so authorised. Points out the serious drawback to the purchaser presented by the no authority clause defence where a standard clause in the sales particulars absolves the vendor or agent of any authority to make or give any representation or warranty whatever in relation to the property. Looks also at possible claims of negligence against the agent who must surely owe a duty of care to potential purchasers not to mislead them, although such claims can be difficult to prove as in "McCullagh v Lane Fox and Partners Ltd" (CA, Abs55237), where the agent's disclaimer of responsibility in the sales particulars defeated the purchaser's negligence claim against him.
590			_aABS
590			_aABS
650			_aGOSLING V ANDERSON
650			_aMISSTATEMENT
650			_aDUTY OF CARE
650			_aMCCULLAGH V LANE FOX AND PARTNERS LTD
650			_aSALE PARTICULARS
650			_aVENDORS
650			_aMISDESCRIPTION
650			_aPURCHASERS
650			_aAGENTS
650			_aUNFAIR CONTRACT TERMS ACT 1977
650			_aMULLENS V MILLER
650			_aCOLLINS V HOWELL-JONES
690			_aPROPERTY AND LAND LAW-AGENCY-RESIDENTIAL-CASE LAW
942			_n0
999			_c118057 _d118057