000			01873cam a2200301 4500
001			ABS68277
008			040927n2004 000 0 eng u
035			_a(Sirsi) u127530
100			_aMurdoch, J.
245			_aDon't over exaggerate
260			_c2004
490			_aEstates Gazette _v(0438) 18 September 2004, 163(1)
520			_aExamines 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.
590			_aABS
590			_aABS
650			_aFALSE STATEMENTS
650			_aMISLEADING STATEMENTS
650			_aSTRICT LIABILITY
650			_aDISCLAIMERS
650			_aDUE DILIGENCE
650			_aSALE PARTICULARS
650			_aPROPERTY MISDESCRIPTIONS ACT 1991
650			_aPROPERTY MISDESCRIPTIONS ACT 1991 S2
650			_aLEWIN V BARRATT HOMES LTD
650			_aENFIELD LBC V CASTLES ESTATE AGENTS LTD
690			_aPROPERTY AND LAND LAW-AGENCY-RESIDENTIAL-CASE LAW
942			_n0
999			_c118058 _d118058