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17 April 2008 / Anthony Judge
Issue: 7317 / Categories: Features , Property , Housing , Commercial
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Misled by wrongs, baffled by rights

What redress is available to a misled property buyer? Anthony Judge investigates

Recently there has been much interest in the regulation of estate agents. In February the Office of Fair Trading (OFT) issued proceedings against Foxtons under the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) in connection with the contracts they issue to their landlord clients. There has been a flurry of prosecutions against agencies for “flyboarding”—agencies erecting “sold” or “to let” signs without instructions to do so. There was also a warning in January from the Law Society that solicitors were losing work because some estate agents insist that clients use their own Home Information Pack (HIP) provider. A recent case has heightened interest in this sector.

The Buchanan Case

In Lancashire County Council v Buchanan [2004] EWHC 3194 (Admin), an estate agent was cleared of offences under the Property Misdescriptions Act 1991 (PMA 1991). Under s 1, it is an offence to make a false or misleading statement about

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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