header-logo header-logo

17 April 2008 / Anthony Judge
Issue: 7317 / Categories: Features , Property , Housing , Commercial
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll