header-logo header-logo

Misled by wrongs, baffled by rights

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

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

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll