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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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