Q:Is inaccurate sales material a big deal?

Aug. 1, 2002
Yes. The Property Misdescriptions Act 1991 was brought in specifically to prohibit the making of false or misleading statements about properties for sale. It is an offence to make a false or misleading statement about certain matters in connection with selling properties and this covers agents and developers. It also does not apply only to businesses or bosses but employees may also be prosecuted. It governs any statement (including words said), pictures, models, show homes and anything else put out by the developer or the agent which is capable of containing a description about property. A &amp;“false&amp;” statement is one which is false to a &amp;“material degree&amp;”, which is perhaps not very helpful. A misleading statement is stated to be one which would cause a reasonable person to draw an incorrect inference. Both of those are subjective, but so far the courts have taken a strict view and found false or misleading statements on items which a developer might be forgiven for thinking are immaterial or obvious or easily verifiable by the purchaser.<p></p><p> Disclaimers may have only limited legal effect - they must be bold, precise and as compelling in effect as the statement to which it relates and must …

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