Incorrect estate agents brochure

googler

However, in relation to the EA's brochure, I'd suggest the relevant legislation is the Properties Misdescriptions Act 1991, and the relevant sections therein are (with some edits);

1.Offence of property misdescription.
2.Due diligence defence.

1Offence of property misdescription

(1)Where a false or misleading statement about a prescribed matter is made in the course of an estate agency business or a property development business, otherwise than in providing conveyancing services, the person by whom the business is carried on shall be guilty of an offence under this section.

(2)Where the making of the statement is due to the act or default of an employee the employee shall be guilty of an offence under this section; and the employee may be proceeded against and punished whether or not proceedings are also taken against his employer.

(5)For the purposes of this section—
(a)“false” means false to a material degree,
(b)a statement is misleading if (though not false) what a reasonable person may be expected to infer from it, or from any omission from it, is false,
(c)a statement may be made by pictures or any other method of signifying meaning as well as by words and, if made by words, may be made orally or in writing,
(d)a prescribed matter is any matter relating to land which is specified in an order made by the Secretary of State,


2Due diligence defence

(1)In proceedings against a person for an offence under section 1 above it shall be a defence for him to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2)A person shall not be entitled to rely on the defence provided by subsection (1) above by reason of his reliance on information given by another unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular—
(a)to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information, and
(b)to whether he had any reason to disbelieve the information.

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So; is the installation of audio equipment a 'prescribed matter' in this context, and

Was it reasonable for the EA to rely on the info given by the builder when compiling their brochure? Was that sufficient 'due diligence', or should the EA have checked that the system was installed as specified prior to compiling the brochure?

Discuss.

googler

Not actual legislation, but a Govt guidance note at

http://www.bis.gov.uk/files/file25449.pdf

What in General do the Act and the Order require?

Essentially the Property Misdescriptions Act 1991 makes it an offence to make false or misleading statements about specified aspects of land (which includes buildings) offered for sale by those in estate agency or property development business. There is no general requirement to disclose information. But where information is given, it must be accurate and must not be misleading. The aspects of property (strictly matters relating to land) in respect of which misdescription is to be an offence are listed in the Order. The coverage of the list (copy attached) is broad, reflecting the fact that it is not a list of matters about which information must be given, but stipulates matters about which information must not be misleading.

ANNEX - SPECIFIED MATTERS
1. Location or address.
2. Aspect, view, outlook or environment.
3. Availability and nature of services, facilities or amenities.
4. Proximity to any services, places, facilities or amenities.
5. Accommodation, measurements or sizes.
6. Fixtures and fittings.
7. Physical or structural characteristics, form of construction or condition.
etc
etc
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I think in order to be successful you'd have to prove that it was unreasonable for the EA to rely on what the builder said would be installed, and that the EA should have checked what was installed prior to compiling the brochure, and you'd also need to assert that the audio system, as installed, comes into the category of 'fixtures and fittings'.

If the court disagrees on either count....

googler

Again; which manufacturer and model number are we discussing here?

silvercar

I can't believe that it costs £1000 to add a new device to the existing system!

googler

With the make and model, we can all go and price it.... if the OP will tell us.

ILW

silvercar wrote: »

I can't believe that it costs £1000 to add a new device to the existing system!

It doesn't.
A decent DAB/FM tuner costs less than £100.00

silvercar

ILW wrote: »

It doesn't.
A decent DAB/FM tuner costs less than £100.00

Exactly, and adding it to existing system should be as easy as plug and play...or what's the point the system.