Property descriptions
What the legislation does
The Property Misdescriptions Act makes it an offence to make a misleading statement about land, which includes buildings, offered for sale In the course of an estate agency business.
Applies to statements made in the course of an estate agency or property development business.
A Solicitor is subject to the Act when providing an estate agency service.
The Act defines Estate Agency Business in terms of the definition in the Estate Agents Act 1979, i.e. one taking instructions from a client to introduce him to a third party with a view to acquiring or disposing of an interest in land.
The Act covers both residential and commercial property, but does not generally extend to rented property. However, it does cover certain aspects concerning rent, i.e. those received from tenants, ground rents payable, or garages available for rent to purchasers of residential property.
Information on giving property descriptions is available from
TS central Enforcement
Requires visits to estate agents, property shops, developments (residential and commercial). Complaints often involve large sums of money. Monitoring of advertisements in local media, internet etc.
Premises affected
Estate agents, property shops, housing developments, solicitors
Key Legislation
Property Misdescriptions Act 1991
Property Misdescriptions (Specified Matters) Order 1992
