Commentary

24 Liability to the representee for misrepresentation

AUCTIONEERS, ESTATE AGENTS AND VALUERS vol 3(1)
| Commentary

24 Liability to the representee for misrepresentation

| Commentary

2: MISREPRESENTATION AND MISDESCRIPTION

24 Liability to the representee for misrepresentation

If an estate agent makes a false representation to a prospective buyer, for example in the sales particulars relating to a property, and the representee relies on it and in consequence suffers loss and damage, the estate agent may be liable in damages in a number of ways. The estate agent will be liable to the representee for deceit if he made the false representation intentionally or recklessly1. Similarly, the agent will be liable to a buyer for concealing any instrument or incumbrance material to the title, or falsifying any

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