An action for misdescription1 lies in contract, because the breach arises out of the particulars of sale which form part of the contract. The claim must be brought before completion because the terms of the contract merge with the purchase deed on completion. Post-completion remedies are limited to an action under the covenants for title2 or in misrepresentation3. The remedies depend largely on whether or not the misdescription is substantial ie is such that it substantially deprives the buyer of his bargain4, and may be affected by contractual exclusion clauses5.
Where the misdescription is substantial the buyer may ask the
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