Information for estate agents - property descriptions
(for England, Wales and Northern Ireland)
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The Property Misdescriptions Act 1991, which controls property developers as well as estate agents, creates criminal offences for making false or misleading statements about any of the matters in the Specified Matters Order. Also, the new Consumer Protection from Unfair Trading Regulations 2008 now prohibits omitting material information from consumers, if that omission might cause the consumer to make a different decision.
Care should be taken when using general descriptions relating to location, environment, photographs, measurements, parking and pricing. General disclaimers in small print, telling buyers not to rely on details, won't be effective in preventing offences.
There are additional requirements under the Town and Country Planning (Control of Advertisements) Regulations 1992, the Estate Agents Act 1979, the Consumer Credit Act 1974 (as amended), and in relation to the safety of furniture in let accommodation.
