misrepresentation?

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    misrepresentation?

    What redress does someone have if a real estate agent is discovered to have knowingly marketed a property for sale with the wrong tenure? Meaning offering the property for sale as fh when its lease? Is there an Act that agents have to abide by?

    #2
    Estate agents are regulated under the Moneylaundering Act by hmrc .

    https://www.propertymark.co.uk/worki...gulations.aspx

    Comment


      #3
      conditions usually say that they are told that sort of thing by the vendor and it is up to the purchaser to verify. What did your legal professional say about the tenure?
      Unshackled by the chains of idle vanity, A modest manatee, that's me

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        #4
        Is the agent on the list of banned estate agents ?

        http://powys-prod.storm50.com/articl...ublic-Register

        Estate agents across the UK are regulated by the National Trading Standards Estate Agency Team (NTSEAT) of Powys County Council. The team assesses whether or not an individual or business in any part of the UK is fit to carry out estate agency work within the terms of the Estate Agents Act 1979. It took over this enforcement role from the Office of Fair Trading (OFT) on 1 April 2014.

        https://researchbriefings.parliament...ummary/SN06900

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          #5
          Originally posted by HP mum View Post
          What redress does someone have if a real estate agent is discovered to have knowingly marketed a property for sale with the wrong tenure? Meaning offering the property for sale as fh when its lease? Is there an Act that agents have to abide by?
          Fraud Act 2006 S2
          http://www.legislation.gov.uk/ukpga/2006/35/section/2

          Fraud by Misrepresentation.. (criminal!)

          But I think agent will say simple honest mistake (people do make mistakes, even me!!)
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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            #6
            I think the estate agent must check the name of the seller matches the holder of the property title ( at Land Registry, ) before the agent can accept any instruction to sell. So the agent must know if the property title states "freehold" or "leasehold" before it starts marketing..

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              #7
              But purchaser not checking (for free!!) if there are freehold and/or leasehold deeds for the property.... sorry, but own goal..
              https://www.gov.uk/search-property-i...-land-registry

              Ditto their solicitor advising them...

              Usually for leasehold there are both sorts of deeds ..
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                An indication of what agents should and should not do is set out here.

                If an individual wants to sue for misrepresentation he has to show a loss.

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