Bring me sunshine

Article Abstract:

The case of Jones (Trading Standards Officer) v Jones & Jones Ltd highlights important issues regarding the use of photographs by estate agents. In this case, a High Court judge ruled that the defendant, an estate agency, should not have used a photograph of a property in Bwlchchwllgwlch, Wales, showing very good weather when the local climate was in fact very poor. It is important for estate agents to ensure that a photograph does not give a false impression about the normal weather conditions in the area of a particular property. It may be advisable for estate agents to date-stamp all photographs and to include a disclaimer about weather conditions.

Cases, Bad faith (Law)

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Agents and the disclaimer game

Article Abstract:

The particulars of property sales circulated by estate agents commonly contain a standard disclaimer clause. However, the legal status of such clauses is mostly misunderstood. Disclaimers are governed by three different legal areas, namely misrepresentation, negligence and property misdescriptions. Further details of the law governing disclaimer clauses are presented.

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Commission granted

Article Abstract:

There are number of legal issues relating to estate agents' fees, particularly to the point at which an estate agent can be deemed to be eligible to claim fees. A recent Court of Appeal case shed light on some of these issues. It was clear that the estate agent must have introduced a ready, willing and able purchaser to the property. Terms must have been agreed in accordance with the client's instructions, although 'agreed' cannot be taken as demanding a binding contract.

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