Real estate agents, brochure and misleading or deceptive conduct

Dixon, William M. (2005) Real estate agents, brochure and misleading or deceptive conduct. The Queensland Lawyer, 25(4), pp. 173-176.

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The decision of the High Court in Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60 involves issues that affect every person who is induced to buy real estate in Australia by statements in sales brochures distributed by real estate agents. One of these issues is the extent to which estate agents unwittingly engage in misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth) (‘the Act’) when they distribute sales brochures that contain untrue or misleading statements prepared by others. A further issue is the extent to which agents can escape liability by relying on disclaimers about the authenticity of false statements contained in brochures prepared by them.

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ID Code: 42401
Item Type: Journal Article
Refereed: Yes
Keywords: sales brochures, real estate agents, s 52 of the Trade Practices Act 1974 (Cth) , misleading statements
ISSN: 0312-1658
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2005 Lawbook Company/Thomson Legal & Regulatory
Deposited On: 06 Jul 2011 00:51
Last Modified: 07 Jul 2011 09:37

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