No more than a messenger?

Dixon, William M. (2002) No more than a messenger? Australian Property Law Bulletin, 17(1), pp. 12-13.

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Abstract

If a real estate agent describes a property as being “a golden opportunity to invest” the expression will be readily construed as mere “puffery”. The legal landscape changes when a real estate agent describes a property as “leased” and having a “guaranteed net income”. Can an agent avoid potential liability, for an inaccurate description, by arguing that they were merely acting as a messenger to pass on information received from their vendor client?

The potential liability of real estate agent “messengers” was recently considered by the Queensland Court of Appeal in Banks & Anor v Copas Newnham Pty Ltd & Ors [2002] QCA 217.

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ID Code: 42437
Item Type: Journal Article
Refereed: Yes
Keywords: real estate agent , property
ISSN: 0817-2854
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2002 LexisNexis
Deposited On: 05 Jul 2011 23:00
Last Modified: 07 Jul 2011 09:38

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