Property column the home front

By Tom Derbyshire on February 7, 2008 12:06 PM |

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The Home Front property column by Dawn Sandoval
Dawn Sandoval wharf column.JPG
I have asked my estate agent to mention in the property details that my apartment is “five minutes” from the station but my agent has said he is unable to say this. Is this true?

Yes, I’m afraid this is true. The Property Misdescriptions Act 1991 prevents us saying anything that can be misconstrued in any way. The aim is to ensure that descriptions of property are accurate and not misleading.

Your comment on distance from the station is a perfect example... five minutes to whom? A perfectly healthy young male maybe, but a lady in heels or an elderly person with a walking stick? The act is enforced by trading standards officers.

Any breach of the act is a criminal offence, with hefty penalties on conviction which include a maximum fine of £5,000 in the magistrates court and a criminal conviction, an unlimited fine in the crown court again with a criminal conviction and a possible prohibition order as it is a trigger offence under the Estate Agents Act 1979.

You may now understand why your agent chose not to be so precise – they would probably have said “close proximity” to the station instead.

Dawn Sandoval MNAEA is head of residential agency at Alan Selby & Partners LLP, Westferry Road, E14, 020 7519 5900. Every effort is made to ensure the accuracy of the comments given. Individual cases must be studied by a solicitor. Email enquiries to newsdesk@wharf.co.uk.