Liability for marketing material misrepresentation

Without a comprehensive indemnity, an agency and an individual agent can be exposed to potential liability, if marketing information is wrong, in the nature of:-

  • misleading or deceptive conduct;
  • misrepresentation;

Click here for an example of the liability suffered by an agency for misstating in its marketing material the total net rent return on a shopping centre.

In the next example the agent’s marketing misdescribed rear street access and even with a warning that the buyers must “make their own enquiries”, failure to point out that the driveway was not owned by the Seller constituted “misleading conduct”. Click here to read.

For more information on misleading conduct disputes, go to unfair Contract Terms + Misleading Conduct disputes

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Last updated: 28 January 2020