Knight Frank has been accused in court of misrepresenting a property in its marketing particulars.
The case opened on Tuesday and has been adjourned until September 23.
If it goes ahead, it could prove an important test case under Consumer Protection Regulations.
The case, brought by Dumfries & Galloway Trading Standards, concerns a property called Knock Bay House.
The charges, heard in Stranraer Sheriff Court, say that Knight Frank repeatedly stated in advertising material that the house “benefited from a private beach which is likely to deceive the average customer as to the characteristics of the property”.
A second charge states that Knight Frank failed to disclose a planning condition allowing a public right of way.
A spokesman for Knight Frank told Eye: “We will be rigorously defending these charges.”
He confirmed they had been brought under CPRs.
Knock Bay House, a five-bedroom mansion, is under offer, according to Rightmove (link below). It had been marketed at £825,000, well under its Home Report valuation of £925,000.
Eye believes this may be only the second case brought by Trading Standards against agents under CPRs.
The first, brought against a Countrywide firm in Wales concerning a property where the agents were said not to have disclosed the presence of a mineshaft, collapsed on appeal because Wrexham Trading Standards had not interviewed the branch manager.
http://www.rightmove.co.uk/property-for-sale/property-27093448.html
Comments (7)
Bring back HIP's, its looking as if we need look through the title deeds for every property we list!!!
Isn't that the same countrywide firm still trading after being exposed on TV for horrendous breaches of the 1991 Practice Order some years ago, where amongst other things they trained their staff to be dishonest and an undercover reporter filmed them doing so?
KF have a good name and and being large would have bods in place for training and compliance tbat in this case slipped unless a court sees otherwise.
Smaller agents have a lot to take in. CPR guidance isnt a couple of pages and takes many hours study and experience to understand.
The real shame is that many questiinable "agents" operate oblivious to UK agent laws and totally miss the TS radar.
What amazes me is the number of agents who don't know about CPR if you read their sale sparticulars. Mention it to their staff and they know even less!
Guilty. You can't call it a private beach and then not mention a public right of way through it.
Completely agree.
Similar to the recent Ombudsmen test case where the agent pushed the parking to be suitable for commercial vehicle (van) parking-on their details- and failed to disclose the restrictive covenant preventing any parking of commercial vehicles on the estate. The ombudsmen found in favour of the buyer and the NAEA recommended inclusion of restrictive covenants in our marketing agreements.
What the **** does "which is likely to deceive the average customer as to the characteristics of the property” mean anyway !!………..uhh !! Interesting test case though.