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Divisional Court
Thomas LJ and Fulford J
27 October 2004
Property misdescription - Procedure - Conviction for offences of making false and misleading statements contrary to section 1(1) of Property Misdescriptions Act 1991 - Whether informations containing sufficient details of case to be met - Whether compliance with r 100 of Magistrates' Courts Rules 1981 - Whether necessary to specify person making the statement - Appeal dismissed
The respondent council laid a number of informations against the appellant estate agent alleging offences of making false or misleading statements contrary to section 1(1) of the Property Misdescriptions Act 1991. They had acted after receiving complaints from H, who had dealt with the appellant when attempting to buy a property in Airton, North Yorkshire. The appellant had arranged for H to view a property. H had subsequently made an offer on it, but had pulled out of the sale after receiving reports, of which the appellant also had copies, indicating a serious damp problem. H had subsequently visited the appellant's office and enquired about the property on two occasions - on one of which she recorded the conversation - and had been informed that there was no damp problem.
At the hearing, and after the...