| 单词 | misdescription |
| 释义 | misdescription If the misdescription is substantial (i.e. it is reasonable to suppose that it constitutes the basis for the purchaser entering into the contract in the first place), the vendor will be unable to enforce the contract against the purchaser. When there is an innocent misdescription, which is not substantial, the contract may be enforced by the vendor, but subject to a suitable reduction in the contractually agreed price, even if the purchaser would prefer to rescind the contract (see rescission). Alternatively, the purchaser might prefer to compel the vendor to convey what title he can (despite the misdescription) and receive compensation in addition. If the misdescription operates in the purchaser’s favour, the vendor has no right to claim any compensation from him. Under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the Business Protection from Misleading Marketing Regulations 2008 (BPRs), estate agents, letting agents, property managers, and property developers (among others) are prohibited from making false or misleading statements in the course of their business. These regulations are wider than those in the Property Misdescription Act 1991, which they replaced. For example, a location should not be advertised as “desirable” unless there is evidence to back this up. Breaches of these regulations may lead to criminal prosecution by local authority trading standards services. Compare misrepresentation. |
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