Cases - Cremdean Properties Ltd v Nash
Record details
- Name
- Cremdean Properties Ltd v Nash
- Date
- (1977)
- Citation
- 2 EGLR 80
- Legislation
- Keywords
- Estate agency
- Summary
-
In an invitation to tender, published by the defendants' agents, premises for sale were described as being with the benefit of planning consent for approximately 17,900 square feet of offices.
After purchasing the premises, the plaintiffs discovered that only 14,700 square feet was available. The plaintiffs sought rescission of the contract. The defendants claimed the benefit of an exclusion clause in a footnote to the conditions of sale. This stated that the particulars were only for the convenience of an intending purchaser, their accuracy was not guaranteed, any error, omission or misdescription shall not annul the sale or be grounds on which compensation may be claimed, and the purchaser must rely on their own inspection. The defendants claimed that section 3 did not apply to this exclusion clause and relied, in part, on the judgment in the Overbrooke case.
While agreeing with the judgment in Overbrooke, the Court of Appeal held that it had no bearing on the case. This was not a case of an authority-denying statement. The description in the particulars was a misrepresentation and therefore subject to section 3. Section 3 cannot be avoided by claiming that a description is not a representation and should not be relied upon.