In the judgment in Hamid & ors v England & ors, 26 September 2011 Whata J found the vendor, Mr England, and his employer, Barfoot & Thompson Ltd liable to the purchaser for misleading conduct under the Fair Trading Act 1985. Mr England misled Mr Hamid about whether the house had leaky issues. Mr England was found to have told the Hamids that he was not personally aware of any problems when in fact he was aware of a report that disclosed high moisture readings and recommended cladding repairs and that his neighbour’s house (built similarly) suffered serious weathertightness issues. The court reduced the judgment by 25% for Mr Hamid failing to look after his own interests prior to purchase. This is about the third decision that has found a real estate agent liable for leaky home misrepresentations.
Tags: Leaky Home