Information can be misleading because it is incorrect, exaggerated, incomplete, ambiguous or presented too late.
A statement may be factually true but still misleading if important qualifying information is omitted.
Property particulars and advertisements
Employees should take reasonable steps to ensure that property information is accurate. This includes information about:
- Price or rent;
- Tenure;
- Location;
- Number and use of rooms;
- Parking;
- Gardens and outside areas;
- Furnishings;
- Council tax;
- Energy performance;
- Service charges;
- Restrictions;
- Availability;
- Accessibility;
- Utilities;
- Known building works; and
- Other material information.
Employees should distinguish between:
- Information personally verified by MyEstate;
- Information supplied by the client;
- Information obtained from a third party; and
- Information that remains unconfirmed.
If information is uncertain, it should not be presented as an established fact.
Examples of potentially misleading descriptions
Employees should not describe:
- A converted storage area as a bedroom without proper verification;
- A property as having private parking when the space is shared or unallocated;
- A property as “quiet” when significant known noise issues exist;
- A property as “available immediately” when works or legal requirements prevent occupation;
- A garden as belonging exclusively to the property when it is communal;
- A tenancy as allowing pets when landlord approval is still required; or
- A property as freehold when the tenure has not been confirmed.
Verbal statements
The same standards apply to telephone calls, viewings, emails, messaging applications and face-to-face conversations.
An employee should not assume that an inaccurate verbal statement is harmless because it does not appear in the written particulars.
Appropriate wording where facts are uncertain
Employees may say:
“I do not want to give you inaccurate information. I will check the position and come back to you.”
This is more professional than guessing or presenting an assumption as fact.
Correcting published information
When inaccurate information is identified:
- Stop using the incorrect material;
- Correct online and printed particulars;
- Inform colleagues handling the property;
- Notify affected customers where appropriate;
- Obtain confirmation of the correct information; and
- Keep a record of the correction.