ESTATE AGENTS - potential liability for misrepresentations?

Estate agents represent the seller, and it will usually be the seller that will be sued and suffer the loss. The estate agent's loss would be limited to the loss of his or her commission.

However, if a seller can show that he or she had provided the agent with correct information relating to the property, and the agent had either failed to disclose information that was material to the contract to the buyer, or had misrepresented the true position to the buyer, the seller will be entitled to sue the agent for any damages he or she may have suffered by virtue of the misrepresentations made by the agent.

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