From 1 October 2013 the Property Misdescriptions Act 1991 is to be repealed by the The Property Misdescriptions Act 1991 (Repeal) Order 2013 from 1 October 2013.
Since the introduction of the 1991 Act, The Consumer Protection from Unfair Trading Regulations 2008 have been implemented in the United Kingdom. They provide the same protection for consumers as the 1991 Act but in a broader and more modern framework. The 1991 Act has therefore become unnecessary.
The Office of Fair Trading provides guidance on the Unfair Trading Regulations 2008.
From 2 April 2013, under changes to the consumer protection regime, there will be a greater role for the local authority Trading Standards Services in the enforcement of consumer protection law at national level. The OFT will retain all of its current consumer enforcement powers but will tend to use them where breaches of consumer protection law point to systemic failures in a market. This means cases will more often be taken against a number of firms in a market, rather than cases against individual firms, unless changing the behaviour of one firm would set a precedent or have other market-wide implications.
The OFT will also retain the lead role for the enforcement of the Unfair Terms in Consumer Contracts Regulations 1999 although the Trading Standards Services will have equal enforcement powers.
Hi,
URGENT PLEASE !!
I recently saw a new build property/development by a builder and reserved a house I liked.
The main reason for buying that particular house in the development was because of bigger garden, for this I am paying almost £55K more than the other house which is similar size but has smaller garden.
I arranged for mortgage and finally when my solicitor send me the contract along with the plot plan, it showed that garden size is not what was told to me during reservation and in the meeting with the builder’s customer care manager, this meeting is part of property misdescription meeting.
The garden area I was told on the plan was around 1700 Sqr feet and the area that really has been build is around 1275sqr feet only.
We have not done exchange of contract yet.
I have raised this to my solicitor (who was strongly recommended by the builder) that we have lost around 425sqr feet of garden area from what was told to us and what has actually been build.
Is this incident a violated the Consumer Protection from Unfair Trading Regulations 2008 (CPR) and the Business Protection from Misleading Marketing Regulations 2008 ???
Please advise ASAP
Regards
Karan
Hello
Are you a member of the guild? In any event, this is out of our normal area. We normally deal with landlord and tenant issues here.
Many thanks
Guild of Residential Landlords