Real Estate Agents' Liability for Negligent Misstatement

Abstract

During the process of selling or leasing a property, a real estate agent may make statements about the property which later turn out to be false (incorrect). This article examines the liability of real estate agents in the tort of negligence for the making of false statements. Cases discussed are Shaddock & Associates Pty Ltd v Parramatta City Council (1980-1981) 150 CLR 225, Norris v Sibberas (1989) Aust. Torts Reports 80-288, Richard Ellis (W.A.) Pty Ltd v Mullins Investments Pty Ltd (in liq) (1995) Aust Torts Reports 81-309 and Rawlinson & Brown Pty Ltd v Witham (1995) Aust Torts Reports 81-341.