Author : Estate Agency Affairs Board [EAAB]
Seller’s liability for latent defects is always of interest to buyers, sellers and estate agents.
As a guideline, attention is drawn to:
Clause 4.1.1 of the Code of Conduct – which provides:-
“an estate agent shall convey to the purchaser or lessee or a prospective purchaser or lessee of the immovable property in respect of which a mandate has been given for them to sell, let, buy or hire, all facts concerning such property should it in the circumstances be within his personal knowledge and which could be material to a prospective purchaser or lessee”
The code of conduct requires an agent to disclose those facts which could be material or which should reasonably in the circumstances be within his personal knowledge.
If the seller does not disclose certain facts to a buyer, the agent will not be liable provided that those facts could not in the circumstances reasonably have been within the agent’s own personal knowledge or were not disclosed to the agent.