Agents have always used poetic licence to promote properties in their best possible light in advertising. The watershed Argy V Blunts Lane Cove of 1990 pointed out the difference between misleading conduct and "Puffery" and has been the reference case since then.

In recent times the Office of Fair Trading has been active in monitoring agents' advertising issuing 13 conviction notices for a total of $28,600 in fines for misleading advertising of properties. It seems agents have been falsely locating properties saying they were in one suburb when they were in fact located in a less prestigious adjoining suburb orusing terms such as "Heights" when there is no such recognised suburb.

Now is a good time for principals to review the ads sales staff are writing to ensure the ads keep within the guidelines and for teachers to revisit Section 52 and 53A of the Trade Practices Act and the Argy case in their teaching.

Full details in the OFT news pages .  

Thanks to our asociate Glenn Rosier for forwarding this news item.