Discusses the factors which have led to a proliferation of litigation in respect of professional negligence in the field of real estate. Outlines caveat emptor (or ′buyer beware′), fraud, negligent misrepresentation, negligence, innocent misrepresentation and strict liability and statutory liability for misrepresentation. Gives examples of specific cases. Suggests that both the residential market and the commercial sector have been affected to such an extent that it is no longer clear whether the decision‐makers take any responsibility for their actions, but rely solely upon the real estate profession to act as a guarantor of the transaction.
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