The estate agent made false claims about the property's features. Is this an unfair practice?

What the Law Says

The EU Unfair Commercial Practices Directive (UCPD) sets a harmonised standard across all Member States to protect consumers from misleading or aggressive sales tactics — including false or deceptive statements by estate agents.

Under the UCPD, a commercial practice is 'unfair' if it 'distorts or is likely to distort the average consumer's economic behaviour' — for example, by causing them to make a transaction they would not otherwise have made.

Making false claims about a property’s features (e.g., square footage, energy rating, planning permissions, or proximity to amenities) qualifies as a 'misleading action' under Article 6. This includes false information about the characteristics of the product — and in real estate, the property itself is the product.

The Directive applies to all business-to-consumer (B2C) practices, including those by estate agents acting on behalf of sellers. It does not cover private sales between individuals.

Statutory Text

A commercial practice is misleading if it contains false information and is therefore untruthful or in any way deceives or is likely to deceive the average consumer.

— Directive 2005/29/EC, Art. 6(1)(a) — Misleading actions

Statutory Text

A commercial practice is unfair if it materially distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product.

— Directive 2005/29/EC, Art. 5(2) — Definition of unfair practice

Sources

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