EAQE Law of agency, contract and negligence question: disclaimer protect the agency

EAA EAQELaw of agency, contract and negligence

An agency's property brochure states: 'All information is for reference only and we accept no responsibility for any error.' A buyer relies on a wrong saleable area in it. Does the disclaimer protect the agency?

A Yes, completely, because the disclaimer was printed on the brochure itself
B No, because brochures are never covered by law
C Yes, if the buyer did not complain within 7 days
D Only so far as reasonable; it cannot excuse statutory duties

Show the answer and explanation

Answer: D. Only so far as reasonable; it cannot excuse statutory duties

Answer: Only so far as it is reasonable, and it cannot excuse statutory information duties. Why not the others: - Completely: Notices excluding liability for negligence are subject to the reasonableness test. - Never covered by law: Advertisements and brochures are regulated. - A 7-day complaint window: No such rule. Rule: A notice restricting liability for negligence (other than for death or personal injury) is effective only if reasonable; and licensees remain subject to the Estate Agents Ordinance and Practice Regulation duties to give accurate property information. Source: Control of Exemption Clauses Ordinance (Cap. 71), sections 3 and 7(2); Estate Agents Ordinance (Cap. 511), section 36; as at Oct 2026

Common mistake

Relying on blanket disclaimers.

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An original question written to the published EAQE syllabus. Figures in the explanation carry their effective dates; check them against the current law before relying on them. Independent exam practice. Not affiliated with or endorsed by the Estate Agents Authority (EAA) or the examination administrator.