An estate agent who incorporates in a promotional brochure a document prepared by a third-party professional (such as a surveyor), obtained from the vendor, does not engage in misleading or deceptive conduct under s 52 of the Trade Practices Act where the agent claims no relevant expertise and the document itself indicates it is the work of a professional. The agent's representation is limited to an implied representation of honest belief that the document is genuine and records the professional's opinion, not a representation as to its accuracy. Separately, a purchaser's failure to rescind a contract for innocent misrepresentation does not preclude the court from exercising its discretion under s 55(2A) of the Conveyancing Act to order the return of the deposit.
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