42Advertising

42 Advertising S. 42(1) amended by Nos 10028 s. 25, 86/1994 s. 47(x), 52/1998 s. 113, 41/2003 s. 32(1), substituted by No. 63/2010 s. 44. (1) An estate agent must not publish any advertisement relating to or in connection with his or her business without specifying the name under which that agent carries on that business. (2) Any person who wilfully and falsely advertises or in any way wilfully and falsely represents that as an estate agent he has a particular property or business for sale shall be guilty of an offence. (3) Any person who in any way wilfully and falsely represents that as an estate agent he has sold a property or holds a deposit in respect of the sale of a property shall be guilty of an offence. S. 42(4) amended by No. 41/2003 s. 32(1). (4) Any estate agent who publishes or permits or authorizes to be published as part of any advertisement any false or misleading statement or representation concerning any property or business which is or is stated or represented to be for sale shall be guilty of an offence. (5) For the purposes of this section an advertisement shall be deemed to be misleading— (a) if it refers to the "gross profit" or the "clear profit" of a business stated or represented to be for sale; or (b) if it mentions any amount as being the profit of a business stated or represented to be for sale which is not the average weekly net profit of the business for the period of three years immediately before the publication of the advertisement or for the whole of any lesser period during which the business has been carried on by the vendor. (6) In any proceedings under this section— (a) production of a newspaper containing an advertisement having specified therein the name of an estate agent or of an advertisement published in any other form having specified therein the name of an estate agent shall be prima facie evidence that the estate agent published or authorized to be published the advertisement and all statements and representations made therein; and S. 42(6)(b) amended by Nos 41/2003 s. 32(2), 6/2018 s. 68(Sch. 2 item 50.1). (b) evidence on oath or by affirmation that an advertisement was published and that any statement or representation was made in or as part of the advertisement and that the name of any estate agent was specified or mentioned in or as part of or as having authorized the publication of the advertisement shall be prima facie evidence that the agent published or authorized the publication of the advertisement and the statement or representation. S. 43 amended by Nos 10028 s. 26(a)(i)(ii) (b), 10155 s. 69(1)(d), substituted by No. 29/1989 s. 12.