Legal Definitions - misdescription

A misdescription occurs when something is described inaccurately or falsely, leading to a misunderstanding or a problem, especially in legal documents or agreements. This inaccuracy can be significant enough to mislead someone, cause harm, or affect the validity of a transaction.

This term commonly applies in several contexts:

• In Contracts: When a statement made during the formation of a contract is untrue or misleading and influences one of the parties.
  • Example: A homeowner lists their house for sale, stating in the property disclosure that the roof was replaced two years ago. After the sale, the buyer discovers through an inspection that the roof is actually 15 years old and needs immediate repair.
  • Explanation: The homeowner's statement about the roof's age was a misdescription because it was an inaccurate factual claim made during the contractual process, which likely influenced the buyer's decision to purchase the home and the price they were willing to pay.
• In Documents of Title for Goods: When a document that represents ownership of goods (like a bill of lading for shipping) incorrectly identifies the goods.
  • Example: A manufacturer ships a consignment of 500 units of "Model X electronic devices." The shipping company's bill of lading, which serves as a document of title, mistakenly lists the cargo as "500 units of Model Y electronic devices."
  • Explanation: The bill of lading contains a misdescription because it inaccurately identifies the specific type of goods being transported. This could lead to issues with customs, insurance claims, or the recipient accepting the wrong product.
• In Property Deeds: When the legal description of land in a deed (the document transferring property ownership) is inaccurate.
  • Example: A developer sells a plot of land to a buyer. The deed for the property describes the northern boundary as extending to a specific oak tree. However, a later survey reveals that the actual legal boundary is 10 feet south of the oak tree, meaning the buyer owns less land than indicated.
  • Explanation: The deed contains a misdescription because the legal description of the land's boundary is inaccurate. This directly affects the precise extent of the property the buyer legally owns and could lead to boundary disputes with neighbors or require a legal correction to the deed.