Housing (Scotland) Act 2006

Responsibility for marketing houses

106 Responsibility for marketing: general

(1) Only the seller or a person acting as agent for the seller may be responsible for marketing the house.

(2) A seller is not so responsible if any person is acting as agent for the seller.

(3) But a seller who—

(a) is not responsible because of subsection (2), and

(b) reasonably believes that the person acting as agent for the seller possesses the prescribed documents,

must take reasonable steps to inform a potential buyer that a request under section 99(1) should be made to the person acting as agent.

(4) A person may be responsible for marketing the house on more than one occasion.

107 Responsibility of person acting as agent

(1) A person acting as agent becomes responsible for marketing the house when action taken by or on behalf of that person results in the house being on the market.

(2) That responsibility ceases when—

(a) the house is sold or taken off the market, or

(b) each of the conditions in subsection (3) is satisfied.

(3) Those conditions are that—

(a) the contract between the person acting as agent and the seller is terminated (whether by withdrawal of marketing instructions or otherwise),

(b) the person acting as agent has ceased to take any action which makes public the fact that the house is on the market, and

(c) any such action being taken on behalf of the person acting as agent has ceased.

108 Responsibility of seller

(1) A seller becomes responsible for marketing the house when action taken by or on behalf of the seller results in the house being on the market.

(2) That responsibility ceases when—

(a) the house is sold or taken off the market, or

(b) the conditions in subsection (3) are satisfied.

(3) Those conditions are that—

(a) the seller has ceased to take any action which makes public the fact that the house is on the market, and

(b) any such action being taken on behalf of the seller has ceased.

(4) In this section references to action taken on behalf of the seller exclude action taken by or on behalf of a person acting as the seller’s agent.