Housing Act 2004

Other duties of person acting as estate agent E+W

159 Other duties of person acting as estate agent E+W

(1) This section applies to a person acting as estate agent for the seller of a residential property where—

(a) the property is not on the market; or

(b) the property is on the market but the person so acting is not a person responsible for marketing the property.

(2) It is the duty of a person to whom this section applies to have in his possession or under his control, when any qualifying action is taken by him or on his behalf, a home information pack for the property which complies with the requirements of any regulations under section 163.

(3) In subsection (2) “qualifying action” means action taken with the intention of marketing the property which—

(a) communicates to any person in England and Wales the fact that the property is or may become available for sale; but

(b) does not put the property on the market or make public the fact that the property is on the market.

(4) Where a person to whom this section applies provides a potential buyer with, or allows a potential buyer to inspect, any document purporting to be—

(a) a copy of the home information pack for the property; or

(b) a copy of a document (or part of a document) included in that pack;

it is his duty to ensure that it is an authentic copy.

(5) A document is not authentic for the purposes of subsection (4) unless, at the time when it is provided or inspected—

(a) it is a copy of the home information pack for the property or a document (or part of a document) included in that pack, as the case may be; and

(b) that pack or document complies with the requirements of any regulations under section 163.

(6) In subsection (5) “the home information pack” means the home information pack intended by the person to whom this section applies to be the one required by subsection (2).

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1 Ss. 155-159 restricted (1.6.2007) by The Home Information Pack Regulations 2006 (S.I. 2006/1503), regs. 24-30 (which amending S.I. was revoked (1.6.2007) by S.I. 2007/992, reg. 2)

C2 Ss. 155-159 restricted (1.6.2007) by The Home Information Pack Regulations 2007 (S.I. 2007/992), regs. 28-34

C3 Ss. 155-159 restricted (2.7.2007) by The Home Information Pack (No. 2) Regulations 2007 (S.I. 2007/1667), regs. 27-34

Commencement Information

I1 S. 159 wholly in force at 6.4.2008; s. 159 not in force at Royal Assent see s. 270(6); s. 159 in force for certain purposes at 1.8.2007 by S. I. 2007/1668, arts. 2-4; s. 159 in force for certain purposes at 10.9.2007 by S.I. 2007/2471, arts. 2-4; s. 159 in force for certain purposes at 14.12.2007 by S.I. 2007/3308, arts. 2-4; s. 159 in force in so far as not already in force at 6.4.2008 by S.I. 2008/898, art. 2