The Estate Agents (Undesirable Practices) (No. 2) Order 1991

Article 2(c)

SCHEDULE 3 Other Matters

1.  The making by an estate agent, knowingly or recklessly and orally orin writing, of any misrepresentation—

(a) as to the existence of, or details relating to, any offer for theinterest in the land; or

(b) as to the existence or status of any prospective purchaser of aninterest in the land.

2.  The failure by an estate agent to forward to his client promptly andin writing accurate details (other than those of a description which theclient has indicated in writing he does not wish to receive) of anyoffer the estate agent has received from a prospective purchaser inrespect of an interest in the land.

3.  In this Schedule—

(a) in paragraph 1 a misrepresentation is“recklessly” made if it is made regardless of whether it is true or false,whether or not the estate agent had reasons for believing that it mightbe false;

(b) “offer” in paragraphs 1 and 2 includes any conditional offer, but does notinclude offers of a description which the client has indicated inwriting to the estate agent need not be forwarded to him;

(c) paragraph 1(a) does not affect the right of an auctioneer to bid atan auction in accordance with section 6 of the Sale of Land by AuctionAct 1867(1) or in Scotland any rule of law of like effect;

(d) the“status of any prospective purchaser” in paragraph 1(b) includes the financial standing of that purchaserand his ability to exchange contracts expeditiously or in Scotlandconclude a contract expeditiously;

(e) “forward” in paragraph 2 means despatch to the client by hand, post or fax atthe address or to the number given by the client to the estate agent.

(1)

30 & 31 Vict. c.48.