Housing (Scotland) Act 2006 (asp 1)

Part 3 Provision of information on sale of house

Duty to have or provide information about houses on the market

101 Other duties of person acting as agent for seller

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

(a) the house is not on the market, or

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

(2) A person to whom this section applies must possess the prescribed documents in relation to a house when any qualifying action is taken by or on behalf of that person.

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

(a) communicates to any person the fact that the house is or may become available for sale, but

(b) does not put the house on the market.