http://www.legislation.gov.uk/ukpga/1979/38/section/20Estate Agents Act 1979An Act to make provision with respect to the carrying on of and to persons who carry on, certain activities in connection with the disposal and acquisition of interests in land; and for purposes connected therewith.1980-07-01texttext/xmlenStatute Law Database2025-05-29Expert Participation2025-04-06 Estate Agents Act 1979s. 21AConsumers, Estate Agents and Redress Act 2007s. 54(1)s. 48(3)s. 66(2) 201No person may, in the course of estate agency work in Scotland, seek or accept from any person (in this section referred to as a “prospective purchaser”) who wishes to acquire an interest in land in the United Kingdom a payment which, if made, would constitute a pre-contract deposit or, as the case may be, which constitutes such a deposit.2If, in the course of estate agency work in Scotland, any person receives from a prospective purchaser a payment which constitutes a pre-contract deposit, it shall forthwith be either repaid to the prospective purchaser or paid to such person as the prospective purchaser shall direct.3Failure by any person to comply with subsection (1) or subsection (2) above may be taken into account by the lead enforcement authority in accordance with section 3(1)(c) above but shall not render that person liable to any criminal penalty nor constitute a ground for any civil claim, other than a claim under subsection (2) above for the recovery of the pre-contract deposit.4This section forms part of the law of Scotland only.Words in s. 20(3) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(7)(e) (with Sch. 1 para. 28, 2 paras. 13-15)