321.This section identifies when a seller becomes the responsible person and when his responsibility ceases. A seller becomes responsible when he first puts the property on the market or, if it is already on the market, makes public the fact that it is on the market. The latter situation could arise if, for example, there is more than one seller.
322.The seller's responsibility ends when he engages an estate agent to market the property on his behalf and stops taking any action designed to market the property himself. The seller's responsibility also ceases when any marketing actions taken on his behalf stop, other than those taken by his estate agent. The seller's responsibility also ends if the property is sold or is otherwise taken off the market even if this occurs before any marketing actions stop.
323.Individuals who market their own homes without the services of an estate agent will be responsible under the Act for their own actions. A casual acquaintance or friend of the seller who helps with the marketing of the home cannot become a "responsible person" for these purposes, even though they might be acting on the seller's behalf. The seller will also be responsible if he instructs an estate agent who does not have a place of business in England or Wales. As a general rule of thumb, a residential property marketed for sale in England and Wales should have at least one responsible person, whether they are the seller or an estate agent.
324.A "seller" in this Part of the Act is defined in section 177(1) as meaning a person contemplating disposing of a freehold or leasehold interest or an option for a freehold or leasehold interest. It does not necessarily mean that the seller owns the interest, so for instance a seller could include someone dealing with a deceased person's estate. "Seller" does not necessarily imply the authority to sell, as it will be for the buyer to check title documents and satisfy himself that the owner wishes to sell once he receives the home information pack. The contents of the pack will be prescribed in regulations under section 163 and will include evidence of title.
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