Part 5

Home information packs

Other duties of person acting as estate agent

Other duties of person acting as estate agent
159
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).