The Estate Agents (Undesirable Practices) Order 1991

Article 2(a)

SCHEDULE 1 DISCLOSURE OF PERSONAL INTEREST

Failure by an estate agent:

1.  To make disclosure of his personal interest as required by section21(1) of the Act promptly and in writing.

2.  To disclose to his client promptly and in writing that—

(a) he himself has, or is seeking to acquire, a beneficial interest inthe land or in the proceeds of sale of any interest in the land; or

(b) he knows that any connected person has, or is seeking to acquire, abeneficial interest in the land or in the proceeds of sale of anyinterest in the land.

Article 2(b)

SCHEDULE 2 ARRANGEMENT AND PERFORMANCE OF SERVICES

1.  Discrimination against a prospective purchaser by an estate agent onthe grounds that that purchaser will not be, or is unlikely to be,accepting services.

2.  In cases where an estate agent has introduced a prospectivepurchaser to his client and that purchaser has made an offer, failure bythe estate agent to forward to his client promptly and in writing at allstages before contracts for the disposal of the interest in the landhave been exchanged, or in Scotland before a contract for the disposalof the interest in the land has been concluded, an accurate list ofservices, provided that—

(a) an application from the prospective purchaser for services has beenreceived by the estate agent or a connected person or (in a case wherethe estate agent or a connected person would derive a financial benefitfrom the provision of the service) by another person; and

(b) the estate agent knows that such application has been received andthat it is an application for services, being services in connectionwith the prospective purchaser’s acquisition of the interest in the landor his use or enjoyment of it, or with his disposal of an interest inland which he has to make in order to make that acquisition or which isthe result of that acquisition; and

(c) that application has not been refused.

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,which despatch may be made by the person by whom or which the service isbeing, or is to be, provided.

(1)

30 & 31 Vict. c.48.