The National Trading Standards Estate Agency Team of Powys County Council in its role as the UK’s lead enforcement authority for the Estate Agents Act 1979 has updated it’s guidance to help property sales businesses to comply with the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the Business Protection from Misleading Marketing Regulations 2008 (BPRs) when carrying out activities in the UK. This guidance updates and replaces the previous Office of Fair Trading ‘Guidance on Property Sales’.
View the guidance issued September 2015
Mark Hayward, Managing Director commenting on the re-drafted ‘Guidance on Property Sales’:“The National Association of Estate Agents support the move towards the Guidance being presented in a way that consumers will find easier to understand. However we believe that the Guidance should go further in including specific examples which will help agents to understand what they should and should not say when dealing with consumers.
“Working examples could include the need for agents to tell an individual or couple looking to buy a house for retirement that there is a school nearby with increased noise and traffic levels at certain times; a self-employed consumer looking to purchase a property should be made aware of any parking restrictions surrounding commercial vehicles.
“By including detailed instances relevant to the buying and selling process we believe that the Guidance would be more descriptive and allow agents to clearly understand what they can and cannot do.”
To help assist agents comply with their legal obligations under the CPR’s, we have produced some Property Information Questionnaires, which can be accessed below:
The forms have been finalised after various discussion with Warwickshire Trading Standards, with whom we have formed a Primary Authority Partnership. However, the forms are to be used as an aid and there may be other questions that are only applicable in your area such as the underground/subway or presence/history of mining etc.
If you are a member and have specific questions regarding your obligations under the Consumer Protection Regulations, you have access to an Legal Advice Line.
NAEA Propertymark Chief Executive Mark Hayward, will tell you all about any recent changes to the industry including CPRs. Get anecdotal examples that will help you stay complaint and take the opportunity to get any of your burning questions answered.
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