The Estate Agents (Provision of Information) Regulations 1991

• Citation: S.I. 1991/859
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Estate Agents (Provision ofInformation) Regulations 1991 and shall come into force on 29th July1991.

(2) In these regulations—

“ the Act ” means the Estate Agents Act 1979;

“associate” has the meaning given to it in section 32(1) of the Act;

“client” means a person on whose behalf an estate agent acts;

“connected person” in relation to an estate agent means any of thefollowing—

his employer or principal, or

any employee or agent of his, or

any associate of his or of any person mentioned in (a) and (b)above;

“estate agent” means any person who in the course of a business (including one inwhich he is employed) engages in estate agency work and includes caseswhere he is negotiating on his own behalf;

“estate agency work” has the meaning given in section 1(1) of the Act;

“financial benefit” includes commission and any performance related benefit;

“interest in land” means any of the interests referred to in section 2 of the Act andreferences herein to an“interest in the land” are references to the particular interest in land of which theestate agent is engaged to secure the disposal or acquisition;

“purchaser” means a person to whom an interest in land is transferred or inwhose favour it is created;

“services” means any services to a prospective purchaser for consideration,being services which are such as would ordinarily be made available to aprospective purchaser in connection with his acquisition of an interestin land or his use or enjoyment of it (including the provision to thatpurchaser of banking and insurance services and financial assistance andsecuring the disposal for that purchaser of an interest in land if thatdisposal is one which has to be made in order for him to be able to makethe acquistion he is proposing or is one which is a result of thatacquisition).

Section 2 Additional information as to services

(1) The following additional information is hereby prescribed and shallbe given by an estate agent to his client, that is to say as to theservices—

(a) which the estate agent is himself offering, or intends to offer, toany prospective purchaser of an interest in the land; or

(b) which he knows a connected person or (in a case where he or aconnected person would derive a financial benefit from the provision ofthe service) another person is offering, or intends to offer, to anyprospective purchaser of an interest in the land.

(2) The additional information referred to in paragraph (1) above shallbe given at the time and in the manner specified in Regulations 3 and 4below.

Section 3 Time of giving information

(1) The time when an estate agent shall give the information specifiedin section 18(2) of the Act, as well as the additional informationprescribed in Regulation 2 above, is the time when communicationcommences between the estate agent and the client or as soon as isreasonably practicable thereafter provided it is a time before theclient is committed to any liability towards the estate agent.

(2) The time when an estate agent shall give the details of any changesto the terms of the contract between himself and his client as arementioned in section 18(3) of the Act, is the time when, or as soon asis reasonably practicable after, those changes are agreed.

Section 4 Manner of giving information

The additional information prescribed in Regulation 2 above and theinformation required to be given under section 18(2) and (3) of the Actshall be given by the estate agent in writing.

Section 5 Explanation of terms concerning client’s liability to payremuneration to an estate agent

(1) If any of the terms“sole selling rights”,“sole agency” and“ready, willing and able purchaser” are used by an estate agent in the course of carrying out estateagency work, he shall explain the intention and effect of those terms tohis client in the manner described respectively below, that is tosay—

(a) “sole selling rights”, by means of a written explanation having the form and content ofthe statement set out in paragraph (a) of the Schedule to theseRegulations;

(b) “sole agency”, by means of a written explanation having the form and content ofthe statement set out in paragraph (b) of the Schedule to theseRegulations; and

(c) “ready, willing and able purchaser”, by means of a written explanation having the form and content ofthe statement set out in paragraph (c) of the Schedule to theseRegulations:

Provided that if, by reason of the provisions of the contract inwhich those terms appear, the respective explanations are in any waymisleading, the content of the explanation shall be altered so asaccurately to describe the liability of the client to pay remunerationin accordance with those provisions.

(2) Any other terms which, though differing from those referred to inparagraph (1) above, have a similar purport or effect shall be explainedby the estate agent to his client by reference to whichever ofparagraphs (a), (b) or (c) of the Schedule to these Regulations isappropriate, subject also to the proviso to paragraph (1) above.

(3) The explanation of the terms mentioned in paragraphs (1) and (2)above shall be given by the estate agent to his client in a documentsetting out the terms of the contract between them (whether thatdocument be a written or printed agreement, a letter, terms ofengagement or a form, and whether or not such document is signed by anyof the parties), and shall be given at the time specified in Regulation3(1) and (2) above.

Section 6 Prominence etc. of explanation

(1) Subject to the proviso to Regulation 5(1) and (2) above, theexplanations set out in the Schedule to these Regulations shall bereproduced in the documents embodying them in the same form as theyappear in that Schedule and without any material alterations oradditions to the text, and shall be shown prominently, clearly andlegibly.

(2) The wording of such explanations shall be given no less prominencethan that given to any other information in the document setting out theterms of the contract (as more particularly described in Regulation 5(3)above) between the estate agent and his client apart from the headingthereto, trade names, names of the parties and numbers or letteringsubsequently inserted therein in handwriting or in type.