Part 3Provision of information on sale of house

Responsibility for marketing houses

I1106Responsibility for marketing: general

1

Only the seller or a person acting as agent for the seller may be responsible for marketing the house.

2

A seller is not so responsible if any person is acting as agent for the seller.

3

But a seller who—

a

is not responsible because of subsection (2), and

b

reasonably believes that the person acting as agent for the seller possesses the prescribed documents,

must take reasonable steps to inform a potential buyer that a request under section 99(1) should be made to the person acting as agent.

4

A person may be responsible for marketing the house on more than one occasion.

I2107Responsibility of person acting as agent

1

A person acting as agent becomes responsible for marketing the house when action taken by or on behalf of that person results in the house being on the market.

2

That responsibility ceases when—

a

the house is sold or taken off the market, or

b

each of the conditions in subsection (3) is satisfied.

3

Those conditions are that—

a

the contract between the person acting as agent and the seller is terminated (whether by withdrawal of marketing instructions or otherwise),

b

the person acting as agent has ceased to take any action which makes public the fact that the house is on the market, and

c

any such action being taken on behalf of the person acting as agent has ceased.

I3108Responsibility of seller

1

A seller becomes responsible for marketing the house when action taken by or on behalf of the seller results in the house being on the market.

2

That responsibility ceases when—

a

the house is sold or taken off the market, or

b

the conditions in subsection (3) are satisfied.

3

Those conditions are that—

a

the seller has ceased to take any action which makes public the fact that the house is on the market, and

b

any such action being taken on behalf of the seller has ceased.

4

In this section references to action taken on behalf of the seller exclude action taken by or on behalf of a person acting as the seller's agent.