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.