Estate Agents (Provision of Information) Regulations 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/859 |
1991 No. 859
ESTATE AGENTS
The Estate Agents (Provision of Information) Regulations 1991
Made 28th March 1991
Laid before Parliament 28th March 1991
Coming into force 29th July 1991
The Secretary of State, after consulting in accordance with section30(1) of the Estate Agents Act 19791the persons therein referred to, in exercise of thepowers conferred on him by section 18(4) of that Act and of all otherpowers enabling him in that behalf, hereby makes the followingRegulations:
Citation, commencement and interpretation
1.—(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—
(a) his employer or principal, or
(b) any employee or agent of his, or
(c) 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).
Additional information as to services
2.—(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)
(a) which the estate agent is himself offering, or intends to offer, toany prospective purchaser of an interest in the land; or
(b)
(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.
Time of giving information
3.—(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...
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