Restriction on Agreements (Estate Agents) Order 1970
| Jurisdiction | UK Non-devolved |
| Citation | SI 1970/1696 |
| Year | 1970 |
1970 No. 1696
MONOPOLIES AND MERGERS
The Restriction on Agreements (Estate Agents) Order 197010thNovember 1970
18thNovember 1970
20thNovember 1970
The Secretary of State in exercise of his powers under section 3(3)(a) and (b) of the Monopolies and Mergers Act 1965(a) and of all other powers enabling him in that behalf and with a view to remedying and preventing mischiefs which in his opinion result from the conditions which, according to a report of the Monopolies Commission entitled "A Report on the Supply of Certain Services by Estate Agents" as laid before Parliament and ordered by the House of Commons to be printed on 20th February 1969, operate and may be expected to operate against the public interest, hereby orders as follows :
1. This Order may be cited as the Restriction on Agreements (Estate Agents) Order 1970, and shall come into operation on 20th November 1970.
2.—(1) In this Order—
(a) "acquisition" or "disposal" includes the acquisition or disposal of a freehold or leasehold interest or any other estate or interest (whether a subsisting interest or an interest to be created by the disposal) but does not include the acquisition or disposal of a dwelling in conjunction with the acquisition or disposal of farm land or commercial or industrial premises ; and "acquire" and "dispose" shall be construed accordingly;
(b) "association of estate agents" means a body (whether incorporated or not) whose purpose is to further the business interests of its members and which has for or amongst its members persons who are or who represent estate agents ;
(c) "estate agent" means a person who, in connection with the acquisition or disposal of an unfurnished dwelling :—
(i) brings together or takes steps to bring together the person wishing to dispose of the unfurnished dwelling and a person prepared to acquire it or undertakes to do either of those things ; or
(a) 1965 c. 50.
(ii) acts pr undertakes to act as auctioneer ; or
(iii) in the case of a proposed transaction, negotiates or undertakes to negotiate as to the terms on behalf of either party :
Provided that no account shall be taken for the purpose of this definition of anything done by a public authority or by a solicitor, accountant or registered architect in the course of his practice, or of any display of advertisements by the proprietor of a shop or newspaper ;
(d) "restriction" includes a negative obligation, whether expressed or implied and whether absolute or not.
(2)...
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