Explanatory Note
(This note is not part of the Order)
Section 3(1)(d) of the Estate Agents Act 1979 confers power on theSecretary of State to declare practices in relation to estate agencywork to be undesirable. When a practice has been so declared theDirector General of Fair Trading can, if satisfied that a person hasengaged in it and is unfit to carry on estate agency work, make an orderprohibiting that person from carrying on estate agency work, either atall or of a description specified.
By this Order certain practices are declared to be undesirable,namely, the failure by an estate agent promptly and in writing todisclose certain interests (article 2(a) and Schedule 1), discriminatoryconduct against purchasers who are not accepting services from the agentor from certain other persons, and the failure to keep clients informedas to such services as have been applied for by prospective purchasers(article 2(b) and Schedule 2), the making of misrepresentations and thefailure promptly and in writing to forward to the client accuratedetails of offers received (article 2(c) and Schedule 3).