Housing Act 2004

Responsibility for marketing residential properties

151 Responsibility for marketing: general

(1) References in this Part to a responsible person, in relation to a residential property, are to any person who is for the time being responsible for marketing the property.

(2) Sections 152 and 153 identify for the purposes of this Part—

(a) the person or persons who are responsible for marketing a residential property which is on the market (“the property”); and

(b) when the responsibility of any such person arises and ceases.

(3) Only the seller or a person acting as estate agent for the seller may be responsible for marketing the property.

(4) A person may be responsible for marketing the property on more than one occasion.

152 Responsibility of person acting as estate agent

(1) A person acting as estate agent becomes responsible for marketing the property when action taken by him or on his behalf—

(a) puts the property on the market; or

(b) makes public the fact that the property is on the market.

(2) That responsibility ceases when the following conditions are satisfied, namely—

(a) his contract with the seller is terminated (whether by the withdrawal of his instructions or otherwise);

(b) he has ceased to take any action which makes public the fact that the property is on the market; and

(c) any such action being taken on his behalf has ceased.

(3) Any responsibility arising under this section also ceases when the property is taken off the market or sold.

153 Responsibility of the seller

(1) The seller becomes responsible for marketing the property when action taken by him or on his behalf—

(a) puts the property on the market; or

(b) makes public the fact that the property is on the market.

(2) That responsibility ceases when the following conditions are satisfied, namely—

(a) there is at least one person acting as his estate agent who is responsible for marketing the property;

(b) the seller has ceased to take any action which makes public the fact that the property is on the market; and

(c) any such action being taken on the seller’s behalf has ceased.

(3) In this section the references to action taken on behalf of the seller exclude action taken by or on behalf of a person acting as his estate agent.

(4) Any responsibility arising under this section also ceases when the property is taken off the market or sold.