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Preliminary

150Acting as estate agent

(1)

A person acts as estate agent for the seller of a residential property if he does anything, in the course of a business in England and Wales, in pursuance of marketing instructions from the seller.

(2)

For this purpose—

business in England and Wales” means a business carried on (in whole or in part) from a place in England and Wales; and

marketing instructions” means instructions to carry out any activities with a view to—

(a)

effecting the introduction to the seller of a person wishing to buy the property; or

(b)

selling the property by auction or tender.

(3)

It is immaterial for the purposes of this section whether or not a person describes himself as an estate agent.