Don`t risk an 'unlimited fine', 'a lifetime ban' or even 'up to 2 years imprisonment'.

The estate agent has no defence in omitting, hiding (not being as clear as you should) or publishing Material Information late (after listing).

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Penalties for Late Publication, Hiding or Omitted Material Information:
An unlimited fine and/or a lifetime ban and/or up to 2 years imprisonment for an estate agent.

Do you have a defence that it’s too difficult?
No, not since Trading Standards published A, B and C in their 35-page guide on 30/11/23.

Do you have a defence if portals aren’t ready?
No. Trading Standards have said you need to upload these manually right now.

Who’s going to find out if I don’t?
Your redress scheme can ban you for life if a buyer complaint is upheld, but you’ll also face Trading Standards and legal action for breaking the law.

Why the penalties are so severe?
Because the government wants to do away with the unfair disadvantage to the buyer where the estate agent doesn’t publish all Material Information available before the decide to view or make an offer on the property. Which if disclosed the after conveyancers are instructed, the buyer may be losing hundreds of thousand pounds in buying an unsuitable property, or loss of opportunity in missing out on another property, or thousands in wasted fees, if they pull out after lawyers are instructed.

Where can i read the law?
The government repealed the Misdescription Act, and passed the Consumer Protection From Unfair Trading Regulations (CPRs) obliging the estate agent to find and publish all Material Information before the property is listed and before a buyer views the property or makes an offer.

What are my Trading Standard obligations?
In November 2023, Trading Standards published a 35-page guide, with over 82 questions, interpreting Material Information that must be published on the agent’s website and property portals such as OnTheMarket, Rightmove and Zoopla. You must comply with the law. No excuse accepted.

You must find and publish all Material Information required for “an average consumer to make an informed transactional decision” or face the risk of imprisonment, being expelled from the redress scheme, resulting in illegal trading, as well enforcement by a warning, a prohibition order, or even a lifetime ban.