Clause 2 - Responsibility for marketing a property which is on the market
Homes Bill
6:45 pm
Mr Nigel Waterson (Eastbourne, Conservative)
The hon. Member for Bath has made many of the arguments that I would have made, and I agree with his basic thrust. However, we would like the amendment to go further, because it falls, yet again, into the black hole that is opening before us—the attempt to draw a distinction between private sales and sales through estate agents. Real life is not like that.
Some people following our proceedings might be confused that amendment No. 34 amends clause 3. It has been grouped with amendment No. 16 because it deals with the same issue. Our amendment would make the seller's pack optional whether a property is being sold by a seller or by an agent on his or her behalf. It is a crucial amendment that has the support of the Law Society. Allowing sellers to opt out of using the packs would not put buyers at a disadvantage because it will have to be made clear at the outset that the seller's pack is not available or attached to the transaction. Buyers will be aware and on guard and they will, accordingly, be able to proceed under the principle of caveat emptor—which the Government do not appear to have tried to replace in the Bill. If on the other hand they have concerns about the property, they will be able to proceed with a different property.
I shall not reiterate all our concerns about the seller's packs, with which we dealt at some length on Second Reading and to which we will return, no doubt also at length, in Committee. I commend amendment No. 34 to the Committee and hope that we will have the support of the Liberal Democrats if we press it to a vote.