Schedule 1 - Fixed penalties and enforcement
Homes Bill
6:45 pm
Mr Chris Mullin (Parliamentary Under-Secretary, Department of the Environment, Transport and the Regions; Sunderland South, Labour)
I dealt with all the points head on. The notes that I was struggling to read were my own. They were to remind me of the clauses to which the hon. Gentleman had drawn my attention. He asked whether the sale could continue. Yes, it could, although it is possible that the vendor might have lost confidence in the estate agent if there had been a raid that resulted in documents being taken away. The cause of the raid might have been a complaint from the vendor, which would make it highly likely that he would want to go elsewhere. That is a matter for the vendor to decide.
The hon. Gentleman asked about the estate agent's duty to inform the vendor in the event that he is investigated. The estate agent has a duty to market the property. He has a duty towards the vendor from the moment an agreement is reached. A contract does not have to written down in black and white, although there will be terms and conditions that are standard to the profession. The estate agent will be expected to perform his duty to the best of his ability. If he keeps quiet about some relevant consideration, such as the fact that he is, in some way, under investigation, he will be in breach of that duty.
Question put and agreed to.
Schedule 1 agreed to.
Clause 10 ordered to stand part of the Bill.