The Pack duties will be enforced by local authority Trading Standards
Officers. They will be able to give advice and warnings, as well as issuing
penalty notices.
The fixed penalty has been set at £200 initially, and can be
repeated if a breach is repeated. Marketing a property without a Home
Information Pack, or an incomplete Pack, will render an estate agent liable to
a penalty notice.
Estate agents should also be aware that a breach of the Pack duties will be
treated as an 'undesirable practice' under the Estate Agents Act and must be
notified to the Office of
Fair Trading (OFT) as such.
An estate agent who deliberately flouts the
Pack duties will therefore risk a banning order from the OFT.
From 1 June 2007, estate agents marketing with Home Information Packs will
have to belong to an independent Redress Scheme approved by the Secretary of
State.
You can find out more on our page on Complaints
Procedure. For details of how estate agents can join the scheme together
with downloadable forms, please contact HiP Association Group.
|