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An Open Letter to James Munro at National Trading Standards

By: Contributor(s): Publication details: Property Lawyers Action Group, 18 March 2024Subject(s): Online resources: Summary: Letter to James Munro of the National Trading Standards' (NTS) estate and letting agency team, the Property Lawyers Action Group (PLAG) states that the NTS Material Information guidance for estate agents' property listings distorts the source legislation, the Consumer Protection from Unfair Trading Regulations 2008. The letter argues that there is no coherent interpretation of the legislation that infers an obligation on the part of the seller, trader or not, to proactively obtain information which the seller does not already have (i.e. due diligence). The “guidance” however, does seek to impose such obligations on the seller.
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Letter to James Munro of the National Trading Standards' (NTS) estate and letting agency team, the Property Lawyers Action Group (PLAG) states that the NTS Material Information guidance for estate agents' property listings distorts the source legislation, the Consumer Protection from Unfair Trading Regulations 2008. The letter argues that there is no coherent interpretation of the legislation that infers an obligation on the part of the seller, trader or not, to proactively obtain information which the seller does not already have (i.e. due diligence). The “guidance” however, does seek to impose such obligations on the seller.