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Compliance 

 

Government intervention is on the increase.  The regulation of estate agents is on the front burner through the HIP legislation and the Consumers, Estate Agents and Redress Bill plus the Legal Services Bill.

Training and monitoring staff becomes a priority if your business is not to suffer.

From 1 October 2006 the OFT Approved Code of Practice applies to all members of the NAEA and the OFT is on the lookout for unfair contract terms.

Failure to meet compliance requirements can be devastating with the level of ‘fines’ and compensatory awards increasing at a greater pace than prices or income. For estate agents, a breach of the pack legislation can result in restrictions on rights to practice and, in extreme cases, to suspension or prohibition.

Busy practitioners need help and support in overcoming these new hurdles. PerPro provides news bulletins to warn of pending changes.

One of the difficulties that estate agents encounter is that regulation has, in the recent past, been tacked on to other legislation often with overlapping effect.

 

National Association of Estate Agents Code of Practice
 
The NAEA Code of Practice and Rules of Conduct can be accessed at the NAEA website – www.naea.co.uk . All estate agents should ensure their business complies. These rules were strengthened last year by the publication of model terms of business. These were recently revised and a licence to use them can be purchased from the NAEA. 
  
Ombudsman for Estate Agents Code of Practice
 
All members of the NAEA are required to belong to the Ombudsman scheme which has also obtained approval as a complaints and redress scheme under the Housing Act 2004 in connection with Home Information Packs.
 
The Ombudsman website is at www.oea.co.uk. The Code of Practice can be downloaded from this site as can an outline of the complaints procedure and the Ombudsman’s terms of reference.
 
 
Consumers Estate Agents and Redress Act 2007
 
The Act received the Royal Assent on 19th July 2007. Parts 2, 3 and 4 affect estate agents covering redress schemes, amendments to the Estate Agents Act 1979 and ‘contracts concluded away from business premises’ respectively. 
 
These will come into force when commencement orders are made.
 
We will post guidance to the relevant sections for estate agents shortly.
 
 
Our compliance fact sheets aim to bring together regulation for estate agents in an easy to understand format. The first two are in place and we aim to add to these over the coming weeks and to update them when any new legislation or case law comes along.

 

 

   
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