The Law Society is seeking answers for conveyancers ‘left in the dark’ by the National Trading Standards Estate and Letting Agency Team’s decision to withdraw 2023 guidance on material information for estate and letting agents. 

A message on the webpage that previously hosted the guidance states that the material was developed to support agents in meeting their legal obligations under the Consumer Protection from Unfair Trading Regulations 2008. However, the guidance was withdrawn a few days ago because the regulations have been ‘superseded and replaced’ by the Digital Markets, Competition and Consumers Act 2024.

Society vice-president Mark Evans met Rushanara Ali, minister responsible for home buying and selling, this week. Following the ‘positive’ meeting, Evans said: ‘The Society is looking to work with government as well as others in the sector to understand what, if anything, will fill the void left by the removal of the guidance and address some of the uncertainty that this unexpected announcement has created. Our TA6 property form consultation has provided us with valuable information from our members to assist with our conversations with government.’

The 2024 act includes a chapter entitled ‘omission of material information from invitation to purchase’. However, the chapter talks about a ‘product’.

The Gazette approached National Trading Standards for clarification.

 

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