§ Malcolm BruceTo ask the Secretary of State for Trade and Industry if she will make a statement on the protection given to consumers and their right to financial compensation under(a) the Property Misdescriptions Act 1991, (b) the Estate Agents Act 1979 and (c) other legislation governing housing transactions. [136797]
§ Mr. Sutcliffe[holding answer 6 November 2003]The Estate Agents Act 1979 regulates the conduct of estate agents in the buying and selling of property and seeks to ensure that consumers as either buyers or sellers are treated honestly and fairly. The Office of Fair Trading can, if satisfied that a person is unfit to carry on estate agency work, make an order prohibiting that person from carrying on estate agency work. Under the Property Misdescriptions Act 1991 it is a criminal offence to make a false or misleading statement about a number of specified matters concerning a property in either written or verbal communication with a prospective client.
25WNeither of these Acts provides directly for the payment of compensation to consumers. However, those who suffer a financial loss as a result of malpractice by estate agents or misdescriptions of property may be able to make a claim for compensation in the civil courts. If the estate agent is a member of the Ombudsman for Estate Agents Scheme, consumers may also be able to make a claim for compensation to the ombudsman.
The Department is not responsible for any other legislation specifically governing housing transactions.