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TSSE is the regional coordinating group for Trading Standards Trading Standards is delivered in this region by county councils and unitary authorities • Each authority delivers services, ranging from Animal Health to Weights and Measures, in its own area. • This is supported by LACORS, Home Authority principle, TSSE Focus Groups, Government Departments and agencies. • In some areas both Local Authorities and Government Departments have regulatory duties How we see our role • Supporting business to achieve compliance • Business advice • Proportionate regulatory intervention - Enforcement policies - Prosecution policies • Risk based inspection programmes
Trading Standards roles specifically relevant to Estate Agents • HIPs • EPCs • Consumer Protection from Unfair Trading Regs 2008 • Unfair Terms in Consumer Contracts • Cancellation of Contracts made in a Consumer’s Home or Place of Work Regs 2008 … and don’t forget the basics • Business Names/Companies Acts disclosure requirements • Pricing … and also • Property Misdescriptions Act • Estate Agents Act & CEARS amendments HIPs Long and varied implementation period Final date of 6 April 2009 Will include Property Information Questionnaire (PIQ) Will introduce no marketing until HIP in place But seems to leave the exceptions where documents are unavailable after 14 days
Compliance level is seen as high To date no penalty notices have been issued EPCs 4 areas where EPCs are needed As part of HIP As part of commercial property sales & all property letting documentation Advertising Display Some exemptions around definition of ‘building’ and redevelopment sites
Commercial property sales and all property rents EPC on creation of new agreement with new tenant Provide at earliest opportunity but at least before whichever is first of: Provision of written information Viewing Must be free
Advertising for sale or rent of any property Required if the advert, including websites, includes at least two of the following: A photograph of the building or any room in it A floor plan A description of the sizes of the rooms
Display Currently only applies to local authority/public body buildings May be extended to commercial buildings to which public have access Consumer Protection from Unfair Trading Regs 2008 Implemented in May 2008 Sets out 31 prohibited practices Prohibits ‘unfair commercial practices’ Will apply to: Descriptions made about estate agency services Descriptions applied to non-UK property Incorrectly posted For Sale, Sold, Let etc boards Types of property outside PMA Failure to comply with Codes of Practice/Professional standards Unfair Terms in Consumer Contracts TS experience is that a significant % of lettings contracts contain unfair terms Regionally seen as posing risk to consumers What can you do? Check that you understand what you want your contracts to do Are the terms in logical order? Review the whole range of documents, not just one part OFT guidance Cancellation of Contracts made in a Consumer’s Home or Place of Work Regs 2008 Commencement date 1 October 2008 Applies to contracts made in the consumer’s home Unless exempt creates a 7 day cancellation period Applies to contracts for estate agency and letting services (and EPC/HIP/survey/ valuation contracts) Cancellation of Contracts made in a Consumer’s Home or Place of Work Regs 2008 (contd) You should: Include the standard form in your vendor’s agreement Include the agreement to start providing services in the same document, the Regulations require that the consumer must request this in writing Get both vendors agreement and the agreement to start work signed The basics Business Names Companies Acts disclosures Pricing Due diligence – what you should do Legislation has a ‘due diligence’ defence This requires that: There is a system in place to achieve compliance The system is tested and audited
Understand what it is that you have to achieve Include legal compliance in this Address the key elements essential to delivering the desired outcome Can be a combination of training, systems, paper, electronic files Processes proportionate to risk
What we expect to see Consistency Audit trail Dates or date codes on documents Review of processes
How to contact us Via Consumer Direct on 08454 04 05 06 Hampshire County Council Southampton City Council Isle of Wight Council Bournemouth Borough Council 
Southampton City Council, Trading Standards
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