Implications for agents
Under the Consumer Protection from Unfair Trading Regulations 2008, property agents are legally obliged not to omit information consumers need to know so they can make an informed decision before purchasing a property.
This case underscores the importance of providing accurate and complete details to buyers. Sales agents must ensure all information, especially defects or issues like infestations, is disclosed fully.
If agents fail to do this, it can lead to civil or criminal penalties and consumer complaints to an agent’s redress scheme. Plus, reputation damage and disputes can be more costly.
What information is material?
Any relevant information that could affect a buyer’s decision-making, including arranging a viewing, putting in an offer to purchase and proceeding with any other part of the process, is material.
This includes issues, such as structural problems, pest infestations, and even planning permissions. The material information should be prominently displayed in the property listing and should not be hidden, unclear or ambiguous as any of these failures could cause liability for a misleading omission.
View the full NTSELAT Material Infrormation guidance →
How Propertymark supports members
Propertymark offers a range of resources and training to help estate agents navigate their responsibilities. Having contributed to the NTSELAT working group developing guidance on Material Information, our Property Information Questionnaire (PIQ) is a credible structure to underpin the work property agents do with their clients to gather information. Estate agents can download the template, along with our Memorandum of Sale checklist and Declaration of Offer form, to ensure that all material facts are accurately documented and shared.
Furthermore, a recording of our webinar, Understanding Material Information for Sales and Letting Agents, is available to watch and features NTSELAT Policy and Information Manager explaining the requirements for sales and letting agents and the process to improve material information disclosure in property listings.
Material information part B: How to read the room
Estate Agents are now required to follow the advice and recommendations contained in the guidance by NTSELAT under 'Part B Material Information' published in November 2023. This guidance includes measurements, types of rooms and room sizes.
