Template Form for Property Owner to Confirm Approval of Draft Particulars of Sale

Seller’s Approval of Sale Particulars Form

PROP.EST.36

This Seller’s Approval of Sale Particulars Form can be used by Estate Agents to obtain a Seller’s approval of draft particulars before the final version is made available to potential buyers.

The Agent should send two copies of this Form, and two copies of the draft particulars, to the Seller. The Seller will retain one set and return the other to the Agent with approval or amendments.

Estate Agents have legal duties under the Consumer Protection from Unfair Trading Regulations 2008 (CPRSs) not to make any incorrect or misleading statements about the properties they are marketing, and not to omit any relevant information. The CPRs apply where the Owner is a “consumer”.

Where the Owner is acting in the course of a business, the Business Protection from Misleading Marketing Regulations 2008 (BPRs) impose corresponding duties on Agents.

Similar, but less onerous, duties applied under the Property Misdescriptions Act 1991 (PMA) which was repealed in 2013. Under the PMA Estate Agents would refer to this Form as a Property Misdescriptions Form.

In order to comply with the CPRs and BPRs, Agents should make sure that they are in possession of all important information about the property they are marketing.

Use of this form – which asks the Seller to check the draft particulars and either approve or amend them – will prompt the Seller to consider whether they have given the Agent all the necessary information. The Agent should keep the signed form on file.

This Seller’s Approval of Sale Particulars Form is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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