Enforcement action that can be carried out under the Estate Agents Act 1979 includes:
Some parts of the Act are not in force yet. These are:
The law can be enforced by:
The OFT can issue warning and prohibition orders that could stop you working as an estate agent. The OFT can require anyone, including clients and potential buyers, to give information or produce documents before deciding whether or not to issue an order or carry out other enforcement activities.
Warning and prohibition orders can be made against individuals, partnerships or companies, and anyone employed by them.
The OFT will issue a 'Notice of Proposal' before making an order. This gives you at least 21 days to explain why the proposed order should not be made.
You can download our guidance note below, to help you decide what to do if you receive a letter with a Notice of Proposal under the Estate Agents Act 1979. Also contains a form you can use to respond to the Adjudicator.
Download Notice of Proposal - your right to make representations (pdf 44 kb)
The OFT can issue a warning order if you break the law relating to:
If you breach the warning order, this could be proof that you are not considered fit to be an estate agent. You could be banned from further work under a prohibition order.
These orders can ban someone from all, or some aspect of, estate agency work. A prohibition order can be made if you have:
A prohibition order can be issued whether or not a warning order was made previously. If you don't comply with a prohibition order, you have committed a criminal offence, and you could be fined.
You can appeal to the Secretary of State and then, on points of law only, to the High Court. In Scotland you can appeal to the Court of Session.
Back to: Estate Agents Act