Securing instructions
2 Securing instructions
Prior to accepting an instruction (commencing work), you must clarify for whom you will be working and how you will be paid, thereby spelling out unequivocally whose interests you will be representing. You will act with partiality usually to represent the interests of one of the contracting parties (unless you are operating in a brokerage situation).
This chapter gives advice on securing instructions from either a seller or a buyer. Following this guidance will help you to meet the following principles in the Consumer Charter:
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To conduct business in an honest, fair, transparent and professional manner. |
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To ensure that clients are provided with their terms of engagement which are fair and clear, incorporate details of their complaints handling procedure and, where existing, an appropriate redress scheme, and meet all other legal requirements and relevant codes of practice. |
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To do their utmost to avoid conflicts of interest and, where they do arise, to deal with them openly, fairly and promptly. |
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To ensure that they make it clear to all parties for whom they are acting the scope of their obligations to each party. |
The first part of this chapter provides general guidance regarding the securing of instructions. The section is then divided into:
This chapter also provides specific guidance for residential agents operating in the UK that will help towards meeting relevant requirements of the legislation summarised in chapter 12. You can read more about these Acts and Regulations in the specific sections listed below.
- Cancellation of Contracts Made in a Consumer's Home or Place of Work etc. Regulations 2008 (in 12.2.10)
- Charities Act 1993 (in 12.3.11)
- Consumer Protection from Unfair Trading Regulations 2008 (in 12.2.8)
- Data Protection Act 1998 (in 12.5.1)
- Estate Agents Act 1979 (as amended) (n 12.2.6)
- Housing Act 1996 (in 12.3.3)
- Housing (Scotland) Act 2006 (in 12.1.1)
- Landlord and Tenant Act 1987 (in 12.3.7)
- Money Laundering Regulations 2007 (in 12.6.1)
- Rent Act 1977 (in 12.3.12)
- Supply of Goods and Services Act 1982 (in 12.2.4)
- Unfair Contract Terms Act 1977 (in 12.2.5.1)
- Unfair Terms in Consumer Contracts Regulations 1999 (in 12.2.5.2)