Commentary on Sections Part 5 - Home Information Packs Section 149: Meaning of "on the market" and related expressions
307.The duties described later in this Part apply to a "responsible person" and sections 151 to 153 describe this further. Generally, a person becomes responsible when he puts a property "on the market” or makes public the fact that the property is "on the market". This section defines "on the market" and related expressions used throughout this Part of the Act.
308.References to "the market" are to the residential property market in England and Wales. A property is put "on the market" when its availability, or possible availability, for sale is advertised or otherwise made known to the public or a section of the public in England and Wales. This carries with it an intention to market the property, so does not apply where information about the sale of a property is made public unintentionally or inadvertently. A property is considered to remain on the market until it is taken off the market or is sold. The phrase "taken off the market" is not defined in the Act and carries its ordinary meaning.
309.The expression "section of the public" is not defined in the Act either but has been used in other legislation. Case law indicates that "the public" relates to the public at large. A "section of the public" indicates a more restricted group. Thus, for example, the placing of an advertisement in a national newspaper could be described as marketing to "the public" but placing it in a local shop window would only be marketing to a "section of the public".
310.Family members, individuals or small, defined groups of people would not be considered a "section of the public" for these purposes. Marketing which is limited to such people will therefore not count as putting the property on the market. The duties in sections 155 to 158 will not apply to marketing of this kind, but the duty in section 159 may apply if the seller uses an estate agent to carry it out. Generally speaking, the seller would know these people in a private capacity and the property would therefore not be available for sale on the open market. Someone who revealed that they were going to market their property, with no intention of marketing, would not be affected by the duties in this Part of the Act.