Commentary on Sections Part 5 - Home Information Packs Section 152: Responsibility of person acting as estate agent
317.This section identifies when an estate agent becomes the responsible person and when his responsibility ceases.
318.A person acting as an estate agent (see section 150) becomes responsible when he first puts the property on the market or, if it is already on the market, makes public the fact that it is on the market. It does not matter whether the person describes himself as an estate agent.
319.The responsibility of an estate agent ceases when his contract with the seller is terminated and he (or anyone acting on his behalf) stops taking an action which makes public the fact that the property is on the market. The responsibility also ceases if the property is sold or otherwise taken off the market, even if this occurs before the contract is terminated or marketing actions have stopped.
320.The Act does not define "taken off the market" but this should be given its ordinary meaning. If an estate agent whose contract with the seller has ended wishes to cease being responsible under the Act and the property has not been taken off the market or sold, he must cease marketing activities. If some marketing activity has been taking place, for example, a "for sale" sign has been erected or an advert placed in a shop window, it would be necessary to take steps to discontinue that marketing activity - by taking down the "for sale" sign or removing the advert from the shop window.