Commentary on Sections Part 5 - Home Information Packs Section 157: Imposition of conditions
337.This section permits a seller to decline to provide a copy of the home information pack if the potential buyer has failed to comply with one or both of the following conditions.
	The payment of a reasonable charge for making a copy of the pack and sending it.
	The acceptance of specified terms relating to the use and onward disclosure of copies of home information pack documents. An estate agent acting for a seller cannot impose these terms on a potential buyer unless they result from the seller’s instructions.
338.The seller will only avoid being in breach of the duty to provide copies of documents requested if the potential buyer is informed of the conditions before the end of the 14 day period following his request for a copy of the pack.
339.Where one or both conditions is applied the "permitted period" will be the period of 14 days following the day on which the potential buyer complies with it or them. In this respect, the potential buyer would comply by:
	Making the payment demanded, or
	Reaching an agreement on the use or disclosure of copies.
340.The Act does not impose any restrictions on the conditions that can be imposed on a potential buyer which relate to the use or onward disclosure of pack information. There are privacy implications here and this right to impose conditions simply reflects the current position where a seller can enter into a confidentiality agreement with a potential buyer. As such, these conditions are likely to be construed using common law confidence principles. This would mean that the use of these conditions would not be completely limitless. Some examples of conditions that might be unenforceable are:
	Those attempting to restrict the use of information that is already in the public domain.
	Those preventing or inhibiting compliance with a legal obligation, or attempting to do something which is unlawful.
	Those which are inconsistent or conflict with this legislation or its purposes. For instance, it would be inconsistent with section 156(8) to use these conditions to require a potential buyer to pay more than a reasonable charge for making and sending a copy of the pack.
341.In addition, there may be practical limits to conditions restricting the use and onward disclosure of pack information. For instance, a condition that prevents or inhibits the successful completion of the conveyancing process is unlikely to be imposed by sellers who genuinely wish to make a sale and is equally unlikely to be accepted by many potential buyers.