Commentary on Sections Part 5 - Home Information Packs Section 151: Responsibility for marketing: general
314.This section describes who is to be regarded as responsible for marketing a residential property that is being, or has been put, on the market in England or Wales, and is therefore required to have a home information pack.
315.The Act provides for various duties (and the penalties for breaching them) only to apply to the person who is responsible for marketing the property.
316.There are only two categories of person who can be responsible persons. These are the seller himself or someone who is acting as the seller's estate agent. Under section 153(2) described further below, a seller is not required to have a home information pack where there is another responsible person and the seller reasonably believes that this person is in possession of a pack which meets the requirements of the relevant regulations (made under section 163).