CPR/BPR

CPR/BPR

Consumer Protection from Unfair Trading Regs 08
1. 5 Main Categories
  1. Misleading Actions (material info)
    1. Miseleading Omissions (material info)
      1. Exerting undue pressure on consumers (aggressive practices)
        Failing to show professional diligence (honest marketing practice and in good faith)
        Engaging in any of the 31 specific practices that are banned outright
        e.g. saying property reduced for a limited time only when it isn't to elicit an immediate decision
        Situation where the client instructed us to gazump, showed consumer that we had advised this isn't our recommended course of action
      2. This is where the major review is
        e.g. informing the client if there has been an unfacourable survey, which wasn't required before unless asked
      3. e.g. derelict proeprty we were selling, made clear in the description that the property suffers from dry rot in places
    2. Like in PMA 91
      1. false/misleading statements
      2. 33 specific matters
        e.g. location, photos of outlook, proximity to services
        Victorian, 1837-1901, Edwardian 1901-1910
        Residential Agency Guidelines set by RICS Code of measuring practice
        measurements to be taken above skirting board, no higher than 1.5m
        rooms described by linear measurement, not area
        Where floor area's adopted, use GIA
        Where rooms include bays, alcoves, recesses etc, stated to be included or excluded
        L-shaped rooms measured and expressed in 2 parts
        where there is a stepped changed in floor level each section should be expressed and measure seperately
        For irregular shaped rooms, either no measurements given, or average measurement where line of measurement is detailed on floorplan
        Annexes, e.g. for room extensions, that aren't part of original building should be measured and described seperately
        Garage measurements need to be taken internally
  2. Material info
    1. The info that the average consumer needs, to take an informed transaction decision
      1. What if you did not know the info
        Could still be misleading omission if you have not taken reasonable steps to find out the info
        Could devise a questionnaire as solicitors do
        Could signpost to info
        e.g. environmental agency website, links to local authority
Business Protection from Misleading Marketing Regs 08
Duty of care to consumers, with civil/criminal consequences if don't comply. By OFT / trading standards
1. 2 year imprisonment, ultd fine, ban from estate agency work, loss of business, harm to reputation
PMA 91, superseded, but the general requirements cover many of the same area
Average consumer
1. someone who is reasonably well informed and observant, taking into account social, cultural and linguistic factors
  1. may be a different average consumer for each property
Vulnerable Consumer
1. e.g. elderly or first time buyers who can be too trusting
  1. What extra steps do you need to take to ensure they are level pegging with an average consumer
Misrepresentations act 67

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