If you are directly involved in the selling and letting of property to individuals, whether as a developer, social housing provider or selling agent, you need to be aware of important changes to the laws regulating the marketing of property, which changed this week.
Until 10 May 2025, the laws on marketing of property to consumers were principally governed by the Consumer Protection from Unfair Trading Regulations 2008. The 2008 Regulations were intended to protect consumers from unfair commercial practices, including those employed by estate agents. Estate agents were required ensure accurate property descriptions, disclose material information, and avoid showing bias between buyers.
From 10 May 2025, the new Digital Markets and Competition and Consumers Act 2024 (DMCCA 2024) replaced the Consumer Protection from Unfair Trading Regulations 2008. The DMCCA 2024 actually came into force on 6 April 2025 and ran alongside the 2008 Regulations. However, the 2008 Regulations have now been repealed and entirely replaced by the DMCCA 2024.
The DMCCA 2024 was introduced to provide further guidance and clarification in respect of mis-selling. It also introduced:
- Clarification as to what amounts to a breach of the rules
- Stronger enforcement powers for breaches
- Defences to a breach.
We will provide a further update as more information becomes available. We are expecting updated guidance from Trading Standards.
If you require any further information on this topic, please do not hesitate to contact me on 01392 301291 or T.Hawthorn@stephens-scown.co.uk