# The Estate Agents (Undesirable Practices) (No. 2) Order 1991, Paragraph 3


In this Schedule—
(a) in paragraph 1 a misrepresentation is“recklessly” made if it is made regardless of whether it is true or false,whether or not the estate agent had reasons for believing that it mightbe false;
(b) “offer” in paragraphs 1 and 2 includes any conditional offer, but does notinclude offers of a description which the client has indicated inwriting to the estate agent need not be forwarded to him;
(c) paragraph 1(a) does not affect the right of an auctioneer to bid atan auction in accordance with section 6 of the Sale of Land by AuctionAct 1867 or in Scotland any rule of law of like effect;
(d) the“status of any prospective purchaser” in paragraph 1(b) includes the financial standing of that purchaserand his ability to exchange contracts expeditiously or in Scotlandconclude a contract expeditiously;
(e) “forward” in paragraph 2 means despatch to the client by hand, post or fax atthe address or to the number given by the client to the estate agent.

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Source: https://www.legislation.gov.uk/uksi/1991/1032/schedule/3/paragraph/3 (the official version)
Page: https://openlegislation.uk/estate-agents-undesirable-practices-no-2-order-1991/schedule-3/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.