Regulation 4 Specified time for disclosure of green deal plan: sales other than by auction

(1)

Subject to regulation 5, this regulation provides for the specified time for the purposes of section 12(2)(b) of the Act^f1 where a green deal property, or a lease of such a property, is to be sold.

(2)

Except where paragraph (4) or (5) applies, the specified time is at or before the time B views the green deal property.

(3)

Paragraph (4) applies where B becomes a prospective buyer by virtue of making an information request or a viewing request and subsequently—

(a)

B makes an offer, either orally or in writing; or

(b)

in respect of a property situated in Scotland where B has not made an offer either orally or in writing, B makes a note of interest,

and B does not view the property before making such an offer or note of interest.

(4)

Where this paragraph applies, the specified time is, in respect of a green deal property situated in—

(a)

England or Wales, at or before the time A or an agent informs B that A accepts B’s offer subject to a contract to sell the property being concluded;

(b)

Scotland, the Scottish disclosure time.

(5)

Where B becomes a prospective buyer by virtue of making an offer, either orally or in writing, the specified time is as soon as practicable after A or an agent receives B’s offer but, in any event, in respect of a property situated in—

(a)

England or Wales, before the time A or an agent informs B that A accepts B’s offer subject to a contract to sell the property being concluded;

(b)

Scotland, before the time A or an agent informs B that A accepts B’s offer.

(6)

In paragraph (4)(b), “Scottish disclosure time” means, where B—

(a)

makes an offer but, before that offer was made, has not made a note of interest—

(i)

as soon as practicable after A or an agent receives B’s offer; but

(ii)

before A accepts B’s offer; or

(b)

makes a note of interest—

(i)

as soon as practicable after A or an agent receives B’s note of interest; but

(ii)

no later than the time A or an agent invites B to make an offer.

(7)

In paragraphs (3)(b) and (6), “note of interest” means a notice by B to A or an agent that B intends to make an offer when A or an agent invites prospective buyers to submit offers.

Annotations

Footnotes

f1: Section 12(2)(b) requires a seller, prospective landlord or licensor to provide the document produced or updated under section 8(4) to a prospective buyer, tenant or licensee at a specified time. A document produced or updated under section 8(4) is one which includes information in connection with a green deal plan.