Does your website comply with the law?
According to Robin Stewart of Anthony Gold Solicitors, “it is fairly rare that agents fully comply” and he warns that Trading Standards teams are increasingly taking an interest in agents’ websites.
He says that even agents trying to meet all their legal duties routinely slip up.
Common mistakes include using the day-to-day trading name, as opposed to the official company name. While trading names can be used, it needs to be spelled out on the website that this is a trading name of whatever the company’s registered name is.
The registered address and company number must also be given.
Fees charged to both landlords and tenants must be displayed and clearly explained. Details of the redress scheme to which the agent belongs must also be shown.
Fees should also be shown inclusive of VAT.
Similarly, agents should give information about their professional liability insurance, VAT registration and membership of professional bodies.
There should also be a website privacy statement, explaining to users how their information will be used.
Stewart’s practical and useful guidance is here:
https://www.lexology.com/library/detail.aspx?g=5b8f99b0-eb91-4e47-a29c-f18eb8ad61aa
A lot of this is down to lazy web designers – they well know (or should) that real company name/trade name/vat number are required of all company websites per the companies acts. And, the level of non-compliance Mr Stewart refers to isn’t confined to agents’ websites; many companies across the UK are in violation of these requirements.
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