Who is responsible for Material Information?

This help article looks at who is responsible for Material Information and what steps can be taken to ensure that the information is as accurate as possible.

Who is responsible for Material Information?

The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) requires that agents do not include any misleading information in their listings, or omit any information from their listings, that may be material to a buyer or tenant making a decision to proceed with the purchase or letting of a property.

Whilst agents may rely on a number of third party sources, including a vendor or landlord, to provide the information needed to produce Material Information, any misleading information supplied by the agent could result in the agent facing prosecution or civil action. Errors in the Material Information collected from a vendor or landlord could be considered to be misleading.

How accurate is the information supplied by Moverly?

Moverly gathers verifiable source data from authorised providers, meaning all parties involved in the transaction can view the original source of the information supplied. The information gathered is the most up to date information available from the authorised providers at the time of the production of the Material Information.

The vendor or landlord is asked to check this information as they complete the remainder of the Material Information process.

In addition, Moverly also collects information from the vendor, which is based on the vendor’s own knowledge of the property. Moverly relies on the vendor to ensure the accuracy of their responses.

What if the vendor or landlord provides incorrect information?

If the vendor or landlord accidentally provides incorrect information and becomes aware of it, and the Material Information form has been submitted by the vendor or landlord, then they should contact their estate agent as soon as possible to correct the error in the ‘Seller / Landlord forms’ section. 

Please read our article on Adding or editing Material Information answers for a client.

Only the estate agent has permission to make this edit after form submission. Once corrected by the agent, a digital record of the agent’s name is added to the form to provide an audit trail. 

Moverly’s live versions of Material Information (i.e. those displayed via a QR code or the public Material Information URL will automatically update). The revised version of the Material Information should be shared with any prospective buyers or tenants.

How can agents reduce the risk of errors?

Whilst Moverly makes every possible effort to gather the correct information from the source (whether than be official or the client supplying the information), agents may have knowledge and experience of the areas that they operate in that the average consumer may not be as familiar with and so we recommend agents review the Material Information to ‘sense check’ the information provided..

For example, a vendor may have suggested that the property was of brick construction, but the EPC confirms that the property is timber framed. Before publishing the Material Information, the agent should check with the information  and, if necessary, ask the vendor to amend or to consult a surveyor for determination if they’re unsure.

If the vendor knowingly provides incorrect information and the agent has made efforts to validate the vendor’s responses, the vendor may be liable for a misrepresentation claim from the buyer or tenant. 

How does Moverly help to ensure that the vendor completes the Material Information correctly?

At the start of the process, the vendor or landlord is reminded of the need to be as accurate as possible when completing the Material Information. Moverly reminds the vendor that a future buyer or tenant will rely on the information they supply and there can be serious consequences for the vendor if they provide incorrect information.

Moverly shows the vendor or landlord their responses before submission, allowing the user to check that all of their responses are accurate before publishing the Material Information.

Once published, the agents can then check the information against what they know about the property, adding an extra layer of confidence that the Material Information is accurate.

Disclaimer - this article is intended as a helpful guide and is not intended as legal advice. Agents should consult their lawyers for further advice on their responsibilities under the CPRs.