| Amendments proposed to the Homes Bill - continued | House of Commons |
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Mr Don Foster 24 Clause 7, page 6, line 10, at end insert—
Mr Archie Norman 8 Clause 7, page 6, line 22, leave out from 'provision' to the end of line 24.
Mr Archie Norman 9 Clause 7, page 6, line 24, at end add—'(9) All the documents and information contained in the sellers' packs shall be confidential to the seller, a person acting on his behalf as an estate agent, and any bona fide buyer or potential buyer.'.
Mr Archie Norman 29 Clause 7, page 6, line 24, at end add—'(8A) The regulations may specify that a property may be marketed with an incomplete pack in circumstances where reasonable efforts have been made to gather the missing information.'.
Mr Archie Norman 36 Clause 7, page 6, line 24, at end add—'( ) Before making regulations for the purposes described in subsection (1) the Secretary of State shall consult with representatives of those bodies likely to have an interest in or be affected by the proposals.'.
Mr Archie Norman 44 Clause 8, page 6, line 25, leave out 'may' and insert 'shall'.
Mr Don Foster 25 Clause 8, page 6, line 26, after 'section 7(5)(d)', add 'and (da)'.
Mr Don Foster 22 Clause 8, page 6, line 30, at end insert—'( ) Regulations under section 7 shall ensure that the home condition report is required to be of a standard likely to be acceptable to mortgage lenders.'.
Mr Archie Norman 45 Clause 8, page 6, line 31, leave out 'may' and insert 'shall'.
Mr Archie Norman 11 Clause 8, page 7, line 2, at end insert ', being a minimum of £500,000 in the first instance.'.
Mr Archie Norman 37 Clause 8, page 7, line 3, after first 'the', insert 'effective'.
Mr Archie Norman 12 Clause 8, page 7, line 4, after 'sellers', insert ', lenders'.
Mr Archie Norman 13 Clause 8, page 7, line 13, at end insert—'(8) Sellers, buyers and lenders shall be entitled to bring proceedings in respect of a home condition report upon which they have relied in any transaction.'.
Mr Archie Norman 10 Page 6, line 25, leave out Clause 8.
Mr Archie Norman 14 Clause 9, page 7, line 15, leave out subsection (1).
Mr Archie Norman 15 Clause 9, page 7, line 19, leave out 'by officers of local weights and measures authorities.'.
Mr Archie Norman 30 Clause 9, page 7, line 21, at end add—'( ) The Secretary of State shall provide resources to cover additional training and operational requirements that local weights and measures authorities may require for the enforcement of this Part.'.
Mr Archie Norman 46 Clause 11, page 7, line 41, leave out subsection (1) and insert—'( ) Any offence under this Part committed by a person in the course of his employment shall be treated as committed by his employer as well as by him, whether or not it was done with the employer's knowledge or approval, unless the employer shows that he took such steps as were reasonably practicable to prevent the employee from committing that act, or from doing in the course of his employment acts of that description. ( ) Any offence under this Part committed by a person as agent for another person with the authority (whether express or implied, and whether precedent or subsequent) of that person shall be treated as having been committed by that other person as well as by him.'.
Mr Don Foster 21 Clause 13, page 8, line 36, leave out subsection (3) and insert—'( ) A statutory instrument which contains regulations under this part is not to be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.'.
Mr Archie Norman 47 Clause 14, page 8, line 41, leave out subsection (2) and insert—'( ) Only a person who in the course of a business is engaged in estate agency work and who has a place of business in England and Wales may be regarded as acting as estate agent for the seller. ( ) The Secretary of State shall by regulations made by statutory instrument make provision for ensuring that persons engaged in estate agency work satisfy minimum standards of competence.'.
Mr Archie Norman 53 *Clause 14, page 8, line 41, leave out from 'Only' to 'a' and insert 'a person who in the course of a business is engaged in estate agency work and who has'.
Mr Archie Norman 48 Clause 15, page 9, line 18, at end insert '"estate agency work" has the meaning given by section 1(1) of the Estate Agents Act 1979;'.
NEW CLAUSES RELATING TO PART IAgreement between vendor and purchaser
Mr Don Foster NC1 To move the following Clause:—'.—(1) This section and sections (Proof of ability to pay sale price) and (Withdrawal from contract, etc.) apply to an agreement between a vendor and a purchaser for the sale of a property for a price greater than £2,000. (2) Such an agreement shall constitute a contract, which shall be binding on both parties. (3) Where such a contract is made the vendor and purchaser shall each pay to the other party or to the agent of the other party a sum which shall not be less than £2,000. (4) The vendor and the purchaser shall agree a date for the completion of the contract. (5) The Secretary of State may make regulations varying the sums in subsections (1) and (3).'.
Proof of ability to pay sale price
Mr Don Foster NC2 To move the following Clause:—'.—(1) No person shall enter into an agreement to purchase a property without proof of his ability to pay the agreed sale price. (2) A person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine of £700 in addition to forfeiting any sum paid under section 1(3). (3) The Secretary of State may make regulations varying the sum in subsection (2).'.
Withdrawal from contract, etc.
Mr Don Foster NC3 To move the following Clause:—'.—(1) Subject to subsection (2), if one of the parties to a contract—
(2) But subsection (1) does not apply where a purchaser has reasonable grounds for withdrawing from a contract. (3) "Reasonable grounds" shall include but shall not be limited to—
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