Is Your Property Listing Breaking the Law?

Are You Telling Buyers Everything They Need to Know?

If you're selling your home without an agent, there's a lot to think about - photos, floorplans, arranging viewings - and, of course, getting the legal side right. But one area that's catching DIY sellers off guard in 2025 is material information.

That’s the key info buyers need to make an informed decision. And from April this year, the rules have tightened - thanks to a new piece of legislation: the Digital Markets, Competition and Consumers Act 2024 (DMCC).

What Is the DMCC Act - and Does It Apply to You?

The DMCC Act came into force in April 2025 and replaces older consumer protection laws. It applies to businesses and individuals, including private property sellers who are marketing homes directly to buyers.

At the heart of it is a simple rule:

You must not omit or hide information that the average buyer needs to know, in order to make a decision about the property, from booking a viewing, to making an offer or signing a contract.

That means no vague listings, no “let the buyer ask” approach, and no glossing over red flags.

In legal terms, it’s called a misleading omission. According to the Act:

“A commercial practice involves a misleading omission if it omits material information, omits information required by another law, or fails to make its commercial intent clear.”

Put plainly: if you leave out key facts that could influence a buyer’s decision - knowingly or not - you could fall foul of the rules.

What Counts as Material Information?

This is where it gets tricky - because it’s not just about big things like planning issues or subsidence. Material information now includes:

• Tenure: Freehold, leasehold, and remaining lease length
• Council tax band and EPC rating
• Property type and construction (e.g. prefab, non-standard build)
• Utilities and services: Gas, electric, heating type, water supply, drainage
• Flood risk and building safety concerns
• Local restrictions: Conservation areas, parking permits, tree preservation orders
• Known issues: Japanese knotweed, boundary disputes, cladding, etc.

If a buyer would reasonably want to know about it before viewing or offering, it likely counts.

But the Rules Aren’t Final… Are They?

You're right to be cautious. Although the Act is in force, we’re still awaiting final official guidance from the government and the CMA (Competition and Markets Authority) on how property sellers should apply the rules in practice.

However, both Trading Standards and Propertymark have already made clear that this legislation is the beginning of a stricter, clearer era for consumer rights in property listings.

So while the grey areas will (hopefully) be clarified soon, it's wise to start complying now - especially if you're selling without a traditional estate agent to guide you.

What Can DIY Sellers Do to Stay Compliant?

You don’t need to be a legal expert - but you do need to be proactive. Here's how to protect yourself:

• Be thorough in your listing: Don’t rely on buyers to ask. Share as much detail as possible upfront.
• Keep records: If you’re unsure about an issue, get it checked, and keep copies of paperwork.
• Be honest: You don’t need to overshare, but hiding a known problem is never worth the risk.

Final Thoughts

Selling your home yourself gives you freedom and flexibility - but also means you're responsible for getting the details right. With the DMCC Act now live, it's more important than ever to be open, honest, and upfront.

Getting it wrong isn’t just poor practice - it could be unlawful. But with a bit of preparation (and our checklist), you’ll stay compliant, build trust with buyers, and give yourself the best shot at a smooth sale.

Disclaimer: This article is for general guidance only and does not constitute legal advice. While every effort has been made to ensure accuracy, sellers should seek professional advice or consult the official CMA guidance once released. Blog content is correct as of 1st October 2025.

Image is from a property for sale October 2025. Ardbrecknish House is a magnificent Scottish baronial-style period property set on the banks of Loch Awe in the heart of the Scottish Highlands. For more details see here.