Valuations, Material Information and Complaint Handling
This dispute underlines the importance of considering all material information when providing market valuations and advising on asking prices.
This dispute underlines the importance of considering all material information when providing market valuations and advising on asking prices.
This dispute concerned the Seller’s perception that the Agent had provided false and misleading information in relation to the Buyer during the period between acceptance of offer and exchange. Importantly, it also provides a good example of how straightforward disputes can be avoided if clear and regular communication takes place and internal complaint procedures are accurately followed.
This dispute involved three parties, the Buyers and their Neighbours who made separate complaints in relation to the consequences of the Agent providing incorrect material information.
A case that The Property Ombudsman (TPO) was asked to investigate came from a seller against a quick sale agent and related to their communication and approach to the purchase of her property.
A case that The Property Ombudsman (TPO) was asked to review came from a seller against a Quick Sale agent. The sellers felt that they were misled, poorly communicated with and treated badly by parties engaged by the agent. They subsequently raised three complaints:
In order to help agents better understand how the Ombudsman comes to decisions over complaints, we now issue a quarterly case summary review, giving you the opportunity to see examples of real complaints, how they were reviewed, as well as the outcome. These are a collection of case summaries which have been published in the trade press over the last quarter.
Remember, if there are any specific topics you would like us to cover, please email This email address is being protected from spambots. You need JavaScript enabled to view it. and we will endeavour to cover these in future examples.
In the first quarter of 2023, eight agents were excluded from The Property Ombudsman (TPO) for failing to pay a compensatory awards following complaints from consumers.
In order to help agents better understand how the Ombudsman comes to decisions over complaints, we are issuing a quarterly case summary review, giving you the opportunity to see examples of real complaints, how they were reviewed, as well as the outcome. These are a collection of case summaries which have been published in the trade press over the last quarter.
If there are any specific topics you would like us to cover, please email This email address is being protected from spambots. You need JavaScript enabled to view it. and we will endeavour to cover these in future examples.
The Real Estate Data Foundation is a not-for-profit initiative bringing together the whole sector around the topic of data and to raise data ethics up the agenda and we are delighted that The Property Ombudsman is supporting this collaborative alliance. But what is 'data ethics', why should you care and what should you do about it?
We would like to start by wishing you a very happy New Year. In order to help agents better understand how the Ombudsman comes to decisions over complaints, we will be issuing a quarterly case summary review, giving you the opportunity to see examples of real complaints, how they were reviewed, as well as the outcome. These are a collection of case summaries which have been published in the trade press over the last quarter.
If there are any specific topics you would like us to cover, please email This email address is being protected from spambots. You need JavaScript enabled to view it. and we will endeavour to cover these in future examples.
We have all seen the tragic reports following the inquest into the death of 2-year-old Awaab Ishak, where the coroner concluded that extensive mould in his family’s rented flat was the cause of his death. These findings have been described as a defining moment for the housing sector.
The way Landlords and Tenants rent in Wales will soon undergo significant changes.
On 1 December 2022 the Renting Homes (Wales) Act 2016 will change the way all landlords in Wales rent their properties, this Act is the biggest change to housing law in Wales for decades. The new law simplifies agreements and will offer greater security and certainty to tenants (contract-holders) and landlords. You can read guidance and the legislation provided by Welsh Government here.
- 45,007 people turned to The Property Ombudsman for help in 2021 (up 15% on 2020)
- 5,508 disputes were accepted for investigation (up 7.5% on 2020)
- 49% of disputes accepted were resolved through TPO’s early resolution process
- 6,006 disputes were resolved in 2021, of which there was a financial award/settlement for 2,860
- Compliance with Ombudsman decisions remained extremely high at 99%
The Complaint
Following a successful bid and a subsequent survey, the Buyer withdrew from purchase of the property. The Sellers (the complainants) were concerned that the Agent had allowed the Buyer to place a bid on the property, without paying a deposit and which was also conditional upon completion of a satisfactory survey.
The Complaint
Within two weeks of moving into the property the Buyers (the complainants) discovered extensive flooding to the rear of their back garden.
The Complaint
Following the purchase of their new home, the leaseholders became aware of flooding issues within the new development that impacted a number of communal areas, including corridors, the basement and a purpose-built bike shed.
The Complaint
Following receipt of an insurance demand in which the premium had increased substantially, the leaseholder questioned this with the managing agent. The correspondence between the two parties did not resolve the leaseholder’s concerns and following the matter evolving into a formal complaint, the dispute was escalated to TPO.
The Complaint
Whilst pursuing the purchase of their property the Complainant (the Buyer) instructed a search report to be completed by a Search Provider. The report did not find any planning applications within a 750m radius of the property and so the Buyer went ahead with the sale.
The Complaint
The Buyers moved into the property which was located next to a care home. Between the care home and the property was a strip of land which, at the time of the survey inspection, was fenced off and did not appear to form part of either the property or the care home
The Complaint
Upon reviewing the tenancy agreement, the Tenant (complainant) found that the only option available to them on the online form provided by the Agent was to select a No Deposit Option (NDO) which was a £35 per month charge.