Complaint

The Buyers claimed that the Agent had incorrectly advertised the property. They explained that during the conveyancing process they discovered that an area of land at the rear of the garden was not included in the title plan belonging to the property, and in fact belonged to the local council. The Buyers argued that the Agent should not have marketed the property without having checked this. They also pointed out that they incurred additional costs in registering all of the garden (as seen) as part of the property, arguing that they were treated unfairly by the Agent as a result of the Seller not agreeing to make an allowance for these costs as part of the transaction.

Complaint

During the initial viewing of the property, Mr and Mrs C informed the Agent that their reason for ending their current tenancy was because that property was on the housing market and they no longer wished to endure the inconvenience of prospective purchasers and viewings. They specifically asked the Agent if the property they were viewing was on the market for sale and were told by the Agent that it was not. Having entered into the tenancy Mr and Mrs C became aware that the property was, in fact, being advertised for sale. Mr and Mrs C complained that the Agent had failed to provide them with material information about the property and that, had they done so, they would not have entered into the tenancy.

Complaint

In this case, the recently bereaved Seller alleged that the Agent had marketed the property without his authorisation, resulting in a multi-agency commission fee claim from another agent whom he had already instructed.

Complaint

The Complainant was a successful Seller who wanted the Agent to reduce their commission fee (which he had withheld up to the point of my Review) as he considered that the service he had received had not warranted it. The Seller raised issues about viewings (saying that the Agent had left the Property unlocked on four occasions), a lack of updates and feedback, marketing costs and bias towards the Buyers. The Agent acknowledged that during one viewing a staff member had left a patio door unlocked, but had apologised profusely for their error.

Complaint

The Potential Sellers complained that the Agent had not made appropriate efforts to market the Property and that they had not received any contact from the Agent for over eight months to discuss the marketing strategy. The Agent disputed the Potential Sellers’ claims and referred to their progress notes to support their position.

Complaint
Shortly after the sale of their property, Mr and Mrs E (the Sellers) raised three complaints against the Agent concerning access to their property, a number of viewings and the provision of the Memorandum of Sale.