Complaint

Following the potential Buyer withdrawing from the transaction, the potential Sellers claimed that the Agent had fabricated information provided to the potential Buyer, including inventing offers and viewings. The Sellers also claimed that the Agent failed to deal with their complaint appropriately. The Agent’s response was that they simply applied 'gentle pressure' on a difficult purchaser to assist the progression of the transaction.

Stamp Duty Special Offer

How clear and unambiguous statements about marketing offers are essential to avoid confusion and comply with the CPRs.

Complaint

Mr and Mrs I (the prospective buyers and complainants) were due to exchange contracts on the property two days before Christmas but, on the day of the exchange, it was discovered that the sellers’ proposed onward purchase had suffered flood damage and was the subject of an insurance claim. Although Mr and Mrs I’s money was in place with their solicitor in readiness for exchange, given that the sellers were elderly, Mr and Mrs I did not wish for them to have to move into a water damaged property in the middle of winter. They agreed to postpone the exchange and completion until after Christmas. However, three weeks after the holidays the Agent contacted Mr and Mrs I to inform them that the sellers had accepted another offer and would not be proceeding with them. Mr and Mrs I immediately complained that the Agent had failed to keep them updated.

Complaint

The prospective tenant, Miss F, paid a holding deposit and administration fees to the Agent on the condition that the landlord agreed a break clause which met her employer’s approval. Miss F asserted that an agreement had been reached that if this requirement proved impossible she would get her money back. Unfortunately, following a suitable break clause not being agreed, Miss F withdrew and the Agent stated that they would only refund half of the monies.