Complaint
Following the completion of the purchase, the buyer, Miss E, raised a number of complaints with the Agent regarding the pressure placed on her to use their associated conveyancing service, their record keeping concerning her offers and their subsequent complaint handling process.
Complaint
In this case the tenant, Mr C, alleged that the Agent had provided him with misleading information concerning a right of way across the Property. The Agent responded stating that the information had been provided to them in good faith by the Landlord.
Keeping adequate records can make all the difference whether or not an estate agent fails to counter a complaint made to The Property Ombudsman.
In his first Interim Report of 2012, the Ombudsman, Christopher Hamer, directs his attention to the industry and specifically focuses on how property transactions are recorded.
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
The Sellers, complained that, as the housing market had been so quiet, they had suspended
the marketing of the Property but had reached an understanding with the Agent that they should still keep the Property in mind if any potential buyers showed an interest in similar properties. The Sellers believed this had terminated their agreement with the Agent. However, six months later the Agent called the Sellers to arrange a viewing which
resulted in an offer and the Property being sold. The Sellers claimed that due to the lack of active marketing, they should be given a reduction in the commission fee. They also complained that the Agent had not passed information on to the Buyer as they had requested and failed to record and pass information on to their staff, leading to the Sellers
being unnecessarily inconvenienced during the transaction.
Complaint
The Landlords complained that the Agent had not given adequate notice of the Tenant’s
intention to vacate the property, that they had not chased up rent arrears and that they had
failed to adequately respond to their subsequent Complaint. The Agent responded by stating
that the Landlords were already aware of the Tenant having given notice and referred to the
contemporaneous progress notes on their file to support their view.
