Annual Report: freehold vs. leasehold

Published on Friday, 09 June 2017. Posted in Case Studies

Whose responsibility is it anyway? This case summary looks at a tenure dispute - find out more about the complaint and the Ombudsman’s ruling after the agent claimed long leaseholds amounted to ‘the same thing’ as freehold.

Annual Report: Property search ‘fails’ to mention land earmarked for a new town

Published on Tuesday, 04 October 2016. Posted in Case Studies

TPO’s work with other trade bodies and Compliance Boards adds to the scheme’s unrivalled knowledge of all sectors of the property industry. This case concerns the actions of a search provider after a buyer alleged it had failed to disclose a planning application for a new town in the vicinity of the property she had purchased.

Annual Report: The risk of buying blind at auctions

Published on Tuesday, 04 October 2016. Posted in Case Studies

This buyer thought he had bought a two bed property at an auction, only to discover the house had just one bedroom. The Ombudsman’s role in this case was to unravel the events that proceeded the auction, and the actions of the agent on the day itself before the gavel fell.

Annual Report: Referencing & Rent Arrears

Published on Tuesday, 04 October 2016. Posted in Case Studies

This landlord claimed their agent was negligent and in breach of contract for its failure to adequately reference two tenants who went on to accrue significant arrears, resulting in a court possession order. The agent, who used a recognised third party referencing company, disputed the claims and the landlord lodged a complaint with TPO seeking nearly £20,000 for rent arrears together with compensation for emotional trauma and distress.

Buying Agent Fees

Published on Friday, 17 April 2015. Posted in Case Studies

Complaint

In this case, the potential Buyer argued that the Buying Agent she had instructed, charged her an excessive abortive fee when she withdrew an offer that she had made for a property on the same day it had been made and accepted by the Seller. The Agent maintained their entitlement to charge the fee, given that it was detailed in the terms and conditions of their agreement.

No-Man’s Land

Published on Friday, 17 April 2015. Posted in Case Studies

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.