Basic Complaints Handling
Complaint
Following their offer being rejected, the Potential Buyers alleged that the Agent had advised them that the Property was not under offer at the time they viewed, when a sale had actually been agreed to another party. The Potential Buyers also raised issues concerning the manner in which the Agent had dealt with their subsequent complaint.
Investigation
I found that an agreed sale, via another agent, had fallen through prior to the Potential Buyers’ viewing but that a further offer for the Property had been received via the other agent before the Potential Buyers had made their own offers. I found no evidence to suggest that the Agent was aware of the offer made via the other agent at the point the Potential Buyers made their offer. However, I also found that the submissions provided from both parties showed that the Agent had failed to provide the Potential Buyers with a copy of their internal complaints procedure. More concerning was the fact that it was abundantly
clear from the correspondence that the Agent’s staff were unaware of the need for such a
procedure.
Outcome
Given the Agent’s complete failure to produce or act on any in-house complaint handling process, I supported that part of the complaint and made an award of £100 for the inconvenience and aggravation subsequently caused to the Potential Buyers.
Learning
It is a requirement of the TPO Code of Practice for all Registered Firms to operate an in-house complaint procedure and to make this available to consumers upon request. Complaints must be dealt with promptly and in the correct manner, regardless of whether the allegations are considered to be justified or not.