Misdescription and the Property Particulars
Complaint
The Property had been on the market with the Agent for one year after which the Seller
informed the Agent that they had replaced the laminate floor covering in one of the bedrooms and requested that the particulars be amended the Particulars within a reasonable time, the Seller raised a formal complaint asserting that the Agent’s shortcomings had prevented the sale of the Property.
Investigation
I found that it had been necessary for the Seller to chase the matter over a period of 10 weeks before the Agent finally ensured that the sale particulars and websites had been correctly amended. During this period the local newspaper also advertised the Property as having a £1,000 cash back incentive that the Seller had previously instructed the Agent to withdraw.
Outcome
I did not agree with the Seller’s viewpoint that the shortcomings of the Agent had prevented the sale of the Property, nor that the newspaper advert was detrimental to any prospective sale as I had been presented with no evidence to suggest that this had been the case. Nonetheless, I made an award of £50 for the unnecessary aggravation, distress and inconvenience caused to the Seller as a result of the Agent’s failure to act on clear instructions.
Learning
Marketing should be kept under regular review with the client. Any changes to the marketing requested by the client should be actioned as soon as practicable. In this case the complaint would not have arisen had the Agent taken these steps.