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.
In relation to marketing, the Agent’s progress notes and the other documentation on their file indicated that they had carried out an acceptable level of marketing to the extent that the sales particulars had been sent to 20 registered applicants and the Property had been advertised several times in the local newspapers and consistently marketed on national property web portals. However, the progress notes showed no interaction with the Potential Sellers over the eight month marketing period. Furthermore, a call log included on the file appeared to have been compiled during the Agent’s investigation of the complaint. Whilst this document stated that six attempts had been made to contact the Potential Sellers, no notes of any conversations were recorded.
Whilst I did not support the complaint concerning the marketing of the Property, I pointed out that the Agent’s failure to maintain adequate written or computerised contemporaneous notes in accordance with their obligation under the TPO Code of Practice had prevented me from carrying out a thorough investigation of their communication with the Potential Sellers. I also commented that I did not consider that six telephone calls over an eight month
period constituted an adequate level of contact in order to keep the marketing strategy under review with their clients. I upheld this part of the Complaint and made an award of £100.
All contact with clients, buyers and other associated parties should be recorded in writing at the time that contact occurs. Simply noting that a telephone call was made without recording the content of that conversation has little, if not no value.