DUAL FEE DISPUTE: WHO CAN CLAIM COMMISSION? In this case, the Ombudsman was asked to decide on a dual fee dispute, with two agents pursuing a seller for commission fees, both claiming introduction of the buyers. The seller was elderly, bereaved and lacked experience and knowledge of the sales process. The seller instructed Agent A on a sole basis, but terminated the instruction and switched to Agent B, again on a sole agency basis. Although introduced by Agent A, the buyers were not in a position to proceed at the time. A few weeks later, when the buyers’ circumstances changed they resubmitted their offer but to Agent B, who was now marketing the property. A dual fee situation resulted, with the seller having paid Agent B’s fee but subsequently pursued, nearly a year later, for a fee from Agent A, who had discovered the sale via Land Registry records. Both agents had a contractual claim to a commission fee. So, it was for the Ombudsman to decide the matter in terms of what was fair and reasonable for the consumer. Read the case in full here:- www.tpos.co.uk/news-media-and-press- releases/case-studies/item/dual-fee- dispute-who-can-claim-commission IT’S RAINING, IT’S POURING... AND THE WAIT IS GETTING BORING The leaseholder in this case complained of failures on the part of the managing agent for the block in dealing with and resolving the issue of a water leak at the property. The water leak was caused following a period of very heavy rain when an overflow of water from the balcony of the flat above leaked into the ceiling and down the interior walls of the complainant’s property. The agent was not available on the day of the leak and took three days to respond to the complainant. They said they were trying to contact the tenants in the above property to resolve the issue and also needed the insurers’ consent to carry out any repairs. They asked the complainant to wait for this before instructing a contractor to repair the damage to the property. It took six months after the water leak had occurred for the agent to obtain the necessary authority to allow the complainant to arrange for the repairs to be carried out in their flat. Find out more about this case and the Ombudsman’s decision in full here:- www.tpos.co.uk/news-media-and-press- releases/case-studies/item/it-s-raining-it- s-pouring-and-the-wait-is-getting-boring  THE PROPERTY OMBUDSMAN ANNUAL REPORT 2017