b'THE PROPERTY OMBUDSMAN ANNUAL REPORT 2019Deputy Ombudsmans Report Jane Erskine, Deputy OmbudsmanWe all recognise the importance of a home to our livesWe continue to engage with the industry on this and and we appreciate the distress that can be caused toother issues which are causing concern and, in 2019,both consumers and agents when things go wrong,did so by way of case studies, webinars, conferences and particularly where there is an ongoing relationship.training courses (provided through Propertymark). As ever, better agent behaviour built on the foundationAs an Ombudsman Scheme, our focus, in addition toof clear Codes and guidance ensures better outcomes resolving consumer disputes, is to actively assist in, andfor consumers.contribute towards, raising standards in the industry by highlighting and promoting best practice. We use ourThe case studies on pages 12 to 15 show how we at TPO evidence base in combination with horizon scanning ininvestigate complaints and how we apply the TPO Codes order to identify any areas that are causing significantof Practice to achieve fair and impartial outcomes that consumer detriment, seeking to highlight issues in seek to help both parties draw a line under the issues order to support greater access to justice.and move on.We aim to ensure that TPO continues to be a purposeful, efficient and effective organisation, In 2019, a particular focus was dual commission feeensuring that both consumers and agents have cases. We noted the rising number of complaints and,confidence in our expert decision-making withinhaving sought the views of our Industry and Consumerthe property sector.Forums, issued guidance supporting our revised Codes of Practice, setting out our approach to such cases (available on our website). All cases are dealt with on the specific facts presented but the guidance, in combination with the Codes, provides clarity to parties, who canJane Erskine proceed knowing how to avoid these situations andDeputy Ombudsmanhow TPO will deal with the matter if a dispute arises.Feedback received, such as the agent who commented Thank you for your helpful clarification on your position. I absolutely understand your stance has demonstrated that our clear Guidance has been welcomed and changes the behaviour of agents so that there is pre-compliance. We believe that the only way for consumers to be protected from innocently being faced with two commission fees is for agents to always ask a newclient whether the property has been previously marketed with another agent and, if that isthe case, to act in accordance with theobligations outlined in the Code.7'