ESTATE AGENTS OMBUDSMAN
How
do you know you can trust your estate agent? They don’t
all have a good reputation! If you’re trying to buy your dream home and you’re
told there are higher offers on the table, can you be sure the
offers really exist?
If you’re the seller – how do you know you’re
hearing about the highest offers and not just those from a friendly
local property dealer?
Can you be sure that your estate agent is doing the job competently
and honestly?
The Consumer Association
went undercover to find out what’s
going on in England and Wales, and they'd like to find out what’s
the situation in Northern Ireland.
And if you’re
not happy with your estate agent, what can you do?
How to tell if your
Estate Agent is a Member
What complaints can be dealt with by the Ombudsman?
What complaints cannot be dealt with?
How can you complain to the Ombudsman?
What will the Ombudsman do?
What happens when a decision is made?
How
to tell if your Estate Agent is a Member
Although not mandatory, any Estate Agency in the UK can apply
to join the OEA scheme. Member Agencies must meet certain criteria
as laid down by the OEA Board.
To tell if your Agent
is a Member, look for the OEA logo on the Agent’s window
or stationery.
If you are still not
sure, you can contact the Ombudsman’s
Office who will tell you – contact details are here.
What complaints can be dealt with by the Ombudsman?
Your complaint may be considered by the Ombudsman if you believe
a Member Agency has:
• infringed your legal rights or not complied with the "OEA
Code of Practice"; or
• treated you unfairly; or
• been guilty of maladministration (including inefficiency or undue
delay);
in a way that results in you losing money or suffering inconvenience.
The Ombudsman’s
Office can help you if you are not sure.
What complaints cannot be dealt with?
Broadly speaking, the Ombudsman cannot deal with your complaint
if:
• Your complaint is not against a Member Agency.
• Your complaint is not made as a private individual.
• Your complaint is being, or has been, dealt with by a court or
similar body.
• Your complaint is about a survey and/or a formal valuation of the
property.
• Your complaint is about a property letting.
• You (or your spouse or partner) have been given special terms because
you are (or were) an employee of the Member Agency concerned.
•
Your claim is for more than £25,000.
• Your complaint refers to something that happened more than 12 months
before you complained in writing to the Member Agency, or before
the Agency became a Member of the OEA.
•
You refer your complaint to the Ombudsman more than six months
after you receive the Member Agency’s final offer of settlement
or answer.
How can you complain to the Ombudsman?
Tell the Member Agency concerned that you have a complaint and
want them to look at it under their internal complaints procedure.
The Ombudsman will not normally consider your complaint unless
you have tried this first. If the Member Agency does not deal with
your complaint within 3 months of receiving it in writing, then
you may take it direct to the Ombudsman.
If the Member Agency has finished considering your complaint (they
will normally tell you so) and you are still dissatisfied, you
can write to the Ombudsman at the address given at the end of this
Guide with details of your complaint.
What will the Ombudsman do?
The Ombudsman will ask for full details from you and the Member
Agency.
The Ombudsman’s
Office may try to settle the dispute by agreement between you
and the Member Agency.
If this is unsuccessful, the Ombudsman consider all the relevant
factors and make a decision according to what he believes to be
fair in all the circumstances.
What happens when a decision is made?
The Ombudsman will send his decision to you and to the Member
Agency. You can accept or reject his decision.
The Member Agency has
agreed to pay any compensation up to £25,000
awarded against it by the Ombudsman - provided you accept the payment
in full and final settlement of your complaint.
If you reject the Ombudsman's decision, it will lapse and you
are free to do as you wish. If you wish to take legal action, you
can do so. Your legal rights will not
have been affected by the Ombudsman's decision.
THE OMBUDSMAN FOR ESTATE AGENTS
TEL 01722 333306
We’d like to hear
your experiences buying or selling a house email us at
oyb@bbc.co.uk
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