Deregulation Act
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Regulation & Law
Righting the wrongs
When a vendor was recently advised by the estate agent to reduce his asking price and complete additional works on the property, it seemed like sound advice to speed up the sale of his property, especially as the house went under offer just a few days later. But when it materialised that the buyer was actually a member of staff at the estate agency, the seller issued a complaint to the Ombudsman Services on the grounds that the company had failed to disclose this conflict of interest, which may have influenced the negotiation. “In the small number of cases where people have complaints these should be addressed quickly and effectively.” Brandon Lewis, Minsiter for Housing & Planning The estate agent maintained that it sold the property to the highest bidder. It also stated that the complainant was aware of the conflict in interest. However, upon investigation, the Ombudsman Services could find no evidence to show that the conflict of interest was disclosed to the complainant (the vendor) in writing, which is a legal requirement, in accordance with the Estate Agents Act. Following its failure to follow the rules, Ombudsman Services ordered the company to reduce their commission for selling the…
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Regulation & Law
42% rise in complaints to The Property Ombudsman
There has been a significant increase in complaints made to The Property Ombudsman (TPO), partly due to a growing trend in the consumer world to challenge when a product or service does not offer satisfaction, and partly due to a sharp rise in the number of agents signed up to the TPO. Six months on from the introduction of new legislation, making it a legal requirement for lettings agents and property managers in England to join a Government approved redress scheme, the report shows that the number of letting offices now signed up to TPO scheme has reached a record level of 12,915, up 28 per cent year-on-year. This brings the total number of sales and lettings offices offering TPO’s free, independent dispute resolution service to 26,735. Commenting on the report, Christopher Hamer (left), The Property Ombudsman, said, “In 2014 we saw continued and significant growth in the Private Rented Sector. With an estimated 1.6 million private landlords, many of whom have limited experience and understanding of their responsibilities, and large numbers of consumers seeking tenancies, the role of letting and managing agents in providing quality customer service based on a comprehensive knowledge of relevant legislation, is more important now…
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