Issue with Estate Agent - Double Commission

chickmug

Harbottle wrote: »

Agent A is not a member of the NAEA nor a member of an Ombudsman scheme.

Agent B is a member of the NAEA and OEA. When our solicitor asked Agent B to liaise with Agent A they point blank refused and said it was not their responsibility, not in their contract and that we needed to sort it out ourselves. On completion Agent B pointed to a clause in the contract which stated that if we didn't pay them within 10 days of completion then the commission payable to them would double. Agent B also put it in writing that we had agreed to pay Agent A separately which is a complete lie.

To cap all this we then had a board war (more a board skirmish) where Agent A removed Agent B's board and chucked it in a hedge and changed their own board to sold.

Any thoughts on how to play this would be appreciated...

I am so sorry this has happened and little wonder EA's get such a bad name even for the decent ones. Have you tried TS and CAB? Board wars ---- I am in disbelief that they are so immature.

chickmug

Harbottle re- reading your last post why don't you call the NAEA and ask their advice. Contrary to what the public think they can come down very hard on its members at times. Here's the phone numbers: -

http://www.naea.co.uk/contact/default.aspx

Harbottle

Hi

I have already spoken to the team at the NAEA to find out if Agent A was a member which they are not. The NAEA felt we had a strong position to not pay.

Do you think, based on what I have written, that I have complaint against Agent B that the NAEA would investigate?

Also what is the most negative impact (from Agent A's perspective) of taking us to court and losing?

chickmug

Harbottle wrote: »

Hi

I have already spoken to the team at the NAEA to find out if Agent A was a member which they are not. The NAEA felt we had a strong position to not pay.

Do you think, based on what I have written, that I have complaint against Agent B that the NAEA would investigate?

Also what is the most negative impact (from Agent A's perspective) of taking us to court and losing?

I think you have to call the NAEA and make it clear you are not happy and ask in what way they can help you. I had the odd complaint and their compliance guy came in like a 'bull in the china shop' before even asking my point of view.

Many EA's take people to court and don't give it a second thought. Sometimes it is based on greed but surprisngly based on their thinking they need to prove a point. I know of agents who end up spedning more than the amount owed just to win!

In my case I never went to court as I always found sensible common ground.

Harbottle

Got some minor good news today.

Trading Standards confirmed that my complaint about Agent A has been handed over to their enforcement team and that Agent A is not a member of either Ombudsman Scheme. So looks like he will be getting a fixed penalty £1000 fine.

besonders1

I have heard postings like OP's before especially with the credit crunch the EAs will be more desperate to get their hands on the cash thats not rightfully theirs.

What I want to know is, how did agent A find out that the house had been sold to the same buyer without beaching confidentiality laws with the solicitor? The solicitor should have not disclosed who the buyer was due to the data protection act.

1984ReturnsForReal_2

"Throughout the entire process Agent A was not involved"


Thats not true though is it...

maninthestreet

1984ReturnsForReal wrote: »

"Throughout the entire process Agent A was not involved"


Thats not true though is it...

I think the 'process' being referred to is from the buyer's offer through to completion of the sale.

maninthestreet

Harbottle wrote: »

Got some minor good news today.

Trading Standards confirmed that my complaint about Agent A has been handed over to their enforcement team and that Agent A is not a member of either Ombudsman Scheme. So looks like he will be getting a fixed penalty £1000 fine.

What will the fine be for??

RabbitMad

maninthestreet wrote: »

What will the fine be for??

From ADR Now: http://www.adrnow.org.uk/go/SubPage_65.html

From 1st October 2008 all estate agents are required to be members of an approved redress scheme. The Office of Fair Trading has approved two schemes:

• The Ombudsman for Estate Agents (OEA)
• The Surveyors Ombudsman Service

Links to their websites can be found at the bottom of this page.

This information applies in England and Wales.