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Harassed by an Estate Agent!!! Want to complain!

Just wondered if anyone can tell me how to complain about an estate agent who we have not signed up with.

Back in July following a call to his offices they pushed me into letting him come around to suggest what we should do prior to marketing the house and also give us a valuation - this was as normal free of charge. Everything was fine during his visit and at the end he suggested that we might like to use an IFA that was based in his office but whom he literally rented space to and had nothing else to do with. We subsequently had the IFA around and he has done a lot of investigative work for us, for which there is NO FEE. In the meantime the agent has come into the shop where I work and asked when he could sell my house!!

This week we decided we were going to put the property on the market but felt that the valuation given to back at the beginning of July was too low following visits from other agents and also my own investigative work (on which one agent commended me and asked me if I wanted a job!) I called him and asked if his original value still held. He said well I will market at whatever you want and agreed to the figures.

We subsequently received a letter from him stating his T&Cs which were different from those previously discussed so contacted his office. He eventually call me back at lunchtime the next day and we negotiated terms. I called my husband and then immediately called back to say that we would market the property with him, but he was out and so left a message with his office. This was at 1.30pm yesterday and as we did not get a call until 3.00pm today felt he was not interested and said that we wanted to reconsider.

At 5.30pm this afternoon a letter was delivered by him to our home stating that he had already done a lot of work for us such as the ahouse appriaisal and his IFA (HIS??) had done a lot of work on our behalf. The tone of the letter was not nice at all and he now wants us to call his office again tomorrow when again he will be out to leave yet another message for him!

To me this constitutes harrassment and as I have not signed a contract with him yet felt that I could not refer this to the Ombudsman. He is a registered member of the NAEA and wondered if I could complain to them?

I would really appreciate any help on this - and yes know I can save by doing this myself but need to have accompanied viewings, as although I have been told by the other agents I do a great job it is hard with a 2 year old hanging on you and no one to baby sit them!!

By the way the agent I am going with is only charging 0.95% with an 8 week contract so feel I have got a good deal!

Comments

  • This doesn't sound like harassment to me, it sounds like a breakdown in communication with the estate agent. I dont think the fact that he took nearly a day to call you says that he is not interested at all, he might have just been busy - you will not be the only client of the agency. And to be honest I appreciate the fact that the EA and broker have done a lot of investigative work for you, as I too sometimes end up in the same boat, doing a lot of investigative work for people who have not sold their house, or who are FTB's without a property in mind. You don't always get the business, and sometimes there are disappointments when you feel used and abused by clients. (Saying that, I've never given a client thats gone elsewhere a hard time, I just don't let myself get run ragged by timewasters). I think your EA and IFA are begining to think you are a timewaster.

    So, from the point of view of a professional I do sympathise with the EA and IFA.

    However in saying that I am not saying you have done anything wrong in exploring the options available to you, but the EA sending you a letter stating that they have done work for you and woudl like your business is a bit odd. Particularly if the tone really is off.

    I think you should arrange a meeting with this specific EA and have ready the terms under which you want to do business. If you were happy with the service that you received from the IFA there's no reason not to use him either. Hopefully this is all just a case of crossed wires and a little frustration from each party and can all be sorted out with a friendly chat.

    MM
    I am a Mortgage Adviser

    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Cara79
    Cara79 Posts: 580 Forumite
    Hi

    To be honest, what I would do is write a letter to the EA saying that you have not signed any agreement or contract and do not wish to enter into a contract with them. They cannot force you; you have not signed anything.

    If I were you, I would go with another agent.

    Personally, I don't think you're being "harrassed" as you were the one that invited them back to market the property at a higher valuation than back in July and it was you that telephoned them yesterday at 1.30 pm with the intention of entering into a contract with them.

    I agree however, that for the estate agent to write such a letter to you stating that he has done alot of work etc is out of order. i don't think it would be wise going to the ombudsman, but you may want to write to the managing director of the EA company enclosing a copy of the letter if you feel like doing so.

    As I see it, you have no contract with them and personally, I would ignore them and don't phone them.

    Good luck with finding another, better agent.
  • bagpuss
    bagpuss Posts: 124 Forumite
    Thanks for the comments - as you will see I have got another agent and one who appears to offer an excellent service with good strong comms and also a decent rate too!

    What is really unbelievable is that the letter and all communications with this agent have actually been from the owner of the company, who appears to be the only person in the organisation who does valuations and viewings. Also regarding the investigative work it was at the agents insistance that they came around and not mine, and to be honest the comments made were not especially helpful. As for the ISA he again was insistant about meeting with us even though we were not fully aware of what our actions were going to be, ie moving or not, and we have always kept in contact even if to say either he or I were working on something or making a decision about something but it would take some time.

    I am however going to check exactly how "independent" this IFA and certainly feel that if the EA knows how much he has being doing for us then this could possibly mean a break of confidence? All this said my gripe is not with th IFA but with the agent who conduct I do not find particularly professional and I will certainly follow the advice to deal with my chosen agent and ignore any further contact with this one!

    I also want to add that most people would deal with more than one agent when considering putting their property on the market and I am sorry if MortgageMamma feels that in doing so we are wasting their time as this does not fit the MSE ethos of getting the best deal to save us all money which is what I felt this site was all about
  • dunstonh
    dunstonh Posts: 119,828 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    IFA classification covers investment class business only. It does not cover mortgages. That has it's own classification. Ignoring that, there is no conflict of interest between what an estate agent does and what an IFA or mortgage adviser does. Just in the same way solicitors, accountants and IFAs pass clients between each other without being liable for the actions of the other.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    i suggest you get another agent, put the letter in the bin, forget him, and move on. selling/buying houses is stressful enough without your adding unnecessarily to the stress-load. Lighten up !! IF he were to write to you again, then maybe consider writing/phoning him.

    good luck
  • 0.95%, estate agents must be getting desperate for business !

    :)
  • bagpuss
    bagpuss Posts: 124 Forumite
    richgirl wrote:
    0.95%, estate agents must be getting desperate for business !

    :)
    New agent in this area although they have been around just up the road for years - as they are just starting out they want the business1 Everyone has said to me that they don't have the reputation in this area yet but with their big launch coming up in the next week and having a board that is a new one hopefully we will still sell - keep everything crossed!!

    Also spoke to the IFA this morning who is not happy about the way in which he has been used in order to gain a property.
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