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Estate Agents
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holly_hobby wrote: »Bambiford (without hijacking the OPs thread), FOS don't deal with complaints about Estate Agents, you need to establish if the Agent is a member of NAEA (National Association of Estate Agents), whom do operate a mediation service in connnection with members ?
Membership by estate agent and adherance to the Code of Practice & Rules of Conduct laid down by the NAEA, is on a volunatry basis (so the agent in question may not be registered, but its worth checking). Link to check for membership - https://www.naea.co.uk/estate-agent-directory/
Secondly, if the contract states a withdraw fee, then unfortunately there is a withdraw fee. What you need to do, in making a complaint, is have this reduced or agreed to a nil balance to pay. (based on the service issues you have detailed).
So, in the first place you need to make a formal complaint about this to the agent, citing in a clear, CONSISE, and punchy letter (use bullet points of ease of reading), the basis of your complaint, and what you want the agt to do to resolve the issue (i.e nil withdraw penalty).
AFAIK, the agents are unable to initiate court proceedings, whilst there is an unresolved dispute in place (notwithstanding if they have issued a final response in the matter).
I have attached a link to NAEA for you, which details the complaints procedure- http://www.naea.co.uk/complaints/what-to-do-if-you-have-a-complaint/
Hope this helps
Holly
No, the FOS don't deal with Estate Agency complaint but The Property Ombudsman does.
However, you have t go through the EA's in-house complaints proceedure before the TPO will help.My home is usually the House Buying, Renting and Selling Forum where I can be found trying to (sometimes unsucessfully) prove that not all Estate Agents are crooks. With 20 years experience of Sales/Lettings and having bought and sold many of my own properties I've usually got something to sayIgnore......check!0 -
Thanks for your help everyone. I am trying to figure out how to start a new thread - no doubt it is obvious but not to me. Hence why I hijacked this thread which is related to withdrawal fees!0
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DVardysShadow wrote: »Yes. start a new thread. I could comment, but I won't do that on an existing thread for a substantially unrelated issue.0
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the NEW THREAD button0
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Seriously I am not that daft. That is what I am looking for. Could it be that the button is not showing because I only joined today?0
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For some reason this thread is topped with only a blue "POST REPLY" button whereas other threads enable you to start NEW THREADS. Thanks though.0
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Estate agency fee structures may vary by area - I've spoken with a number of estate agents in my area recently, and it seems that 'traditional' they are the best, I keep posting this, why oh why people keep getting stung!!!long established estate agents don't tend to charge withdrawal fees or advertising charges, if you withdraw. But some of the national chains zzzzzzzzzzzzz, again, I warn people......or sell you their mortgage as a condition of putting your offer to the seller, or force you to take their useless conveyancing (good luck on the mistakes they make).....:eek:are starting to introduce this concept. (Not surprisingly, the traditional local agents are very scathing of this!)
As one of the local agents explained, estate agency is a speculative business - if you sell the house you make a good commission, if you don't you suffer a smaller loss (even if it's because the seller withdraws).
Obviously, agents commission rates are set such that they expect their commission on sales to far outweigh their losses on non-sales.
If some agents want to reduce the speculative/risk aspect by introducing withdrawal fees, that's up to them. But I would expect them to cut their commission rates at the same time, as they are no longer suffering such big losses on non-sales.
But strangely, the national chains actually seem to quote higher commission rates there is a shocker , as well as withdrawal fees and advertising charges (and ridiculously long contract periods). However, the national chains seem to agree to slash and with it their service their rates with minimal persuasion - whereas the local ones tend not to budge because they need to charge you a sensible fee to provide you with their excellence on their already low rates.
Great example of independent v national 'low end' residential property estate agents.My posts are just my opinions and are not offered as legal advice - though I consider them darn fine opinions none the less.:cool2:
My bad spelling...well I rush type these opinions on my own time, so sorry, but they are free.:o0
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