Making a complaint about EA...

newhome4us

... what's the best way?

In a nutshell - I have been in protracted negotiations about a particular property and feel that the results (or the lack of thereof) have something to do with EA conduct!
I looked up TPO Codes of Practice (version 1 Aug 2011) and EA hasn't complied with the number of articles in the conduct of this sale. see copy here http://www.tpos.co.uk/code_of_practice_sales.htm

I wrote a letter to the EA but would like to hand deliver it rather than sending it to them as I feel it will give me more chance to catch them "red handed" so to speak, because some of the things I'm complaining about can be doctored and provided by them later, but if I go there and demand to see them there and then than any thing like that coulb be avoided.
Does anyone have any experience doing this... writing a complaint, how to go about it, best ways of putting it through to the EA?
Would I have a right to ask the EA to stop the current sale process going any further until my complaint is dealt with?

What is my position here? Any legals on here that could have a look at my letter and advise - would have to be in a private message for obvious reasons.
Or someone knowledgable about these things...
Could anyone provide the template for this sort of letter... or point me in the right direction.

Please advise... time is running out.

Surely a fight against the shoddy practice bad EA subject us to is a good thing for everyone...

Many thanks in advance

Blacksheep1979

If they've included factual inaccuracies in the property description then trading standards would be the people to speak to other than that, I'm not overly sure.

ognum

What is it you are trying to acheive with your letter? Are you trying to stop a sale that is already going ahead? Exactly how is your letter of complain going to help you or are you trying to help others?

Is this a chain of EAs or a single firm? If its a chain I would identify the CEO and send the letter directly to them if its a single firm I would go and personally speak to the senior person

However I note from your previous posts that you have had a shaky relationship with the EA since the start so actually think you will deliver your letter without much result

If you believe they have breached trading standard you could report this to trading standards or go to the Property Ombudesman

http://www.tpos.co.uk/

googler

Is this an EA working for you as a seller, or an EA who's selling on behalf of someone else, that you're buying from?

Are they members of the TPO code of practice scheme? Are they NAEA members? No purpose in complaining to either TPO or NAEA if they're not.....

Which articles of the TPO code do you think have been breached?

newhome4us

Blacksheep1979 wrote: »

If they've included factual inaccuracies in the property description then trading standards would be the people to speak to other than that, I'm not overly sure.

Not as such, but they have been inconsistent with their statements and they haven't complied with the TPO Codes of Practice

ognum wrote: »

What is it you are trying to acheive with your letter? Are you trying to stop a sale that is already going ahead? Exactly how is your letter of complain going to help you or are you trying to help others?

Is this a chain of EAs or a single firm? If its a chain I would identify the CEO and send the letter directly to them if its a single firm I would go and personally speak to the senior person

However I note from your previous posts that you have had a shaky relationship with the EA since the start so actually think you will deliver your letter without much result

If you believe they have breached trading standard you could report this to trading standards or go to the Property Ombudesman

http://www.tpos.co.uk/

Well I'm hoping that EA would have to take complaint seriously and address the issues in it, and as such the sale that is currently under way (according to the EA) would be put on hold until they can be certain that agents conduct did or didn't influence the outcome of the sale. So it might help me, but even if it doesn't it might make the agent think twice before they do this again to someone else. I understand that most people wouldn't bother, but unless someone complains they continue their shoddy practice...
It is a semi large EA with couple of branches, so intention was to go to the branch in question with the letter but also send a copy to the managing director of the company.
If you check the dates of my previous posts you'll see they are old and the purchase I was enquiring about then fell through... seller pulled out... and the agent didn't help the matters much then either. However theis is a different agent I'm dealing with now... although they do tend to be carbon copies of one another

As for complaining to the Property Ombudsman it was my understanding that I have to complain to the EA first, which I am doing... then if not satisfied The PO is the next step. That is the correct procedure, is it not?

googler wrote: »

Is this an EA working for you as a seller, or an EA who's selling on behalf of someone else, that you're buying from?

Are they members of the TPO code of practice scheme? Are they NAEA members? No purpose in complaining to either TPO or NAEA if they're not.....

Which articles of the TPO code do you think have been breached?

I am a buyer. The EA is a member of TPO code of practice, it is displayed on their website, and they are also in TPO database of members.
I believe they are in breach of articles 1f, 5h, 7a, 7b, 7c, 7d, 7e, 7f, 7h, also 8a, 10b. of the TPO Codes of practice
They are however not member of NAEA.

Thanks

ognum

newhome4us wrote: »

Well I'm hoping that EA would have to take complaint seriously and address the issues in it, and as such the sale that is currently under way (according to the EA) would be put on hold until they can be certain that agents conduct did or didn't influence the outcome of the sale.


I think one of the reasons people have an EA s to influence them in the decision making process regarding offers and sales

I am buying a house in which my offer was lower than another buyers and I refused to up my offer but it was still chosen because the EA consider I was more likely to complete and he advised the seller and encouraged them to accept my offer

I have no previous relationship with the EA but presented my offer better than the other purchaser

That is what the seller is paying for!

newhome4us

ognum wrote: »

I think one of the reasons people have an EA s to influence them in the decision making process regarding offers and sales

I am buying a house in which my offer was lower than another buyers and I refused to up my offer but it was still chosen because the EA consider I was more likely to complete and he advised the seller and encouraged them to accept my offer

I have no previous relationship with the EA but presented my offer better than the other purchaser

That is what the seller is paying for!

I am happy for you... not so happy for the other buyer in that purchase though!
And I question how many people here would disagree with your judgement of why people invlove EA in house buying process, but by all means you are entitled to your opinion on that. So fair enough...

But first and foremost sellers are entitled to make up their own mind, and in order to do that they need to be presented with the facts that are indeed facts and not EA interpretation of those facts or even worse by EA ommiting to mention any facts that buyer wanted them to!!
In your case, when you say you have "presented" your offer better than the other purchaser that is your assumption... what you are actually saying is that your offer was presented to the seller in a better light by EA and this is a part where EA should be impartial.

If you put yourself in the shoes of the other buyer, he might have a different opinion because in effect he was disciminated against due to EA opinion of him/them?!

But anyway... what I am questioning in our case is that the EA didn't present the seller with our offer in the way it was intended and asked. He admited he witheld certain information when presenting the seller with our offer, therefore his "influence" on the seller wasn't impartial, it was more of a case where EA decided on seller's behalf what seller should know and what not?!
That is in direct breach of the codes of practice that agents are under obligation to follow... and that is a problem here!!

ognum

newhome4us wrote: »

I am happy for you... not so happy for the other buyer in that purchase though!
And I question how many people here would disagree with your judgement of why people invlove EA in house buying process, but by all means you are entitled to your opinion on that. So fair enough...

But first and foremost sellers are entitled to make up their own mind, and in order to do that they need to be presented with the facts that are indeed facts and not EA interpretation of those facts or even worse by EA ommiting to mention any facts that buyer wanted them to!!

Can you prove that the seller was not presented with the facts because if you cannot then you may not have a case

In your case, when you say you have "presented" your offer better than the other purchaser that is your assumption... what you are actually saying is that your offer was presented to the seller in a better light by EA and this is a part where EA should be impartial.

EAs are not impartial they are interested in the seller not the buyer and will advise on who they believe will complete quickly and efficiently they are not acting for the buyer

It is about how you present your offer dont give too much information but just enough to make you a prefered buyer! It is naive to believe it isnt

If you put yourself in the shoes of the other buyer, he might have a different opinion because in effect he was disciminated against due to EA opinion of him/them?!

It is not the EAs decision it is the sellers decision In my case the seller met and showed the house so he also had an opinion did your seller meet you?

But anyway... what I am questioning in our case is that the EA didn't present the seller with our offer in the way it was intended and asked. He admited he witheld certain information when presenting the seller with our offer, therefore his "influence" on the seller wasn't impartial, it was more of a case where EA decided on seller's behalf what seller should know and what not?!

Would you be prepared to say what information was withheld and why you think it was withheld? Has the seller told you it was not given?

That is in direct breach of the codes of practice that agents are under obligation to follow... and that is a problem here!!

I do feel you anger and your pain with this and I hope you get some settlement I do wonder though if you will succed in getting a sale stopped I somehow doubt it Im afraid

newhome4us

ognum wrote: »

I do feel you anger and your pain with this and I hope you get some settlement I do wonder though if you will succed in getting a sale stopped I somehow doubt it Im afraid

To answer your questions:

I know that the EA didn't convey our offer in the way it was intended because the EA told me so.

The only way I can prove it is by getting copy of the confirmed offer, which EA did not provide, thus he didn't follow codes of practice... and that's a part of my complaint.

Did not meet the seller, that is the other part of the problem as seller is not living at the property so I am at EA mercy...

And yes EA works for the seller, but also has obligations to treat the buyers with respect and fairness... and that includes conveying buyer's offers to the seller in the fashion they were intended.
Unfortunately it seems that in EA world fairness and respect and truth are not highly rated. Apologies to all the EA that statement does not apply to

DVardysShadow

newhome4us wrote: »

I believe they are in breach of articles 1f, 5h, 7a, 7b, 7c, 7d, 7e, 7f, 7h, also 8a, 10b. of the TPO Codes of practice
They are however not member of NAEA.

Thanks

Sanity Clause? There ain't no 5h ?????

DVardysShadow

newhome4us wrote: »

To answer your questions:

I know that the EA didn't convey our offer in the way it was intended because the EA told me so.

The only way I can prove it is by getting copy of the confirmed offer, which EA did not provide, thus he didn't follow codes of practice... and that's a part of my complaint.

Did not meet the seller, that is the other part of the problem as seller is not living at the property so I am at EA mercy...

And yes EA works for the seller, but also has obligations to treat the buyers with respect and fairness... and that includes conveying buyer's offers to the seller in the fashion they were intended.
Unfortunately it seems that in EA world fairness and respect and truth are not highly rated. Apologies to all the EA that statement does not apply to

Your main recourse is to the vendor direct. Your money is intact, you have lost nothing that a court would recognise you as losing.

So you need to contact the owner direct - letter to the owner [not seller] put through the door or posted with your issue and contact details.

If this was anything to do with not taking a mortgage through the agent or similar, do let us know.