Making a complaint about EA...

newhome4us

DVardysShadow wrote: »

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

???? Sanity Clause? Sorry I don't get it?!

There is 5h however.
along the line of... Answers to questions about the proeprty must be truthful and not misleading.

newhome4us

DVardysShadow wrote: »

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.

So what you're sayin is because there's no direct loss (even though the EA conduct might have cost us loosing the property!!) we're stuffed?! Surely that's why there's Property Ombudsman and OFT in place, so that EA follow certain rules and consumer (i.e. buyer) is protected?

As for contacting the owner direct well that isn't always possible, is it? The property is empty, the seller is unknown entity to us as we haven't any writen confirmations of our offers from EA (another breach of Codes of Practice). So yes I would very much like to put my views to the seller/owner directly but because EA is in a middle I am prevented from doing so. That is why I'm intending to complain to the EA and also ask them to forward my complaint to the seller so that he (the seller) can be aware of it and make up his own mind. Obviously I'm asking for much?! Or am I? Only asking what the EA should have done in the first place...

DVardysShadow

newhome4us wrote: »

???? Sanity Clause? Sorry I don't get it?!

There is 5h however.
along the line of... Answers to questions about the proeprty must be truthful and not misleading.

OK, misread the new one. There is not a 5h in the old one. If you are going to beat the agent over the head, you need to be clear about which one he should comply with - as governed by the date of the marketing

newhome4us

DVardysShadow wrote: »

OK, misread the new one. There is not a 5h in the old one. If you are going to beat the agent over the head, you need to be clear about which one he should comply with - as governed by the date of the marketing

Thanks, I am aware of two versions and I am clear on that in the letter - marketing started after 1 Aug therefore the TPO Codes of Practice that came in force on 1 Aug 2011 will apply. You seem to be in legal profession, would you be willing to give some helpful pointers please? I'd really like to finish this letter and take it over tomorrow... Could really do with some help...

suljka

newhome4us wrote: »

... 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

I feel for you! But I'm afraid I have no experience in this whatsoevre.
So really I just want to express my support :beer:
Iif more people did what you're doing and actually took time to complain about EA's conduct the whole house buying/selling thing would be a better place for everyone, maybe all those bad EA would think twice before doing what they do best, lie, trick people and all the rest

Good luck, I'm sure other posters will have some more valuable advice, let us know what happens

newhome4us

Thanks suljka I really appreciate your support. But to be honest it seems others don't share your opinion... people please?! I could really do with some constructive advice or suggestion here - surely someone out there has done this before? Please

DVardysShadow

newhome4us wrote: »

You seem to be in legal profession, would you be willing to give some helpful pointers please? I'd really like to finish this letter and take it over tomorrow... Could really do with some help...

You would laugh if you know what I really do.

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

1f: You need to be either vulnerable or especially harassed for this to stick

5h: You need a good standard of evidence to prove misrepresentation - and if you bought, then your solicitor or surveyor should have found out most issues where misrepresentation could be claimed

7a, 7b, 8a: These are the Agent's responsibilities to the seller. The seller has redress for these, you don't

7c, 7d, 7e: Good ones if you have evidence

7f, 7h: These appear to stand in contradiction to each other. If other offers were disclosed to you, you only have grounds for complaint if they were not genuine. If offers were not disclosed to you, you can't complain about invented offers

10b: He was rude. I think he has to be especially rude for this one to be worth taking forward.

On the whole it seems to me that this guy has probably done some things which you have grounds to complain about, but has definitely riled you to the point that you want to throw the book at him.

If you want to take this forward, I suggest you trim your complaint list down to the things which

• affect you, rather than the seller
• are the more serious issues on your list
• you have fair evidence for

If you go with the whole list, you give him plenty of space to wriggle out of a lot of it, which will be to the detriment of your better points.

newhome4us

DVardysShadow wrote: »

You would laugh if you know what I really do.
... and you would laugh if you knew what I do... when I'm not declaring the war on EA that is

1f: You need to be either vulnerable or especially harassed for this to stick
Fair point I suppose, although some other guidelines on the TPO website suggest otherwise, specifically when it comes to EA conduct with FTB.

5h: You need a good standard of evidence to prove misrepresentation - and if you bought, then your solicitor or surveyor should have found out most issues where misrepresentation could be claimed.
I'm not going with this one anyway as it is more related to written misrepresentation, so not much to go on there.

7a, 7b, 8a: These are the Agent's responsibilities to the seller. The seller has redress for these, you don't
I don't see how you conclude that these are responsibilities towards the seller and not a buyer. 7a specificaly says "... must confirm each offer in writing to the seller, and to the buyer who made it, within 2 days"
As for 8a - if agent fails to ask for the basic inf such as your address, he isn't really taking you seriously is he? Nor is he taking his sellers interest seriously.

7c, 7d, 7e: Good ones if you have evidence
Well I can only get evidence for those if agent did confirm offers in writting, which he didn't, going back to 7a. At the moment I have what I was told and that is that he didn't disclose our offer as we asked him too.

7f, 7h: These appear to stand in contradiction to each other. If other offers were disclosed to you, you only have grounds for complaint if they were not genuine. If offers were not disclosed to you, you can't complain about invented offers
I think you might have misunderstood these. One refers to misrepresentation of existence of other offers, the other to the amount of other offers, stipulating that if one buyer is told about amount of another offer than the agent must tell all the other buyers about the amount of all the other offers. He told us about the amount of one, but then refused to tell us about the next one.


10b: He was rude. I think he has to be especially rude for this one to be worth taking forward.
My point here is not as much about his rudness (although there's a lot of room for improvement there) but more about him treating us unfairly... although I understand how that might not stick...

On the whole it seems to me that this guy has probably done some things which you have grounds to complain about, but has definitely riled you to the point that you want to throw the book at him.
You can say that again...

If you want to take this forward, I suggest you trim your complaint list down to the things which

• affect you, rather than the seller
• are the more serious issues on your list
• you have fair evidence for

If you go with the whole list, you give him plenty of space to wriggle out of a lot of it, which will be to the detriment of your better points.

You have a good point there, but the problem with these things is that the "fair evidence" is one of the things that is in a short supply precisely because EA didn't comply with the CofP so therefore there's not much evidence of anything - but that is a part of complaint, if you see what I mean?!

ANyway thanks for your advice.
DO you have any other suggestions - would I be better of trying some kind of a different aproach?!

DVardysShadow

newhome4us wrote: »

Originally Posted by DVardysShadow
You would laugh if you know what I really do.
... and you would laugh if you knew what I do... when I'm not declaring the war on EA that is

1f: You need to be either vulnerable or especially harassed for this to stick
Fair point I suppose, although some other guidelines on the TPO website suggest otherwise, specifically when it comes to EA conduct with FTB.

5h: You need a good standard of evidence to prove misrepresentation - and if you bought, then your solicitor or surveyor should have found out most issues where misrepresentation could be claimed.
I'm not going with this one anyway as it is more related to written misrepresentation, so not much to go on there.

7a, 7b, 8a: These are the Agent's responsibilities to the seller. The seller has redress for these, you don't
I don't see how you conclude that these are responsibilities towards the seller and not a buyer. 7a specificaly says "... must confirm each offer in writing to the seller, and to the buyer who made it, within 2 days"
As for 8a - if agent fails to ask for the basic inf such as your address, he isn't really taking you seriously is he? Nor is he taking his sellers interest seriously.

7c, 7d, 7e: Good ones if you have evidence
Well I can only get evidence for those if agent did confirm offers in writting, which he didn't, going back to 7a. At the moment I have what I was told and that is that he didn't disclose our offer as we asked him too.

7f, 7h: These appear to stand in contradiction to each other. If other offers were disclosed to you, you only have grounds for complaint if they were not genuine. If offers were not disclosed to you, you can't complain about invented offers
I think you might have misunderstood these. One refers to misrepresentation of existence of other offers, the other to the amount of other offers, stipulating that if one buyer is told about amount of another offer than the agent must tell all the other buyers about the amount of all the other offers. He told us about the amount of one, but then refused to tell us about the next one.


10b: He was rude. I think he has to be especially rude for this one to be worth taking forward.
My point here is not as much about his rudness (although there's a lot of room for improvement there) but more about him treating us unfairly... although I understand how that might not stick...

On the whole it seems to me that this guy has probably done some things which you have grounds to complain about, but has definitely riled you to the point that you want to throw the book at him.
You can say that again...

If you want to take this forward, I suggest you trim your complaint list down to the things which

• affect you, rather than the seller
• are the more serious issues on your list
• you have fair evidence for

If you go with the whole list, you give him plenty of space to wriggle out of a lot of it, which will be to the detriment of your better points.

You have a good point there, but the problem with these things is that the "fair evidence" is one of the things that is in a short supply precisely because EA didn't comply with the CofP so therefore there's not much evidence of anything - but that is a part of complaint, if you see what I mean?!

ANyway thanks for your advice.
DO you have any other suggestions - would I be better of trying some kind of a different aproach?!

Quoted for the sake of history.

For whatever reason, newhome4us seems now to be conducting a vindictive little campaign against me. Look, your problem is with the agent. If you don't like the advice, then tough.

BitterAndTwisted

When people post on here asking for letter-templates they often don't welcome anyone asking questions in order to help them properly. Then they complain that they're not getting "constructive" replies.

This particular OP is one of those and seems to have an axe to grind with our DaveyShadow.

If they truly felt they had a case against the EA they could have sought professional advice rather than asking a bunch of unreliable strangers on t'internet and then getting @rsey when they don't get exactly what they want.

Sad really