Anyone used the property ombudsman to get out of a house sale agreement?

melanieconway

I recently put my house up for sale with a local agent and to cut a long story short I think I have made a huge mistake.

After only 2 weeks I am seriously unimpressed with them and would like out. I've been on the property ombudsman website (they are registered) and looking through the code of practice for sales they have completely screwed up a good handful of then including: Advertising the house with the wrong details (unapproved), using a sale board when I specifically asked them not to, not going through any double commission scenarios with me and not advising me that there was a cooling off period (which I would have taken advantage of gad I known). The wrong details were particularly a stressful one as I want rid of the house quick so their mess up meant my incorrect details went to my potential buyers in the first week of sale.

I don't want money, I just want a competent company to sell my house so was thinking I could use a threat of the ombudsman to get out of the minimum tie in period.

Anyone done this or know if it can be done?

because

Hi before you can go to the Ombudsman you have to comply with the Agents complaints procedure so you need to write to the Agent listing all the problems .

googler

because wrote: »

Hi before you can go to the Ombudsman you have to comply with the Agents complaints procedure so you need to write to the Agent listing all the problems .

The Ombudsman will ignore you unless you've been through the full complaints process at the agency. The agency will know this, so threatening to 'take it to the ombudsman' will be a hollow threat....

Have you talked to the agency about the problems?

maninthestreet

Is this a sole-agency agreement? If so, how long is the agreement for?

melanieconway

Hi

Firstly to answer a question I am tied in as a sole agency for a 20 week period, which I am fine with if the agent is doing their job, not so if they are a dead duck and not complying with standards.

Thanks for the responses. Yes certainly I was planning to go through their complaints procedure first, not go straight to the ombudsman. My plan was to send a complaint letter highlighting everywhere they had screwed up and say, that on this basis I wanted the agreement terminating as they hadn't complied with minimum standards, and if this couldn't be done, I would raise the issues further with TPOS.

Another biggie that I forgot to mention was that the sales fees I got quoted were £4500. According to TPOS, if it's a straight fee rather than a %age, it should include VAT. I saw the agent scribble £4500 and then make a brief note next to it on the docs. On a hunch I called the agency the next day and quizzed them whether the £4500 included VAT. They said no...so come sale time that would have been an additional £900 on my bill. £900 is a lot of money!

melanieconway

googler wrote: »

Have you talked to the agency about the problems?

I haven't broached them about the sale board, but I have been on the phone several times about the details being wrong.

I called them yesterday asking for information on what advertising they had done to promote the open day I had last saturday (to which no one turned up). They have yet to call me back.

All the other non-compliance stuff I found yesterday while on the net. I don't think it will be too productive to spend half an hour on the phone listing a hundred and one errors, getting it in a letter will be more organised and succinct.

To me first impressions last. I am a no chain and willing to take a relatively cheeky offer on my house so they could have hit the ground running with this and had a potential quick sale, but they have messed up and tried to fob me off so much I have lost confidence.

happycamel_2

You need to get it all in writing, both to make the formal complaint and also because the ombudsman will want a copy of the complaint you have made. I agree about not wasting time on the phone, get it in writing, copy the MD of the company too.

googler

melanieconway wrote: »

I called them yesterday asking for information on what advertising they had done to promote the open day I had last saturday (to which no one turned up). They have yet to call me back.

You don't hold an open day until you've advertised it. Whose idea was it to do this a week after going to market? Yours or the agents?

G_M

Put all complaints in witing.

Is the agent a one-agent business or a chain? If chain, write to their head office. Check their website and look up their internal complaints procedure. Again, depending on their size, there may a specific person or dept to whom you should write.

Otherwise write to the MD/owner/manager.

Make your letter short, with a clear brief bullet point for each issue - don't waffle!

Also make clear what you want done - ie, compensation of £X; or immediate release from your sole agency agreement; or each of the issues to be remedied (if so, how?)

And by when.

melanieconway

googler wrote: »

You don't hold an open day until you've advertised it. Whose idea was it to do this a week after going to market? Yours or the agents?

A bit of both...the agent said when I was signing up that it would be good to have the open day mentioned on the initial advertising for the house (by advertising I mean uploading it to the internet and letting the computer do the work). I didn't think any more of it and contacted the office to give them a suitable date.

melanieconway

G_M wrote: »

Put all complaints in witing.

Is the agent a one-agent business or a chain? If chain, write to their head office. Check their website and look up their internal complaints procedure. Again, depending on their size, there may a specific person or dept to whom you should write.

Otherwise write to the MD/owner/manager.

Make your letter short, with a clear brief bullet point for each issue - don't waffle!

Also make clear what you want done - ie, compensation of £X; or immediate release from your sole agency agreement; or each of the issues to be remedied (if so, how?)

And by when.

Thanks GM - not too bothered about compensation, although it would be a bonus . Prefer immediate release so I think I will ask for that. It's a chain, part of the sequence home group.

Don't want it to bite me on the bum later with a "We advertised your property so you owe us £X marketing costs". Thought it might not be a bad idea so I can be free lol