Should I report this estate agent?

googler

suebfg wrote: »

Googler, I'm not sure what your 'beef' is with this - are you an estate agent by any chance? I don't need 'proof' to make a complaint and having read up on this, I know I am fully within my rights to make a complaint. I'm not sure if I will yet - not because I doubt my case for a complaint - but because I'm not sure if I could be bothered with the hassle at this point.

I'm not the only one to question both your grounds for complaint and how you will make it, so why do you single me out as having a 'beef'? If I seem over-persistent, it's because I and others have repeatedly asked what your grounds and evidence are, and you seem to be avoiding the questions.

If you don't have any proof, then what attention will anyone pay to your complaint? Do you really think the OFT or Property Ombudsman will pay any attention to you if you don't have something concrete to back up your complaint? As I said already, the PO won't pay any attention to you unless you've been through the EA's complaints procedure. Are you going to complain to the EA first?

You keep saying you've 'read up on this', and you've 'done your research online', but avoid any questions on what you've read and where your research has come from. Why?

and ...

Query what I may or may not do for a living if you wish, you're not the first. As I said elsewhere, nobody queries if I'm a plumber, HiFi salesman, tax consultant or electrical engineer when I post in other forums, but in this one .....

suebfg

As I've said before, I do have proof of the fact that the property was misdescribed - concrete evidence via the estate agent brochure. The loft room was described as a bedroom - misrepresentation as it didn't have regs to be used as a bedroom. There's the proof - just in case you didn't get it the first time. I'm not avoiding the question and have stated again where I have seen the guidance, on the OFT and Property Ombudsman website.

suebfg

Trading standards:

Extensions and loft conversions
Conversions have created problems where an estate agent has described a room as a bedroom, but it has not been subject to planning or building regulation approval and, thus, is not suitable to be used as such. If a vendor is unable to supply details, then the planning office should be approached for confirmation. If you are unable to establish that the extension was correctly approved, then great care needs to be exercised - either describing the room as a boarded loft area, or stating clearly that planning permission for the room has not been provided.

Office of Fair Trading


Take care with qualifying statements. Those that clarify may be
helpful (for example 'boarded loft area' or 'room with potential as
bedroom - planning permission required' when the seller cannot
evidence that a loft conversion has the necessary approval or
consent for use as a bedroom). However, using a qualifying
statement to try to limit liability such as 'all details provided by the
vendor' will not help you if, given your type of business, it was
appropriate for you to check the information yourself.

Note the word 'evidence'

_Andy_

With all this in mind then I don't actually get what advice you're looking for here as you seem to have found everything you want elsewhere?

Vectis

_Andy_ wrote: »

With all this in mind then I don't actually get what advice you're looking for here as you seem to have found everything you want elsewhere?

Well, exactly.

The Op has said that they have done their research online and that they have all the evidence they need.

So, they should just get on and do it then.

My advice to the OP - make your complaint to the OFT or sue the estate agent or whatever and come back and tell us the outcome (which I'm pretty sure we already know).

googler

suebfg wrote: »

As I've said before, I do have proof of the fact that the property was misdescribed - concrete evidence via the estate agent brochure. The loft room was described as a bedroom - misrepresentation as it didn't have regs to be used as a bedroom. There's the proof - just in case you didn't get it the first time. I'm not avoiding the question and have stated again where I have seen the guidance, on the OFT and Property Ombudsman website.

But, subsequent to this, you waited while the seller got the appropriate approvals in place, then proceeded with the purchase; by implication, declaring yourself happy with the situation. I'll ask again - if you're going to go to TPO, have you been through the EA's own complaints procedure fully?

ash28

suebfg wrote: »

Trading standards:

Extensions and loft conversions
Conversions have created problems where an estate agent has described a room as a bedroom, but it has not been subject to planning or building regulation approval and, thus, is not suitable to be used as such. If a vendor is unable to supply details, then the planning office should be approached for confirmation. If you are unable to establish that the extension was correctly approved, then great care needs to be exercised - either describing the room as a boarded loft area, or stating clearly that planning permission for the room has not been provided.

Office of Fair Trading


Take care with qualifying statements. Those that clarify may be
helpful (for example 'boarded loft area' or 'room with potential as
bedroom - planning permission required' when the seller cannot
evidence that a loft conversion has the necessary approval or
consent for use as a bedroom). However, using a qualifying
statement to try to limit liability such as 'all details provided by the
vendor' will not help you if, given your type of business, it was
appropriate for you to check the information yourself.

Note the word 'evidence'

From The Property Ombudsman

http://www.tpos.co.uk/downloads/TPOE27-1%20Code%20of%20Practice%20for%20Residential%20Estate%20Agents%20%28Effective%20from%201%20August%202011%29.PDF

Published Material and Information about a Property
5h You must by law comply with the Consumer Protection from Unfair Trading Regulations 2008 and the Property Misdescriptions Act 1991. The Consumer Protection from Unfair Trading Regulations 2008 require you to disclose
any information of which you are aware in relation to the property in a clear, intelligible and timely fashion. The Property Misdescriptions Act 1991 requires you to take all reasonable steps to ensure that, all statements that you
make about a property, whether oral, pictorial or written, are accurate and are not misleading and where information is given to potential buyers or their representatives, it is accurate and not misleading. Answers to questions about
the property must be truthful and not misleading.
5i The written details of a property (sales particulars) must be agreed with the seller to confirm that the details are accurate.
5j You may be liable if you include anything in the sales particulars which you have reason to doubt is correct.
5k All advertisements must be legal, decent, honest and truthful in accordance with the British Codes of Advertising and Sales Promotion and Direct Marketing.

If you make a complaint to the TPO and they investigate it and by going through the estate agent's files will be able to find out if the EA knew about the building regs issues when sales had fallen through on the property previously.

Or indeed whether they actually knew anything at all other than what the vendor had told them.....and the TPO will decide if the EA should have been reasonably expected to to search the council's archives for appropriate documentation or if the word of the vendor should have been enough. The vendor should have filled out a form for the EA and answered a whole host of questions, agreed that all details were correct and signed it.

If you genuinely think that you were misled by the EA over the building regs issue then make a complaint. If they have breached the Property Misdescriptions Act then perhaps it would stop them doing it again.

Would you have viewed the house if you had known....obviously you bought it knowing - you didn't withdraw.

Hoof_Hearted

googler wrote: »

Query what I may or may not do for a living if you wish, you're not the first. As I said elsewhere, nobody queries if I'm a plumber, HiFi salesman, tax consultant or electrical engineer when I post in other forums, but in this one .....

Regulars know that you are an EA in Scotland and that you often defend your colleagues on this forum. Funnily enough, people do identify their professions on other forums to show that they are speaking from a position of knowledge. I don't know why you are embarrassed to do the same. You often give good advice.

googler

Hoof_Hearted wrote: »

Regulars know that you are an EA in Scotland and that you often defend your colleagues on this forum. Funnily enough, people do identify their professions on other forums to show that they are speaking from a position of knowledge. I don't know why you are embarrassed to do the same. You often give good advice.

I was wondering when you'd start stalking me around the forums again.....

Why not contribute something which is relevant to the thread, rather than merely targeting me?

suebfg

_Andy_ wrote: »

With all this in mind then I don't actually get what advice you're looking for here as you seem to have found everything you want elsewhere?

I thought I'd said that I did my research after posting. As I've said, I think I have grounds but I'm not sure whether I could be doing with the hassle on top of sorting out my new house move. Yes, we did eventually proceed as the situation was sorted out but it was an incredibly stressful experience so if reporting them made them think twice next time, then it might be worth it.