Estate Agent - should I complain? If so, how?

MartusJK

I have just completed the sale of my house and there were 2 aspects of my estate agent’s actions that I found very dubious but I am wondering now if it’s worth complaining about him.

First of all, it’s a long story but I will try to keep it brief. To help facilitate the sale, I agreed to move out to rented accommodation as my search for my next place was taking some time. My estate agent then strongly talked up a probable completion date so I obviously had to set up my next place in advance to make it happen and I duly did that only for that date to fall through at the last moment. I have then spent a month double paying my mortgage and rent which cost me an extra £800 - not a massive sum overall but critical for my next house purchase which is my ideal retirement home BUT is pushing my finances to the edge. So, I thought I was justified in asking my buyer to compensate me for this as 1 I had moved out to rented to help the sale and 2 I only moved because I was led to believe they were all set up to complete. I directed my estate agent to negotiate with them and he told me they would only offer £200 - all along he seemed to side with the buyers, making excuses for them, how nothing was ever their fault etc. I pushed hard to get at least half, £400, but no it was £200 maximum. OK I am pretty disappointed but better than nothing I suppose. So the estate agent keeps telling me I will get the £200 on completion. It’s not included in the completion figures but I will still get it he keeps telling me. So guess what, completion happens and no £200. I realise now he was just playing me all along to get the sale through and of course get his fee. At one point I did joke it should come out of his fee as he promoted that failed completion date, to say he was not happy with that joke would be an understatement!

Secondly and more straightforward, as I had moved away from the area, I left my keys with my neighbour, but it was only just before completion day, when I wanted someone to have a final look over it for me, that my neighbour told me "oh didn’t you know, the estate agent took the keys off me and they’ve been busy doing work in there for several days". I suppose knowing I wasn’t going to be physically around, he had helped his buyer buddies to get started on things. I told my solicitor about this who said it was totally unacceptable. But of course, the estate agent probably counted on me still wanting to conclude the sale (which had been going on too long anyway and I wanted to end my double payments of course) and he was right.

But now I am thinking about it, both these 2 actions were very deceptive and manipulative, so  should this agent should be "called to account" for it and not get away with it?

So my questions are, firstly were these 2 actions that bad or should I just accept it’s all part of the often rough and tumble that often go on with house buying and selling?

Even if you think they are that bad maybe I should just forget it all and get on with my new place?

Or if you think I should pursue this, what’s the best way to do it?

Thanks for your consideration

eddddy

MartusJK said:

Even if you think they are that bad maybe I should just forget it all and get on with my new place?

Or if you think I should pursue this, what’s the best way to do it?

If want to pursue it...

Most estate agents are members of the Property Ombudsman scheme.

You could complain to the estate agent, and if you're still unhappy, complain to the Property Ombudsman.
See: https://www.tpos.co.uk/consumers/how-to-make-a-complaint

If you 'win', you'd probably get an apology from the estate agent, and perhaps a hundred pounds or two for the 'hassle'.

If you could prove that the estate misled you about the £200 payment, the Ombudsman might order the estate agent to pay you that as well.


On one hand, it's a lot more hassle for you, and there's not much potential benefit for you - but maybe it would encourage the estate agent to change their ways in future.

Loza2016

When I read this my first thought was let it go for the sake of £200 but then got to the second complaint. 

That is totally unacceptable to give the keys to your buyer before completion. What if their builders had caused damage and for some reason the sale didn’t complete. 

My previous Job was an estate agent and never would we have handed over keys before completion. 

steampowered

The first point is ridiculous. A cross-over between rented and completion dates is normal and expected. Completion dates are not guaranteed until you have exchange contracts - blaming the EA because there was a delay is silly. 

The estate agent is not responsible for the £200. The estate agent doesn't deal with the completion or with the money. That is dealt with by your conveyancers. If an extra £200 was agreed, you would have needed to instruct your conveyancers about this so that it would be included in the contract and the completion statement. Of course that might have meant additional delay especially if the contract needed to be reissued - which is why people don't normally bother wasting everyone's time over such piddly amounts. 

The second point is worth a complaint though. It's not on to be handing over the keys before completion without the owner's consent.

UnderOffer

How were you expecting to receive the £200. Notes left under the door mat? Did you have anything in writing from EA? All money transactions should have been notified to your solicitor so that they added to contract and adjusted or accounted for price. 

I’d still complain, but doubt you’ll get much resolution, just might allow you to close this chapter and you’ll know next time what to be alert to. 

user1977

steampowered said:

The first point is ridiculous. A cross-over between rented and completion dates is normal and expected. Completion dates are not guaranteed until you have exchange contracts - blaming the EA because there was a delay is silly. 

The estate agent is not responsible for the £200. The estate agent doesn't deal with the completion or with the money. That is dealt with by your conveyancers. If an extra £200 was agreed, you would have needed to instruct your conveyancers about this so that it would be included in the contract and the completion statement. Of course that might have meant additional delay especially if the contract needed to be reissued - which is why people don't normally bother wasting everyone's time over such piddly amounts. 

The second point is worth a complaint though. It's not on to be handing over the keys before completion without the owner's consent.

I would agree with all of this (though if the early key release didn't actually result in any loss, I wouldn't expect a complaint to result in much).

TheJP

I agree with others, the first point isn't down to the EA as they don't dictate completion dates, the chain does via solicitors.

You would need to find evidence that the keys were in fact handed over to the buyers before completion before you make a complaint.

NameUnavailable

The EA can't decide on a completion date, that is purely down to the solicitors (with agreement of both buyer and seller).

Giving the buyer the keys before completion without your permission is a worry, I would ask them about that. However, why did your neighbour hand them over? Maybe they asked the neighbour and there was some mis-understanding.

You should ask your solicitor to demand the agreed £200 compensation from the buyers, but unless you have something in writing it may be difficult to enforce.

74jax

Why would your neighbour give the keys to the estate agent and ask / you? 

mattyprice4004

I'd be heading over to change the locks (as it would still be my house) and threatening to pull out, with no access for anyone to retrieve materials / tools etc. 
That should focus their minds on both a completion date and a reasonable amount of compensation. 

ohdarn

Even if you don't get any compensation, it might be therapeutic to plaster a review of the agent anywhere you can.
That way, even if your review only influences one person, the EA has lost out on a fee worth more than you were due.