To put complaint in against estate agent?

[Macanecheeseeee]

In the process of buying a property. It has been an absolute shambles from start to finish. I've purchased a house before so I know how stressful it can be but this is on a whole new level. EA has lied about certain issues and overall I'm just really disappointed by their attitude and the service. Problems that could have been avoided easily if they had done their job properly, having to ask them to do something multiple times before they got it right etc, you get the picture. It took 2 months just to get the paperwork sorted (everything was fine and ready to go on my end). My offer was excepted and then everything came to a standstill because the agents hadn't reported something beforehand (something that they should have reported when the property was put on the market). I have no idea what is going on or if the property is still even mine. I'm coming and going and just feel like I'm in limbo. Communication is extremely poor (well, it was ok when they needed something from me) but now they've messed up, I've not heard a peep from them.

I phoned the agent this morning and she said she would get back to me. I even explained how frustrating this whole process has been which she didn't even acknowledge or apologise for. I told her I was debating whether or not to withdraw my offer (they haven't had any other offers for the last 9 months, I wonder why). It is a fairly large branch with a complaints and feedback department. WIBU to phone them up and explain the situation? Or am I best off waiting until I (possibly) buy the property. I don't want things to be awkward with EA but also feel she should take responsibility for her error. When I've made a mistake in my job I've always been pulled up on it.

If it wasn't for the fact I love the property/location so much I probably would have pulled out by now.

Agree, unless something very unique here them it’s the sellers responsibility to seek consent to sell from the shareholder, I’ve never seen where it’s the agents, that makes no logical sense.

The seller needs to inform the shareholder and seek consent to sell
A valuation is then done, either the shareholder buys back or they agree to the sale under certain terms.
A new contract is then signed between the parties, and then the seller can appoint an agent to sell

I suspect the issue here is the seller also.

Just read the update, you should have said it’s a shared ownership property.

It’s still the sellers responsibility to request that but the agent should have ensured that the seller had done so.

What are you hoping to achieve by complaining?

Here's a standard EA disclaimer:

We have prepared these sales particulars as a general guide to give a broad description of the property. They are not intended to constitute part of an offer or contract. We have not carried out a structural survey and the services, appliances and specific fittings have not been tested. All photographs, measurements, floorplans and distances referred to are given as a guide and should not be relied upon for the purchase of carpets or any other fixtures or fittings. Lease details, service charges and ground rent (where applicable) are given as a guide only and should be checked and confirmed by your Solicitor prior to exchange of contracts.

Estate agents can only work on the information provided by the vendor. If the vendor hasn't disclosed the property ownership status, it's their fault, not the estate agent's

Very unusual for an estate agent to sell a shared ownership property.
A housing association owns part of the property and therfore any buyer has to be almost vetted by the Housing Association.
The vendor is supposed to get a valuation done through the Housing Association, not an estate agent, the property is then sold through a specialist website dedicated to resales of shared ownerships.

It is to stop developers who own lots of property already trying to buy shared ownerships.
Even if the Housing Association go ahead and agree with valuation and let you purchase it, I would be very careful as there are a lot of restrictions on Shared Ownership Leases (which even Freehold Houses have leases on)

Do you want to buy a shared ownership or are you looking to buy a property with a mortgage in the normal way?

@malmi

You can complain to them, but I'd expect them to ignore your complaint because you are not their customer and they don't owe you anything.

If you want a complaint that lands, pull out and let the seller complain to them.

If you want the house, you need to continue playing the game.

The estate agent is employed by the seller to find a buyer. You are not the customer in this transaction. If anything, you're the product.

Sorry to be harsh but it doesn't seem to be sinking in with you!

This OP!

You can complain but the EA will ignore you as you are not their client

@PastMyBestBeforeDate yes that is exactly what happened. I was also unaware that the property was on a shared ownership basis as it was never advertised, until 3 weeks later.

I would also point out, there would have been no way of the Estate Agent knowing it was a shared ownership property without the current owner telling them.
Does not excuse the lack of communication now.
I would imagine they are not really sure where to go from here now.
Estate agents have no conveyancing training, they are simply a sales person.

If you do not want to purchase a shared ownership property,I would suggest withdrawing anyway.

Lots of misinformation on this thread. Estate agents need to be part of a redress scheme and you certainly can complain as a buyer.

Here’s a link to the code of practice they need to adhere to if they are part of the property ombudsman scheme. It also refers to the relevant consumer law www.tpos.co.uk/images/Codes_2019_a5/TPOE27-8_Code_of_Practice_for_Residential_Estate_Agents_A5_-_Effective_1_June_2019.pdf the alternative is the property redress scheme.

The vendor is to blame here. The EA takes their instruction in good faith. It’s the vendor’s error which has caused the whole issue.

I’d pull out if I was you. It sounds way too complicated, and it’s always possible more will go wrong. Your solicitor also isn’t up to much if they haven’t been able to identify the problem and explain it clearly to you over the past several months.

[quote Macanecheeseeee]@PastMyBestBeforeDate yes that is exactly what happened. I was also unaware that the property was on a shared ownership basis as it was never advertised, until 3 weeks later. [/quote]
What share are you buying? Did you not think it was suspiciously cheap?

Anyway yes, the HA would normally handle a resale, vet the buyer to make sure they pass a Homes England assessment, get them qualified by a mortgage advisor. I understand your annoyance. If the agents knew it was SO they really should have known what to do with it before sticking it on Rightmove.

@starfishmummy

Yabu. The estate agent works for the sellers not for you.

That they do and sometimes don't work all that well for the seller.

This is really poor. I don't think your my sister OP but she is in the same position at the mo - supposed to exchange this week and finds out THIS SAME WEEK that the seller doesn't have permission to sell, it's her dead dad's house and the deeds were never updated. SO you'd have thought the estate agent would have had to make sure the house was actually able to be sold in the first place. And along the way at least one of the 2 solicitors would have noticed. Really feel for you!

You have my sympathy OP. I've never as a buyer or a seller felt the estate agents gave a shit about providing me with good service. I'd email and complain and say you'll be withdrawing your offer in 10 days if not sorted, and you want them to speak to the seller, tell them that and then confirm in writing they've passed the message on.

@Hoppinggreen

As has been said you are not their customer so they are unlikely to care about a complaint from you

This isn't true. I complained about the EA I bought my house from, I sent it to their compliance department and they sent me compensation.

@Macanecheeseeee

Exactly *@Hereward1332* thank you. I'm sure the seller wouldn't be best pleased to know I pulled out due to the EA's incompetence

Well then the seller should complain to the EA

At 3 weeks in then the EA knew it was shared ownership and told you. What's not clear is whether they knew that the seller hadn't done part one of the process.
If it had got as far as solicitors then they should have picked this up in the following 8 months.

Honestly OP in your situation I'd pull out

You can complain to them, but I'd expect them to ignore your complaint because you are not their customer and they don't owe you anything.

This just isn't true. They do have responsibilities to buyers as well, legally enforceable ones.

To be honest, they were a nightmare before you made the offer, I think I would have sacked them off on that basis or at least been prepared for this to be a ball ache. But, YABU because as others have pointed out the EA acts on behalf of the vendor and your solicitor should be dealing with all this. If anyone should complain to the EA it should be the vendors although I get why it's frustrating for you.

I’m also curious, what share are you buying? Is it fifty percent?

So was the property marketed at full market value then as opposed to the half share or whatever they have?
As surely if looking you would question if a house was really cheap or did they actually market at the full value?
Surely it should of been picked up sooner by a solicitor or someone as well?
Not sold a house so not sure what kind of contract or proof a seller has to give a EA ?

If OP was as arsey with EA as they are with replies on here I doubt EA would be over helpful .

Your posts do read you’re only buying fifty percent, as a pp asked. Did you not think it was very cheap?

Your best way to complain may well be to tell the seller that you are on the verge of pulling out of the sale as neither they or the estate agent working for them seem able to sell the house to you.

Also Op do you qualify in your local area to but a shared ownership house ? As you have to meet certain conditions? As you mentioned not the first property you bought etc. Just be worse to then find out after all this time you don't meet their criteria