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.

[quote Macanecheeseeee]@WoodPell really? Now that is something I didn't know. I wonder if I am paying over the odds for the property now. [/quote]
Yes that’s what we have been telling you. I described th process above, th valuation and agreement on shares needs to be done between th seller and the housing association before it can be marketed.

As usual there are lots of posters giving incorrect ‘advise’ . I don’t know if they are genuinely trying to be helpful or can just see a good opportunity to lay into another poster. (I see the same posters due this again and again - I presume they enjoy it 🤷🏻‍♀️). Let’s see if any come back to apologise for talking shite 😅😅

As some PPs have mentioned Estate Agents owe everyone they deal with a certain level of service. I DONT KNOW the full details but here is a bit of information found after a quick google

Consumer Protection from Unfair Trading Regulations 2008 (CPRs).

The law applies to estate agents, property developers and websites that introduce buyers to sellers. If any of these are deemed to be acting unfairly they can be issued limitless fines and individuals and imprisoned for up to two years.

Paula Higgins CEO of Homeowners Alliance welcomed the changes. “Although there are a lot of estate agents that act fairly we have heard too many stories in the past about ones who’ve exploited loopholes and taken advantage of their clients.

“It’s good to see the law adapting and updating itself and we hope this will result in a better deal for homebuyers and sellers,” she said.

What do these changes to the law mean for me?

CPRs mean that estate agents now have to disclose “fair” information to homebuyers and sellers. That includes making “material information” about a property clear, unambiguous and not deliberately misleading or withholding information from buyers.

It also stipulates that estate agents must be honest about their credentials, and not falsely claim that they are part of a professional body or redress scheme.

They must provide “accurate descriptions of properties they are marketing”, that means pictures of the property should be realistic – so no spending hours looking for the one angle that doesn’t show the motorway at the end of the garden.

A number of things can now be classed as withholding information from buyers. For example, not revealing planning permission or development in the area or proximity to a power station or sewage works is illegal and could result in prosecution.

The law also calls for “open, honest, clear and timely sharing of relevant information”. So no hiding information from buyers until it’s too late.

And if a number of sales have fallen through agents now have to find out why and alert the buyer.

As far as I know you would also have to pay rent each month to the housing association for their 50% of the house.

Sorry the info given in my post was copy and pasted

I 100% understand OP... EA's are a PITA

Pull your Offer 🌸

As some PPs have mentioned Estate Agents owe everyone they deal with a certain level of service

I think you’re confused. It doesn’t appear the agent with held information but was more not informe by the seller.

@Hoppinggreen

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

I put a complaint in about an estate agent and I was neither the buyer nor the seller. In my case it was to the estate agent initially and then the information commissioner’s office. My complaint was upheld.

OP it doesn’t sound like you have anything to lose by complaining but I’m with the ‘walk away’ posters.

OP - you really don't seem to understand the shared ownership issue. It's a major difference and all sorts of things are likely to be a problem.

You have two sensible options:

1. just withdraw your offer and leave them to it
2. instruct a solicitor now to start searches.

But, to be honest, if the housing association have not even been involved the chances of you buying it are slim and even if you could it would be many many months away.

Shared ownership properties normally have to be sold by an estate agent appointed by the HA that owns the rented part of the property, are you saying that the person who lives in the property has used an unauthorised estate agent? In this case speak to the housing association & ask for the correct agent.

Ok, this is really confusing, who does the agent need to request permission to sell from? The person who instructs the agent should have the permission to sell.

Macanecheseeee How did you manage to get your offer accepted if the house hadn't been listed to sell in the first place?

Sorry Mac just caught up with the fact it is a shared ownership property. Perhaps if you'd put this in your OP you wouldn't be shouted at so much!

Yes the EA is at fault for not telling you this right at the start of your house hunt. I'd be pulling out now for certain.

Op sounds very poorly informed about property buying and not a great communicator.

Op posted numerous times without revealing the key info that the property was shared ownership. Op clearly had limited knowledge of house buying and the roles of EA, solicitor and the whole more complicated set up when buying and selling property partly owned by HA. Op even seemed to lack knowledge about local house prices if the property was advertised at a price significantly below that for 100% share.

This all sounds to me like a buyer who was pretty clueless and who didn’t really ask the right questions along the way/expected a lot of explanation where it is incumbent on the buyer to know that info already. Clearly, there have been issues with info reveal, on the part of the vendor and perhaps the EA have been misled by the vendor.

Sounds like this isn’t the property for sale that you thought it was, in terms of full ownership at the price you imagined and you’d be better walking away and staring again, having down a bit more research I to the whole process of buying a house.

Ops communication on this thread hasn’t been very clear and so perhaps hasn’t been very clearer in the buying process, compounded by the vendor not being wholly honest/clear….but really it doesn’t seem like an EA issue particularly. Hi

@Ekofisk

Is this shared ownership as in a Housing Association property, or shared ownership as in two people owning it as tenants in common / joint tenants?

That's a really good point and there may be a huge misunderstanding between the op and the rest of us. The op uses the phrase shared ownership, but it may not be SO as we understand it. The op is being very unclear. If two individuals own the property, split 50/50 then both parties need to agree to the sale. Is that what is going on op? A divorce or something similar

Who owns the other 50% op? You can't buy 50% of a house owned by private individuals.

That's why I wondered if it was maybe a property owned by joint tenants - if one party wants to sell and the other doesn't then they need to apply to the court to force the sale.

When I was an EA I was caught out once by marketing a property when the vendors were involved in a divorce and only one party wanted the house sold.

I was always very careful after that to check that all parties agreed to the sale of a property.

I know EA's get a bad press but they don't get to see the deeds and have to take a lot of the information given on trust.

I've tried to view two houses that were on sale due to relationship break ups. One we never did get to see because the resident partner never answered calls from the EA. The other had trouble written all over it. I would avoid houses like this in future.

You're not entitled to this property. It is not yet your property. Estate agent doesn't have any responsibility to you, or to speed up the process for your benefit.

I do understand that it's really infuriating, but I'm afraid that's just the way it goes in this country.

It is a housing association that own the other 50%, no divorce etc

Not having permission to sell is on the seller, there's no way an estate agent carries responsibility for this.

@Chloemol

And personally you sound a nightmare the EA works for the seller. Not you

A nightmare for wanting basic professional competence? Ok then🙄

Then you should only be paying 50% of the market value and pay the housing association rent each month for the other 50%

@BonnyandPoppy

Then you should only be paying 50% of the market value and pay the housing association rent each month for the other 50%

This.

Then you should only be paying 50% of the market value and pay the housing association rent each month for the other 50%
How could op not have known this? Was the fact that it was shared ownership not disclosed in the marketing, op?

@toconclude - can you explain how the estate agent is lacking basic professional competence?

They clearly believed the vendor owned the property, hence the listing price.

If anything I'd imagine that the vendor us in breach of contract with the estate agent.

@Macanecheeseeee

Please read my responses clearly, some of you are clearly struggling to do so. I said "when I asked the EA questions before I put an offer in". The solicitor was not involved at this point. It was general questions about the property itself which shouldn't have been too hard to answer.

Unfortunately, when we were house hunting I found estate agents would not know a lot about the properties. Including, telling me how long it would take to get to the station (incorrect even though they claimed to live a road over), telling us that if we converted the loft to a bedroom it would definitely add on that amount to the value, not being able to answer questions and when we emailed we didn’t always get a response.

As the seller we also found they lied or were incorrect such as telling us the buyer wasn’t in a rush (ultimately this sale fell through).

Maybe speak to your solicitor about the issue and see what they suggest. If it will make a difference now you could complain to the estate agent, or you could wait till it all goes through and then leave an honest review on their website / google,

Good luck! The process is awful but hopefully it’ll be worth it in the end.