To be surprised this estate agent wasn’t sacked?

[Easack]

We listed our house with the biggest estate agent in our area (also with the best reviews/reputation).

We approved the photos to be used and description to be added to the usual portals such as RightMove.

Shortly after it went live, a friend told me it had been posted on our town’s community Facebook page. On one of the living room photos, the TV on the wall had been edited to include a couple having sex.

I immediately called the estate agent who got back to me shortly after, apologised and said they’d remove the photo and instigated a full investigation.

They contacted me today and said they had identified it was a junior colleague who did this ‘as a joke’ and that they’d been reprimanded. They confirmed they’ve kept their job.

I am perplexed by this. Surely that is a sackable offence?

The OP isn’t asking for any more details of the disciplinary process. As for telling her that he still works for them, that would become
fairly obvious when he, er, still worked for them.

She’s expressing surprise that he wasn’t dismissed, which she’s perfectly entitled to do.

But she would very obviously know he hadn’t been fired when he answered the phone or turned up at her house to do a viewing.

He’s not the EA dealing with her sale so wouldn’t be in her house.

I’m responding to the OP’s comment to @FloodlightsOnTheSquare

I'd be terminating my agreement on that basis.

This.

Honestly, they are fucking stupid as well as incompetent and unprofessional. This could be defamation - they posted a picture of a couple having sex, which would be interpreted by any normal person as being a representation of the vendors. I hope they are shitting their pants. They should be.

Shits and giggles is not a legal defence.

if he keeps his mouth shut about it, how will OP know it was him?

Assuming it was a man, that is.

I'd be sacking them immediately.

I'd also be posting negative reviews online detailing my experience.

When someone is charging you thousands of pounds for a service, this is completely unacceptable behaviour and they need to learn a serious lesson. Hit them where it hurts - their wallet and their reputation.

I’d be telling them they were no longer acting for me

theres no way I’d be continuing with this EA

I'd expect a substantially reduced fee or to be able to leave the contract immediately, but ultimately a sacking or otherwise has to be up to the employer.

I would be removing my business and going elsewhere. They have shown you that they don’t give a fuck. Believe them and switch your agency.

I’d terminate the contract and tell them you’ve written to the property ombudsman to lodge a complaint. I’d also write an online review explaining what they did.

I agree with this. Don’t be fobbed off. They acted so unprofessionally!

They certainly wouldn’t be representing me any longer. That’s ridiculous. I’m another saying get released f4m the contract, contact the Ombudsman, there’s another thread running currently about an estate agent sending inappropriate photos to family members, lots of useful advice on there.

The mythical ‘free hour’ in which solicitors will give you all the advice you need to gain significant compensation.

Has anyone in RL actually found this marvellous service in a situation like this?

What a bizarre thing to do, what was the purpose? I don't understand why they thought posting an intimate photo of you and your husband would increase the likelihood of a sale? Also, how did they get a photo of you both?

It is actually, having been a manager at various places. I will listen to your complaint and then deal with it and the employee as per our internal policies, whether it’s a training issue or a disciplinary issue. The customer doesn’t need to know what happens after that 🤷‍♀️

Thanks for the sarcasm though 👍🏼

You think they’re gonna phone her back and go ‘it’s fine I sacked him’?

I’d either want the fee basically cancelled
OR
id be taking my contract elsewhere, lodging a complaint with the ombudsman and posting a very factual/evidenced account on social media.

sometimes hitting businesses locally is where it hurts most.

I wonder why people expect a free 30 minutes or an hour with a solicitor but somehow don't suggest that to plumbers or electricians. I suppose some solicitors might do a free 30 minutes as a loss leader but no law firm I have ever been associated with would have entertained the idea of working for free for 30 minutes let alone an hour. We have liability insurance, rent, staff wages, training costs, costs for accessing specialist databases, and all the overheads any other business will have. We are not set up for doling out free legal advice.

While agents are not required to hold specific professional qualifications to open a business, it is a legal requirement to join one of the two authorized redress schemes:

• The Property Ombudsman
• Property Redress Scheme

How to Make a Complaint

If you are unhappy with the service, there is a specific step-by-step process you must follow:

• Complain directly to the agent first: You must raise your complaint formally in writing through their internal complaints procedure.
• Allow 8 weeks: By law, the agency has up to 8 weeks to investigate and provide a final response.
• Escalate to the redress scheme: If you are unsatisfied with their final response or they fail to respond, you can escalate the issue free of charge to whichever of the two schemes the agent is registered with
• Action from the Ombudsman: The Ombudsman will mediate or investigate the case. If your complaint is upheld, they can force the agent to take action, apologise, or pay

you could repot it to the police and seek compensation - its that serious if I'm honest.

You can also leave factual reviews on the main review sites like Trustpilot and Google Reviews. There are also specialist agent review sites. Don't forget local media. Bad reviews could directly impact their pockets so long as they are factual. They could try to threaten you with lawyers but this is unlikely to come to anything. Suing someone for defamation is very expensive. Proving that you have lost business is difficult and truth is the absolute defence.