Left a bad review, can they take legal action?

BonneMamanjamjar · 2023-08-09T09:46:55+00:00

We used a local estate agent (as sellers) and we were left feeling unhappy with their behaviour and communication. So I left a bad review on Google, just setting out what happened and my feelings about it. Now I see when I look them up on Google maps they are listed as 'off line' and you can't read any of their reviews! The other reviews were OK, but mine being the most recent was at the top. A bit worried now, can they do anything to me? I only wrote the truth to warn other potential customers.

prh47bridge · 09/08/2023 10:50

There is nothing to stop them attempting to sue you for libel but, provided your review was honest. they won't succeed.

SM4713 · 09/08/2023 10:51

Did you complain directly to the EA firstly, to give them a chance to respond- or just write the review first?

Original poster

BonneMamanjamjar · 09/08/2023 10:56

@SM4713 no I didn't contact them to complain. There was very little contact with them throughout, that was a big part of the problem. Towards the end we only communicated through the conveyancing solicitor.

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Sewerdrain · 09/08/2023 10:58

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Bumblebee112 · 09/08/2023 11:00

BonneMamanjamjar · 09/08/2023 10:56

@SM4713 no I didn't contact them to complain. There was very little contact with them throughout, that was a big part of the problem. Towards the end we only communicated through the conveyancing solicitor.

@BonneMamanjamjar Isnt that pretty standard with EAs? After the communication to get ours actually listed for sale, the EA contacted us to let us know of viewings (only because we were doing our own), contacted us with offers and after we’d accepted an offer it all went through the solicitor.

wlana · 09/08/2023 11:08

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I don't really agree that it's a shame not to have engaged with them before the complaint. For certain complaints, this is true and gives the business an opportunity to put things right. But in this case, lack of communication was the issue and presumably behaviour (and subsequent stress and upset) that can't be undone. Sometimes it's ok to complain without informing the business if it's blindingly obvious what work was needed. Other times, you can accept mistakes/miscommunications/apologies etc. OP is perfectly entitled to write an honest review of her experience online without informing the EA first.

Original poster

BonneMamanjamjar · 09/08/2023 11:09

I would have expected feedback, regular updates and advice, as we had received from other agents in the past. We didn't get any of that. Then several weeks after the sale was agreed they became pushy as they thought the process was taking too long. Nothing from our buyers' actual solicitor indicated they were unhappy though. I am guessing they wanted to get their hands on their commission.

Is it unusual to go 'off line' on Google, is it a common strategy, does anyone know?

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Quartz2208 · 09/08/2023 11:09

Bumblebee112 · 09/08/2023 11:00

@BonneMamanjamjar Isnt that pretty standard with EAs? After the communication to get ours actually listed for sale, the EA contacted us to let us know of viewings (only because we were doing our own), contacted us with offers and after we’d accepted an offer it all went through the solicitor.

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I agree what did you want to have happen? Once sold the communication is through solicitors

Sewerdrain · 09/08/2023 11:16

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Original poster

BonneMamanjamjar · 09/08/2023 11:18

@Quartz2208 we cross posted but see my message just above yours. There was not enough communication before the sale was agreed, too much afterwards if you see what I mean! I never felt they were 'on our side' really.

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Original poster

BonneMamanjamjar · 09/08/2023 11:39

Anyway I suppose it doesn't matter what kind of business they are, the main point is can I be sued for leaving an honest review? , is the going offline on Google a prelude to something happening? Does anyone have experience of this? Estate agents, plumbers, online shops, doesn't matter.

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Sewerdrain · 09/08/2023 11:51

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prh47bridge · 09/08/2023 12:09

BonneMamanjamjar · 09/08/2023 11:39

Anyway I suppose it doesn't matter what kind of business they are, the main point is can I be sued for leaving an honest review? , is the going offline on Google a prelude to something happening? Does anyone have experience of this? Estate agents, plumbers, online shops, doesn't matter.

As per my previous post, they can sue you regardless of whether they have any chance of winning. However, provided your review is honest they would lose if they tried.

You have two defences available to you. Firstly, that any facts you have stated in your review are true. Note that it would be up to you to prove the truth of your statements rather than the estate agent having to prove they were lies.

Secondly, for anything that is a statement of opinion, your defence is that you were expressing an honest opinion. Provided that an honest person could have held that opinion on the basis of the facts, you are in the clear. To defeat this defence, the estate agent would have to show that you were lying, i.e. that you didn't actually hold this opinion.

Original poster

BonneMamanjamjar · 09/08/2023 12:15

Thanks @prh47bridge

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JibbaJab · 09/08/2023 20:01

I wouldn't stress about it, if they didn't want to run the risk of negative reviews they wouldn't have a Google listing, that's the risk. Anyone could leave a negative review on there and it's notoriously hard to get them removed as Google rarely respond or deal with things.

They could have removed their listing entirely based on that review but what they will find it's not a case of deleting it, it stays there until Google decides to remove it. Which might explain the offline.