Dealing with Estate Agents
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Estate agents have always been tarred with a sticky reputation. Some would think this reasonably justifiable, not least the consumer group Which? who’s research points to widespread consumer dissatisfaction with estate agents.
Of course, not all estate agents deserve a poor reputation. Those who are affiliated with trade organisations are dedicated to providing a good service to both sellers and buyers. However, a small number of unruly estate agents have ensured that the industry is treated with a certain degree of distrust.
Which? states that it has uncovered some estate agents using contracts with unfair small print, and some are even prepared to break the law to achieve a sale. There are clearly real problems out there. “We’re currently campaigning for stronger controls in the estate agency market,” says Which?, “legislation is weighted in favour of protecting the seller against sharp practice. In the meantime, if you’re buying a home via an estate agent, bear in mind that you do have a limited amount of protection.”
-Although estate agents acting for sellers don’t have to reveal defects in a property, they do have to answer buyers’ direct questions accurately. If you’re given false information, you might have a claim against the estate agent under the Property Misdescriptions Act. And while sellers themselves are not covered by the Act, if they give you false information, then this may be a misrepresentation and you could seek damages.
-Legally estate agents must pass on your offer promptly and can’t hold back simply because you don’t want to use their other facilities, such as arranging a mortgage.
-An estate agent is not allowed to invent offers on a property in order to force the price up, although proving a bid is false is nearly impossible within the current system.
-Estate agents must use clear contract terms, although Which? has found that many don’t. They must also reveal to you any financial interest they have in a property you’re looking at.
If you suspect that an agent has acted in breach of these regulations, you should contact the local authority’s trading standards department.
When you are looking for a property, you are well advised to use an estate agent who is a member of a trade association, such as the Ombudsman for Estate Agents, the National Association of Estate Agents or the Royal Institution of Chartered Surveyors, as you will have access to a complaints procedure if something goes wrong.
Keep a thorough, written record of all your dealings with the estate agent. Record details of any telephone conversations, including who you spoke to, on what date and what was said. This might help to avoid any disputes further down the line if something you had thought was agreed is later denied.
Picture: Research by Which? points to widespread dissatisfaction with estate agents.
MyVillage 20th September
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