How do I complain about an estate agent?

If your estate agent has failed to meet their obligations to you, the buyer, the first step is to complain to your estate agent directly. Your agent should have details of how to complain in the paperwork they have provided to you, or on their website. If their internal complaints handling is unsatisfactory, you can escalate the matter by reporting your complaint to the Property Ombudsman. Make a complaint online

Can an estate agent act for buyer and seller?

Traditionally, estate agents act for the seller. Increasingly, some estate agents are undertaking work for both the buyer (brokering their mortgage) and the seller, despite this creating a conflict of interest. We strongly recommend that as a buyer, you do not use the estate agent selling you the property to arrange your mortgage. 1 You may feel pressurised to accept a poor mortgage offer, brokered by the agent, because they are selling your dream home. (Generally estate agents offer a limited range of mortgage deals and you would be better off using an independent mortgage broker). 2 By providing your financial information for your mortgage application, you weaken your negotiating power on the sale price. Your estate agent knows what you can afford and may be less willing to negotiate the price down with the seller.

Can I sue my estate agent for negligence?

If your estate agent has failed to meet their legal obligations to you, as buyer or as seller, you can sue for professional negligence. The requirements are: The agent breached their duty of care to you You suffered financial or personal damage You can prove that this damage was caused by the negligence of the agent Get a free consultation for your professional negligence claim We offer a free 10 minute conversation with a trained member of our property dispute team. They will assess your case based on your call and evidence provided and confirm if this is a case that we can help with. Here is our process: 1 Complete our contact form and get a free 10 minute call with a trained member of our property dispute team, to discuss your case !form{18506-popup Book your free consultation}form! There is no obligation to use our paid service after your consultation. 2 If we can help, you can book and pay for a 20 minute meeting with our solicitor to discuss your options and what you can do next. What is the cost of our Professional Negligence Solicitor Review? Our solicitor is available from 27/12/2024* and we offer the solicitor review for a fixed fee of £195 INC VAT. !form{18512-popup Book your solicitor review}form! Trustpilot

Can an estate agent refuse a viewing?

There are many reasonable and legal grounds that an estate agent may refuse a viewing, for example: You have been, or appear likely to become abusive You have requested a viewing at too short notice You have requested a viewing at a date or time that is unsuitable to agent or seller You are suspected to be a time waster, with no intention of making an offer The seller has rejected the viewing They are in the process of rectifying problems with the property or seller, before recommencing viewings The property is being taken off the market An estate agent should not refuse a viewing due to discrimination, whether it's because they are biased against you in their own interest (i.e. you have expressed you will not accept their related services, where another buyer has expressed that they will), or, based on any protected characteristic under The Equality Act.

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Estate Agents Legal Obligations to Buyers

Posted by:

-

Date:

27/09/2022

Read Time:

7 min read

Estate Agents' Legal Obligations to Buyers & What to do if they are not met. A guide from Parachute Law. An estate agent in a blue suit shows a young couple around a light airy property.

What are estate agents' main legal obligations to buyers?

1

Accurately describe the property

2

Not withhold important information

3

Pass on all offers to the seller

(Up until exchange)

4

Show no bias between buyers

Estate agents' obligations to residential buyers are governed by The Property Ombudsman (TPO)'s code of practise. This document covers best practise as well as legal obligations.

Beware: Some estate agents are not members of the Property Ombudsman

Agents who are not members are not obligated to follow the rules for best practise, as set out in TPO's code. Non-membership may be a red flag for underhand practices. Your agent will tell you if they are a member.

Estate agents, property developers and websites who introduce buyers and sellers are regulated by Consumer Protection. This protects you, the consumer, from unfair or misleading trading practices, misleading omissions and aggressive sales tactics.

However, until recently, many buyers were not receiving crucial information regarding the property until later in the process. Sometimes, having already instructed their conveyancer and paid for surveys on the purchase before learning that the property was in fact leasehold.

What Should be included in the estate agent's marketing information?

Phase A of a series of updates introduced by the National Trading Standards Estate and Letting Agency Team went live in May 2022, to ensure that the following is included in the marketing information of any property listing:

Asking price

Freehold/Leasehold

Council tax band/rate

Any reservation fees

Shared Ownership percentage

(Including rent on Housing Association's share)

Tenants will benefit from these rules as well, with stricter requirements on the information listed about deposits and deposit holding.

Unfortunately, the new rules will not become mandatory until phases B and C are completed 'over the coming months'. These phases will include additional important factors which may impact your property, such as:

Restrictive covenants

Flood risks

This information comes as a response to agents requests for clarity on what should be included as standard in their property listings and will help buyers in their property search, to make better informed decisions based on the potential financial implications of these factors.

1

Estate agents' obligations to describe the property

Whilst it is an estate agent's job to portray a property in a positive light, they cannot be dishonest:

Estate agents must	Estate agents must not
Disclose any information of which they are aware or should be aware of in relation to the property in a clear, intelligible and timely fashion Take all necessary steps to provide accurate descriptions of properties they are marketing	Say anything verbally, or in writing, to potential buyers that is misleading or inaccurate Present unrealistic photos which hide or omit existing features

2

Estate agents' obligations concerning important information

Your estate agent cannot withhold information which might impact your choice to view, make an offer or buy the property. The information they do provide must be accurate and not misleading (see above).

They must also investigate any potential problems they have mentioned to you, if they suspect they may become an issue later, such as damp or leaks.

Examples of information your estate agent is obligated not to withhold

Planning permission has been granted for a major development nearby
The property is in the close vicinity of a power station, sewage works, school, nightclub or halfway house
The reason, if a number of sales have fallen through on the property
Any murder or suicide which they're aware of having taken place within the property
ASBOs against any neighbours
Burglaries in the area

3

Estate agents' obligations to pass offers onto the seller

Unless the seller has requested not to be notified of certain offers (i.e., any offers below the asking price) then the estate agent must pass all offers made before the exchange of contracts, as soon as is reasonably possible.

4

Estate agents' obligations to remain unbiased

Your agent cannot discriminate against different buyers, for any characteristic protected by The Equality Act, or, where the buyer has indicated that they won't accept related services from the agent.

Examples of prohibited discrimination include:

Failing to pass an offer on to the seller
Passing a specific offer on later, or more slowly than other offers
Misrepresenting a specific offer, or rival offers
Giving details of a sale to a specific buyer(s) before others, giving that buyer a 'head start'

(Especially where the buyer has indicated that they will use the agent for related services)

What are estate agents' legal obligations to buyers of leasehold properties?

Your agent should warn both sellers and buyers of additional fees which could be incurred for leasehold specific items such as:

Your leasehold information pack

As well as information regarding:

Service charges

Ground rent

Length of lease

Any known special conditions

Frequently Asked Questions

Complain

BuyerSeller

Negligence

RefuseViewing