Ombudsman
Christopher Hamer,
The Property Ombudsman,
suggests that talking
to your clients can
avoid complaints.
I
mentioned in a recent article the
“The lesson to be
such conversation took place. Although

importance of regular communication it is not my role to alter the contractual
between agents and consumers.
learned, is that regular
entitlement, I will make an award if the
I repeatedly see cases where the agent’s agent’s actions have resulted in the
failure to communicate adequately or at communication, complainant proceeding, not fully being
all has severely disadvantaged the
however arduous it
aware of the consequences of the situation,
complainant and I wanted to highlight and hence being severely disadvantaged.
a few of these cases. I also consider that
might be, is of the
Finally, I wanted to mention one recent
clear and precise communication must go lettings case. The complainant (the tenant)
hand in hand with the keeping of detailed
utmost importance.”
complained that the agent had
progress notes in order that the agent has misrepresented the extent of the works
evidence that they regularly communicated required at the property prior to her
with the complainant. concerning dual fee situations. Leaving entering into the tenancy agreement.
I dealt with a case recently where a aside the issue of introduction, the aspect The complainant also asserted that the
property was being marketed on behalf that I often have to consider is whether the agent’s communications regarding the
of the seller complainant. An indication of agent has advised the complainant that he maintenance and repairs were not
whether or not a property is priced keenly may incur the possibility of incurring two adequate and that, as result, the required
is the interest it attracts but, during five fees. Failure to do so may place the works were not carried out when they
months of marketing, no viewings were complainant in the situation of proceeding should have been, leaving her and her son
conducted. There was no evidence within with a second agent, unaware of the to inhabit a damp and mouldy property,
the branch file to show that the marketing potential increased liability. Under the without central heating, during the winter
strategy was discussed during this period, TPO Code I expect any agent to fully months, which had an effect on their
or that the need for a price reduction was explain to their seller client, at the point health. I found that, while the agent had
mentioned, until the complainant emailed of instruction, that there may be a dual fee stated that they dealt with all maintenance
the branch to complain about the lack of liability if they have previously instructed issues promptly and efficiently, they failed
contact. At that point, the branch another agent to sell the property or if they to provide any evidence to support their
representative visited the property and chose to instruct another agent during or argument. While I was unable to establish
a price reduction was agreed. after the period of agency with the first the extent of the works required as
Paragraph 2c of the TPO Code of agent. This obligation is clearly set out in conveyed to the complainant prior to the
Practice requires an agent to keep their Paragraph 3m. Additionally, under tenancy starting, due to the lack of an
general marketing strategy under regular Paragraph 3n, at the time of termination, inventory and the property’s marketing
review with their client. I was extremely an agent must explain, in writing, any particulars, I did support the complaint
critical of the agent in this example in that continuing liability a seller may have to pay concerning communication, as well as
no attempt had been made over a five a commission fee, or the circumstances in noting several serious complaint handling
month period to regularly review the which he may have to pay more than one failures. I made an award of £300.
marketing of the property and suggest fee. I have seen cases where no such Lessons to be learned: regular
price reductions in the light of the warning has been put in writing but the communication is of the utmost
deteriorating market and lack of viewers. agent advises that, on dis-instruction, he importance; marketing should be kept
Consequently I upheld the complaint had verbal discussions with the seller. under review and detailed records kept of all
concerning communication failures and While this may be the case, it is not conversations within the progress notes.
made an award in respect of the sufficient to satisfy the requirements of the
aggravation caused to the complainant. Code and, furthermore, an agent is often in
Do you have any views or experiences to share?
I receive a significant number of cases difficulties when called upon to prove that
www.propertydrum.com/articles/ombudsmanfeb10
PROPERTYdrum FEBRUARY 2010 35
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68