Problems with estate agents

Remember that an estate agent’s contract is with the seller, not the buyer. But if you have a problem, either as buyer or seller, which you can’t resolve with the agent, you may be able to take your complaint to an ombudsman scheme. Under new rules, which came into force in October 2008, all estate agents must belong to an ombudsman scheme that is approved by the Office of Fair Trading.

Two of the schemes now running are the Ombudsman for Estate Agents (OEA) and the Surveyors Ombudsmans Scheme (SOS). Your estate agent will tell you which scheme it belongs to.

If the Ombudsman is able to look at your complaint, it can award compensation of up to £25,000 (though it is normally much less).

If you can’t take your complaint to the Ombudsman, or if you think the complaint is very serious (for example, the agent has broken the law), you could contact:

• the National Association of Estate Agents (if the agent is a member);
• The Royal Institution of Chartered Surveyors (if the agent is a member); or
• the trading standards department at your local council.

In extreme cases, where estate agents have behaved very badly, the Office of Fair Trading can stop them working as estate agents.

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