Estate Agents - How does one make a complaint against one?

Maction

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Sep 26, 2011
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450
I am looking for a bit of advice.

I am in the middle of trying to sell my house (no issues to date), and also trying to buy a new house (trading up).

My issue relates to dealing with a particular estate agent (of course I won't mention the firm or this thread will be quickly removed!). To cut a long story short, I was very interested in a particular house in a rural location. A good friend of mine happened to live in the same townsland and happened to know the vendor.

To keep everything above board, we contacted the respective EA to arrange an appointment (duly organised without issue). In the meantime, the vendor was advised by my friend to expect a call from the EA to confirm a viewing appointment. All parties happy!

On the day of the viewing, the EA contacted me to advise that the house was sale agreed, therefore the viewing was cancelled. That was disappointing but fair enough. I sent my mate a text to advise who immediately rang me to say that was a strange development (as he knows the vendors very well and most recently met them on the night before and this was not discussed)

A bit of back and forth ensued (with my friend as the conduit). The vendors had to ring the EA (who only knew about the cancellation 2nd hand and not from the EA). The secretary at the EA firm confirmed to the vendors that the viewing was cancelled as the 'family in question have a sick child'. (News to me thankfully!). In addition to this, they discovered via the secretary that the property was sale agreed and a deposit paid. This was news to the vendors!

Now, whatever inconvenience this has caused me, it is nothing compared to what the vendor is going through.

There are text messages, emails etc. supporting this chain of events plus I am happy to surrender all my call logs to prove without doubt that I did not cancel the viewing.

Is there anything that can be done here? I'm curious about what could be done more in the context of how the vendors have been treated. I could be a vendor soon too!
 


Joined
Oct 8, 2011
Messages
39,553
I am looking for a bit of advice.

I am in the middle of trying to sell my house (no issues to date), and also trying to buy a new house (trading up).

My issue relates to dealing with a particular estate agent (of course I won't mention the firm or this thread will be quickly removed!). To cut a long story short, I was very interested in a particular house in a rural location. A good friend of mine happened to live in the same townsland and happened to know the vendor.

To keep everything above board, we contacted the respective EA to arrange an appointment (duly organised without issue). In the meantime, the vendor was advised by my friend to expect a call from the EA to confirm a viewing appointment. All parties happy!

On the day of the viewing, the EA contacted me to advise that the house was sale agreed, therefore the viewing was cancelled. That was disappointing but fair enough. I sent my mate a text to advise who immediately rang me to say that was a strange development (as he knows the vendors very well and most recently met them on the night before and this was not discussed)

A bit of back and forth ensued (with my friend as the conduit). The vendors had to ring the EA (who only knew about the cancellation 2nd hand and not from the EA). The secretary at the EA firm confirmed to the vendors that the viewing was cancelled as the 'family in question have a sick child'. (News to me thankfully!). In addition to this, they discovered via the secretary that the property was sale agreed and a deposit paid. This was news to the vendors!

Now, whatever inconvenience this has caused me, it is nothing compared to what the vendor is going through.

There are text messages, emails etc. supporting this chain of events plus I am happy to surrender all my call logs to prove without doubt that I did not cancel the viewing.

Is there anything that can be done here? I'm curious about what could be done more in the context of how the vendors have been treated. I could be a vendor soon too!
Deal directly with the vendor. It is in both your interests.
 

Deadlock

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Joined
Feb 4, 2011
Messages
6,172
I am looking for a bit of advice.

I am in the middle of trying to sell my house (no issues to date), and also trying to buy a new house (trading up).

My issue relates to dealing with a particular estate agent (of course I won't mention the firm or this thread will be quickly removed!). To cut a long story short, I was very interested in a particular house in a rural location. A good friend of mine happened to live in the same townsland and happened to know the vendor.

To keep everything above board, we contacted the respective EA to arrange an appointment (duly organised without issue). In the meantime, the vendor was advised by my friend to expect a call from the EA to confirm a viewing appointment. All parties happy!

On the day of the viewing, the EA contacted me to advise that the house was sale agreed, therefore the viewing was cancelled. That was disappointing but fair enough. I sent my mate a text to advise who immediately rang me to say that was a strange development (as he knows the vendors very well and most recently met them on the night before and this was not discussed)

A bit of back and forth ensued (with my friend as the conduit). The vendors had to ring the EA (who only knew about the cancellation 2nd hand and not from the EA). The secretary at the EA firm confirmed to the vendors that the viewing was cancelled as the 'family in question have a sick child'. (News to me thankfully!). In addition to this, they discovered via the secretary that the property was sale agreed and a deposit paid. This was news to the vendors!

Now, whatever inconvenience this has caused me, it is nothing compared to what the vendor is going through.

There are text messages, emails etc. supporting this chain of events plus I am happy to surrender all my call logs to prove without doubt that I did not cancel the viewing.

Is there anything that can be done here? I'm curious about what could be done more in the context of how the vendors have been treated. I could be a vendor soon too!
Jesus that is a horror story for all involved. If the EA is a Member of the Irish Auctioneers Valuers Institute (MIAVI), give them a shout on Monday, and see what they have to say - 38 Molesworth St D2 - 01 676 2888
 

Maction

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Messages
450
Jesus that is a horror story for all involved. If the EA is a Member of the Irish Auctioneers Valuers Institute (MIAVI), give them a shout on Monday, and see what they have to say - 38 Molesworth St D2 - 01 676 2888
Thanks for this. I'd love if there was a legal option. We all know that some EAs do this stuff all the time. There needs to be better transparency on how viewings/bids etc are recorded.
 

Nemesiscorporation

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Jesus that is a horror story for all involved. If the EA is a Member of the Irish Auctioneers Valuers Institute (MIAVI), give them a shout on Monday, and see what they have to say - 38 Molesworth St D2 - 01 676 2888
This happens on a regular basis in Donegal.
 

GJG

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I am looking for a bit of advice.

I am in the middle of trying to sell my house (no issues to date), and also trying to buy a new house (trading up).

My issue relates to dealing with a particular estate agent (of course I won't mention the firm or this thread will be quickly removed!). To cut a long story short, I was very interested in a particular house in a rural location. A good friend of mine happened to live in the same townsland and happened to know the vendor.

To keep everything above board, we contacted the respective EA to arrange an appointment (duly organised without issue). In the meantime, the vendor was advised by my friend to expect a call from the EA to confirm a viewing appointment. All parties happy!

On the day of the viewing, the EA contacted me to advise that the house was sale agreed, therefore the viewing was cancelled. That was disappointing but fair enough. I sent my mate a text to advise who immediately rang me to say that was a strange development (as he knows the vendors very well and most recently met them on the night before and this was not discussed)

A bit of back and forth ensued (with my friend as the conduit). The vendors had to ring the EA (who only knew about the cancellation 2nd hand and not from the EA). The secretary at the EA firm confirmed to the vendors that the viewing was cancelled as the 'family in question have a sick child'. (News to me thankfully!). In addition to this, they discovered via the secretary that the property was sale agreed and a deposit paid. This was news to the vendors!

Now, whatever inconvenience this has caused me, it is nothing compared to what the vendor is going through.

There are text messages, emails etc. supporting this chain of events plus I am happy to surrender all my call logs to prove without doubt that I did not cancel the viewing.

Is there anything that can be done here? I'm curious about what could be done more in the context of how the vendors have been treated. I could be a vendor soon too!
Your vendor has a contract with the EA. It is absolutely clear from what you say that the EA is playing silly buggers to either reduce the price for a friend or do something else dishonest. I'd go and have a chat with the vendor and if you can agree a price between yourselves, sell without the assistance of the EA, or the assistance of their fat fee.

There is a slight chance that the EA would attempt to sue the vendor for breach of contract, but the chances of that getting off the ground, let alone getting to court given that there are three witnesses to serious breach of contract and possibly criminal fraud on the part of the EA are slim to none.

You both could do with a quick visit to a solicitor to confirm that. I'd recommned one well out of area, who has no dealings with the EA.
 
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ger12

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What a chancer. I reallly hope you follow through with a complaint.

A culture like this won't change (I suspect this isn't an isolated case) if people don't highlight bad practice.
 

Deadlock

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6,172
Thanks for this. I'd love if there was a legal option. We all know that some EAs do this stuff all the time. There needs to be better transparency on how viewings/bids etc are recorded.
I think we all read about this, but yours I guess is the time, certainly for me, to meet a person directly affected. At the very least to me it seems that the EA flouted codes of practice. Maybe check out with the vendors to see if they can approach the IAVI as well and then compare notes.

Then maybe when you've all got further info, all parties can think about taking other action?
 

ShoutingIsLeadership

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Another area where no rules or regulations have been brought in, post-crash. The business is a magnet for chancers and fraudsters
 

Maction

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Messages
450
I think we all read about this, but yours I guess is the time, certainly for me, to meet a person directly affected. At the very least to me it seems that the EA flouted codes of practice. Maybe check out with the vendors to see if they can approach the IAVI as well and then compare notes.

Then maybe when you've all got further info, all parties can think about taking other action?
I think you are right....I'll see if all parties can co-ordinate an approach. Its shocking behaviour. What really annoyed me (outside the terrible deceit to the vendors) was the fact they said my child was sick! Very low bar to have to crawl to.
 
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I think you are right....I'll see if all parties can co-ordinate an approach. Its shocking behaviour. What really annoyed me (outside the terrible deceit to the vendors) was the fact they said my child was sick! Very low bar to have to crawl to.
First off, thank fùck that your child(ren) is/are fine. There should be no bar to dealing directly with the vendors.
 

PC Principle

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Jul 12, 2016
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I am looking for a bit of advice.

I am in the middle of trying to sell my house (no issues to date), and also trying to buy a new house (trading up).

My issue relates to dealing with a particular estate agent (of course I won't mention the firm or this thread will be quickly removed!). To cut a long story short, I was very interested in a particular house in a rural location. A good friend of mine happened to live in the same townsland and happened to know the vendor.

To keep everything above board, we contacted the respective EA to arrange an appointment (duly organised without issue). In the meantime, the vendor was advised by my friend to expect a call from the EA to confirm a viewing appointment. All parties happy!

On the day of the viewing, the EA contacted me to advise that the house was sale agreed, therefore the viewing was cancelled. That was disappointing but fair enough. I sent my mate a text to advise who immediately rang me to say that was a strange development (as he knows the vendors very well and most recently met them on the night before and this was not discussed)

A bit of back and forth ensued (with my friend as the conduit). The vendors had to ring the EA (who only knew about the cancellation 2nd hand and not from the EA). The secretary at the EA firm confirmed to the vendors that the viewing was cancelled as the 'family in question have a sick child'. (News to me thankfully!). In addition to this, they discovered via the secretary that the property was sale agreed and a deposit paid. This was news to the vendors!

Now, whatever inconvenience this has caused me, it is nothing compared to what the vendor is going through.

There are text messages, emails etc. supporting this chain of events plus I am happy to surrender all my call logs to prove without doubt that I did not cancel the viewing.

Is there anything that can be done here? I'm curious about what could be done more in the context of how the vendors have been treated. I could be a vendor soon too!
As far I am aware they are completely un-regulated.

In normal countries they are regulated but hey you're in Ireland.

It's all by design. Therefore you are screwed.
 
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As far I am aware they are completely un-regulated.

In normal countries they are regulated but hey you're in Ireland.

It's all by design. Therefore you are screwed.
As ever, you are incorrect in that.
 

President Bartlet

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Estate Agents are a bunch of cons - they inflate the price of houses than what they are worth. They are as responsible for housing bubble that was a cause of the 2008 financial crash as the banks.
 
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In Uk have always used an EA when selling with a time limit, as in sole agency for 16 weeks for X%. Agent plays ball they get paid.

Have added in second agency on one occasion which forced 1st agent to get their skates on.

Nothing to stop Vendor doing this.

Secondly there are quite a few companys that will support you to self sell and cut out the Estate agent.

A clause some EA's use is that if ask them for information then they automatically claim they did the introduction for the sale and due a fee.

A friend found an EA operating dubious practices so requested details under the name of John Smith, contractua time ended and house was sold without EA getting a fee.

OTOH have known people to cut out EA even after they did all the work so cuts both ways.

In case of OP deal directly with Vendor and cut out EA, any claim to be met with a counter claim for damages because of professional miscouduct.

EA will not want to see inside of a court as bad publicity and suit from other vendors.
 

GJG

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blog.hereshow.ie
As far I am aware they are completely un-regulated.

In normal countries they are regulated but hey you're in Ireland.

It's all by design. Therefore you are screwed.
They are regulated by the law. If they are lying to a client in order to benefit a buyer with whom they are in league, they are commiting fraud.
 

ShoutingIsLeadership

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They are regulated by the law. If they are lying to a client in order to benefit a buyer with whom they are in league, they are commiting fraud.


There is no requirement to record bids or any part of the process...it's paper regulation
 


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