Estate Agent Local - A Directory Of UK Estate Agents

Regulation Act of Estate Agents

The Act contains provisions under which all estate agents in the UK can be required to belong to an OFT-approved industry redress scheme dealing with complaints about the buying and selling of residential property.

The Act also implements measures to improve the regulation of estate agents by:

• Requiring estate agents to make and keep records, including records of offer letters, for a period of six years

• Giving the OFT and local Trading Standards officers powers to require access to premises and on-site production of records in a wider range of circumstances.

• Expanding the circumstances in which the OFT can consider the fitness of an estate agent to practice, and issue prohibition or warning notices under the Estate Agents Act.

The Government is committed to reform of the home buying process in England and Wales in order to make the process quicker, easier and more efficient.

In England and Wales, from 1 August 2007 sellers of properties with four or more bedrooms have been required to commission a Home Information Pack (HIP) before putting their property on the market (and for properties with 3 or more bedrooms from 10 September 2007). HIPs will be extended to cover the rest of the market from 14 December 2007.

It will be mandatory for HIPs to contain an Energy Performance Certificate, searches and legal documents. A Home Condition Report can also be included by sellers on a voluntary basis. Providing this information at the start of the house buying process will reduce delays and uncertainties experienced by both buyers and sellers.

If you have a complaint where you believe the estate agent has acted contrary to their duties under legislation, you should contact your local trading standards department (www.tradingstandards.gov.uk) or the Office of Fair Trading, which enforces the legislation.

Consumer Direct (08454 040506 or visit their website at www.consumerdirect.gov.uk) can provide advice on all consumer matters, such as your consumer rights and whether you are able to seek independent redress for your complaint.

From 1 August 2007 estate agents in England and Wales marketing a property where a HIP is required have needed to belong to an approved HIPs redress scheme, ensuring consumers have access to redress for HIP-related complaints against estate agents. From 14 December 2007, all estate agents marketing homes with HIPs will be required to join an approved redress scheme.

In addition, the majority of estate agents voluntarily belong to the Ombudsman for Estate Agents (OEA) Scheme, which is devised to address unresolved disputes between member agencies and consumers who are actual or potential buyers or sellers of residential property in the UK.

The Ombudsman will consider complaints where it is believed a member agency has infringed a consumer's legal rights, not complied with the OEA Code of Practice, acted unfairly, or been guilty of maladministration (including inefficiency or undue delay). The Ombudsman cannot deal with disputes about surveys and/or valuations of properties.

Estate agent members of the Royal Institution of Chartered Surveyors (RICS) are required to belong to the Surveyor Ombudsman Scheme, unless they are members of another redress scheme. These schemes will investigate complaints against their members, including those related to estate agency work. For further information on how to make a complaint against a member of RICS contact them by email (regulation@rics.org), by phone (020 7695 1670) or by visiting their website (www.rics.org/newregulation).