NAEA Complaints

First Steps

• Initially, contact the agents themselves to attempt to resolve the problem.
• Members of the NAEA are recognisable either from the NAEA logo on their premises or stationery.
• Members have designatory letters MNAEA or FNAEA after their names.
• Where a member is a principal partner or director they are accountable for the company and should have in place an internal complaints procedure (A senior member of the agency should help you resolve the matter).
• Please Note. Some agencies only have employee members (please check the website). Employee members cannot be held accountable for the actions of others within the company.

What To Do Next

Investigations

• Members of the Association are required to comply with Rules of Conduct and Code of Practice for Residential Estate Agency
• Complaints will be investigated in accordance with the Association's Disciplinary Procedure Regulations

• Complaints regarding monies outstanding, compensation, bonds and rent should be referred to the Small Claims Court
• Complaints involving allegations of a breach of The Estate Agents Act 1979 or the Property Misdescriptions Act 1991, complainants are advised to contact their local Trading Standards Department
• Complaints involving claims for financial redress may be considered by The Property Ombudsman Service (TPOS) or the Surveyors Ombudsman Service (SOS)  see below

• The Association does not have the authority over its members to order compensation to be paid to a complainant nor are we able to become directly involved in a complaint
• The Association is unable to investigate complaints about a member's conduct that has occurred more than two years prior to receipt of the complaint

Disciplinary Powers

• The Association has the authority to discipline members should they be found to be in breach of the Rules of Conduct or Code of Practice
• Penalities are; caution, formal warning or they could be summoned to a Disciplinary Tribunal (if found to be in breach of the Rules of Conduct, the member could be fined for each breach of the rules, suspended or expelled from membership)

Independent Redress

As of October 2008 it became a legal requirement for estate agents to register with an independent redress scheme.  There are currently two approved schemes, The Property Ombudsman Service (TPOS) and the Surveyors Ombudsman Service (SOS)

If your attempts to resolve your complaint through the agents own internal complaints procedure you will be able to ask TPOS or SOS  to consider your complaint.

Please contact:

The Property Ombudsman Service                               Surveyors Ombudsman Service
Beckett House                                                               PO Box 1021
4 Bridge Street                                                              Warrington
Salisbury                                                                       WA4 9FE              
Wiltshire
SP1 2LX

Telephone: 01722 333306                                             Telephone: 01925 530270
Facsimile:   01722 332296                                             Faxsimile:   01925 530271
www.tpos.co.uk                                                         www.surveyors-ombudsman.org.uk