6 · 07 · 2008

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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

If you are unable to resolve your complaint, and the agent is a member of the NAEA, register your complaint with the Association by writing to:

The Compliance Officer
The National Association of Estate Agents
Arbon House
6 Tournament Court
Edgehill Drive
Warwick
CV34 6LG
Telephone: 01926 496800
Facsimile: 01926 417788
Email: compliance@nfopp.co.uk

Investigations follow a series of procedures detailed in the Association's Disciplinary Procedure Regulations.

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

The Association will look into all complaints providing there is no alternative remedy available

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 Ombudsman for Estate Agents, (see below)

Where legal proceedings have been instigated by either party, the Association will not commence their own investigations until the action has been concluded

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)

Ombudsman for Estate Agents

As of 3 April 2006 the NAEA made it a mandatory requirement for all Principals, Partners and Directors to have their company within a scheme that offers independent redress for complainants. For most NAEA members this means that they are also required to join the Ombudsman for Estate Agents scheme. This requirement currently relates only to Residential Sales and Residential Lettings agents.

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

Please contact:

The Ombudsman for Estate Agents
Beckett House
4 Bridge Street
Salisbury
Wiltshire
SP1 2LX

Telephone: 01722 333306
Facsimile: 01722 332296
www.oea.co.uk

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