Estate agents - Unreasonable commission claim
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Your rights guide: unreasonable commission claim
All estate agents must give you written details of their fees and commission and your contract should specify under what circumstances commission is due.
Your first step should be to look back at the specific terms agreed in your contract. If you believe that an estate agent’s claim is unreasonable, speak to the agent directly. Explain the situation and give them an opportunity to put things right.
Making a complaint
If you are not happy with their response, email the estate agent via resolver, including copies of relevant documents, correspondence and notes or recordings of any calls. Explain your issue and what you want them to do about it.
You may want to ask for a copy of your estate agent’s complaints policy and code of conduct. You should also ask for confirmation of who will be handling your complaint. Your agent should respond within 15 days.You should know
- You may want to ask for a copy of your estate agent’s complaints policy and code of conduct. You should also ask for confirmation of who will be handling your complaint. Your agent should provide a written response within 15 days explaining the outcome of the initial investigation.
- If you aren't happy with the estate agent's response, you can escalate your complaint to the Property Ombudsman.
- You must refer a complaint to an ombudsman within twelve months of the agent's final viewpoint letter.
- If you don't pay an agent's fees, they have the right to take you to court - and if they do so, an ombudsman will not be able to start an investigation into your complaint.
If you do not pay your agent's fees they have a legal right to take you to court. If you contest the fees, then it is important that you raise the case immediately with the estate agent and pay the uncontested element of the fees. If the agent begins legal action against you, the ombudsman willnot be able to continue/start to investigate your complaint.
Your final option
If the estate agent is a member of Propertymark, it is bound by the their codes of practice. After receiving a decision from the ombudsman, you can refer the agent to Propertymark, who will investigate the agent's professional conduct and could impose a fine. However, Propertymark cannot make any financial awards to consumers. If the agent is a member, Resolver will give you this option automatically.
You may need to fill in a copy of Propertymark's consumer complaint form and send them a copy of your resolver case file. You should also include a copy of the ombudsman's findings and copies of supporting documents.
If you need additional advice
If you are unhappy with the ombudsman's decision and believe your estate agent has acted illegally, you can seek legal advice.
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