Complaint against Estate Agent?

Redgirl82

I was looking for some advice, I have recently put my house up for sale. I hired an estate agent to sell it

The agent put the address in Dublin different to the address we would use. We are right on the border of the 2 areas. The area he put it in would have a little better name.

The majority of our neighbours would say they are in that area. I never really cared either way and never took much notice.

We didn't tell the estate agent which area to list the house and left it to him.

Anyway the agent rang a couple of days ago saying there was a complaint lodged against them for the listing as it was in wrong area

I didn't think much about it but now they are asking for me to send a letter to say that I confirm the house is in the area. I am concerned this will just point the finger at me and the agent will be cleared and I will be in trouble. They mentioned a court case.

There is another house for sale in same area and it is listed the same. Also any houses sold in last 5 years I have found online are listed the same.

I tried to look at web but could find nothing, just wondering what the story is with it?

foggy_lad

As you stated that you did not tell the estate agent what to put then it is nothing to do with you and them putting your address wrongly without consulting with you is their problem.

davo10

Who made the complaint, a member of the public?

If there is a precedent for houses being sold in the area using the more desirable address and if you are likely to get more money for your house by using that address then give him the instruction. It could just be a disgruntled former bidder with an axe to grind with the EA.

Graces7

By all means complain to the professional organisation he is a member of. I have done this re some very unprofessional conduct. Got a good reply and a recommendation to a different agent.

Glenbhoy

You've done nothing wrong, the estate agent has done nothing wrong, this is a non issue.
Absolutely nothing to worry about for either of you, worst thing that might happen would be a complaint from the complainant to the ipav or whatever the professional body is called re the estate agent, they would laughingly point out that areas are subjective (post codes are not), there will not be a court case as there are no grounds for one.

jeamimus

Was the complaint from the buyer who incurred costs investigating the property (or even) buying it, only to later discover that it did not have the address with cachet that they had been expecting?

Or is it simply a complaint from a member of the public that the house was misdescribed?

I suspect the former as this is the only scenario that I could see a court case arising.

Stay out of it. Even if you told the EA the wrong address, they are the professionals here and the court would expect that they would ensure that their listings are accurate, not you.

Redgirl82

Thanks for the info

The house is not sold.

Not sure who made the complaint, maybe member of public. There is another house for sale on same street and it is listed same as mine

The estate agent thinks it might be a rival estate agent as they don't normally work in the area and there is 2 main agents who mop up all the business. He says it could be sour grapes as they didn't get the listing.

I am just concerned about sending an email and it is used by agent to point the finger in my direction. I don't trust any estate agents and I would guess they would do anything to point the finger at someone else.

I don't like the fact that they are dragging me into it, really they should be looking after this

jeamimus

Something doesn't make sense here.

You havent got the full story so don't do anything until you do, and then be cautious.

Redgirl82

jeamimus wrote: »

Something doesn't make sense here.

You havent got the full story so don't do anything until you do, and then be cautious.

My thoughts exactly, the agent rang to say there is complaint and can I send letter/email to say the house is in area X.

I don't want to get involved

handlemaster

Dont know why the estate agent would have even said this to you. Some people have nothing better to do with their time. Just ignore and tell the agent to tell the person to send on proof of the area location of the house in an official capacity I. E. Land register cross referenced with postal etc etc... in other words PFO

Does the agent have to pay any heed to the complaint, surely there is no laws being broken by being a bit "economical" with the truth when giving the address of a house it's happens all the time and can't he just point out that all houses sold/for sale in the area use that address.

If I was the agent I'd be ignoring the complaint.

OldMrBrennan83

This post has been deleted.

MarkAnthony

This is illegal?

Jesus any house for sale in 'Raheny' is in trouble then! Raheny seems to encompass an area the size of Cork once you get out past Killester :pac:

jeamimus

I would suspect that the new professional body for estate agents is trying to put some order on use of location names.

How he conducts his professional business is his own responsibility but its not the end of the world for him if he's been caught with his pants down on this (along with 80% of other agents!). The penalty wouldn't be more than the lightest slap on the wrist for this.

If he has been caught, then he should admit his mistake, and in mitigation point to the exensive use of the name in the area, pointing to past and current listings.

Trying to get the homeowner to write him a note to get him off is schoolboy stuff (and is more unprofessional behaviour than the wrong listing was).

andekwarhola

MarkAnthony wrote: »

This is illegal?

Jesus any house for sale in 'Raheny' is in trouble then! Raheny seems to encompass an area the size of Cork once you get out past Killester :pac:

Same with 'Kimmage' (read : Crumlin and Drimnagh).