What happens when you receive my Complaints Form?

We send a copy (and any attachments) to the Agent – and ask for his file and his version of events. Together, this will then become an OEA Case. Only in a few instances will it be necessary for someone from this Office to speak to you directly. A Case Officer will then undertake a formal review of your complaint – largely based on the documents from both sides, but he may also make other enquiries. The Case Officer will then present his recommendations in a written Case Review to the Ombudsman for his Proposed Decision. That Proposed Decision may be: to support your complaint; not to support your complaint; or to propose a settlement.

What level of proof do I have to provide?

It will not be sufficient for you to merely make an unsupported allegation against an Agent. The Ombudsman will need to be convinced that there is some reasonable substance behind any allegation. Any proof that you can provide will substantially help your case.

Where your allegation can be refuted by documentary evidence in the Agent’s records, the Ombudsman is unlikely to support your version of events. However, where the Agent is unable to provide documentary evidence to refute your allegation (where the Ombudsman believes he should be able to) he is likely to support your version of events.

How will the Ombudsman judge my complaints?

In carrying out his Review, the Ombudsman is guided largely by the following:

1. Whether the Agent breached the OEA Code of Practice.
2. The extent to which the Agent fell short of the following basic principles:

• An Agent's primary responsibility remains at all times to his client (the seller), whilst treating all those involved in the proposed sale or purchase, fairly and with courtesy.
• The Agent has a legal obligation to forward all offers received for a property to the seller, unless these are of an amount or type which the seller has specifically instructed the Agent, in writing, not to accept.
• Offers are accepted “subject to contract” and both the buyer and the seller can renegotiate the price or any conditions of the sale, and withdraw without penalty, at any time until exchange of contracts has taken place.
• It is always the seller's decision, and not that of the Agent, to whom and at what price a property should be sold.

What happens if the Ombudsman supports my Complaint?

If the Proposed Decision is to support all or part of your complaint and to make an award of compensation in your favour, the Case Review with that decision is first sent to the Agent – who has 14 days to accept the decision or make a representation. If the Agent submits a representation, this is considered and the Case Review may be amended as necessary.

The Case Review is then sent to you – and you have 28 days in which to accept the decision, or make your own representation.

The Ombudsman can criticise the Agent for any failings or breaches of the Code of Practice. This is normally confined to ensuring that he examines his procedures and supervision, so that such failings are reduced or eliminated.

The Ombudsman can make you an award under the OEA Scheme. Please note that the purpose of this award is to compensate you. Even though it will be paid by the Agent you are complaining about, the award is not made to punish the Agent – that is not the Ombudsman’s role.

What if the Ombudsman does NOT support my complaint?

In that case, the Case Review containing that Proposed Decision will be sent to you first.

What if I do NOT agree with the Ombudsman’s decision?

You can submit a representation within 28 days. However, the Ombudsman will only re-consider his Proposed Decision if:

• You can show that there was a significant error in fact that would have had a material effect on the decision.
• Or where you can produce significant new evidence that will have a material effect on the decision.

If you are unable to produce either of these, we will not be able to help you further.

Having considered any representations, the Ombudsman will make a Final Decision.

Please note that the OEA Scheme is designed so that complaints start and finish with the Ombudsman. Having made a Final Decision, there is no avenue for appeal or further review of your Complaint – for either party - within the Scheme.

If the Ombudsman supports me, what can he do?

The Ombudsman can make awards up to £25,000. He will do so if he is convinced that you have suffered:

• Actual, proven financial loss as a direct result of actions or inactions by the Agent. Please note the words 'actual' and 'proven'.
• And/or undue and avoidable stress and inconvenience - over and above what is a stressful and inconvenient process at the best of times.

What happens if I accept the Ombudsman’s award?

If you accept the Award, you do so in full and final settlement of all the complaints against the Agent upon which he has made a formal judgement.

Can I accept the award and still go to the courts?

By acceptance of the award, you agree to the full and final settlement of your dispute with the Agent – and you will be asked to sign to that effect. The OEA Scheme (recognised by the courts as an Alternative Dispute Resolution mechanism) is designed to settle disputes. That is why (to the best of our knowledge) the courts rarely accept, and have never upheld, the case of a complainant who has previously accepted an award under the OEA Scheme. Therefore, if you wish to pursue your case through the courts, you must reject the Ombudsman’s findings in their entirety.

What is Mediation or Early Resolution?

The Ombudsman will always consider and actively promote and support any opportunities to settle the dispute quickly and this will involve both parties. This is normally done by a member of the Office Staff. However, you can be assured that any complaint reaching this Office will be examined thoroughly and fairly and the decision is based entirely on the merits of the case.

Do you publicise Case Reviews?

No – our Case Reviews and the Ombudsman’s decisions remain strictly confidential between you, the Agent and the OEA Office. We will not disclose any of the details to anyone else. Whether you (or the Agent) wish to make them public is your business.

What about the Agent’s commission fee?

If you are the seller, your contract with the Agent usually requires you to pay commission if the Agent introduces a buyer who goes on to complete the purchase of your property – irrespective of the level of service offered. If you refuse to pay, the Agent has a legal right to take you to court. Some Agents may be prepared to wait until the Ombudsman has reviewed the Case, but they do not have to. Accordingly, we encourage complainants to pay the commission invoice “without prejudice”. This will ensure that the Agent will not take any legal action against you in respect of non-payment of the commission fee – but it still means that the Ombudsman can give his viewpoint on the matter.

You should also be aware that we take note of the advantage to sellers who do not pay their account on time – and this is reflected in any award they may receive.

What proportion of complaints are supported?

This varies from year to year. The Ombudsman’s decisions depend entirely on the merits of each case. Over the last three years, out of some 1,700 cases reviewed, he supported 63% and did not support 37%.