Join the Scheme
Related Links:
1. Introduction from the Chairman of the Board (view)
2. Application Form (download)
3. Consumer Guide (view)
4. Code of Practice for Residential Sales (download)
5. Procedures Within The Office of the Ombudsman for Estate Agents (view)
6. Guidance For In-House Complaints Handling (download)
7. Guidance For Member Agents – The OEA Process (view)
9. Terms of Reference (view)
10. Annual Membership Fees 2007 (view)
Introduction
1. The Code of Practice places obligations on you (Member Agents) to acknowledge and cater for the needs of vulnerable consumers.
- Paragraph 1d of the Code states that: You must offer equality of professional service to any person, regardless of their race, religious belief, sex, disability or nationality. You must not be involved in any plan or arrangement to discriminate against a person or people because of their race, religious belief, sex, disability or nationality.
- Paragraph 9a of the Code states that: You must offer suitable advice to meet the client's aims and needs.
- Paragraph 9b of the Code also states that: However, this duty does not excuse you from considering fairly all those involved in the proposed sale or purchase (ie buyers).
- Paragraph 1f of the Code states: Member firms will be expected to have in place satisfactory provisions for attending to the needs of vulnerable customers.
2. These Guidelines are aimed at helping you to fulfil these obligations.
General Principles
3. For the purpose of these Guidelines, vulnerability includes anything that may have an impact on a person's ability to make a sound decision - such as:
- Unfamiliarity with or difficulty in understanding, the house buying and selling process.
- Physical disabilities.
- Language barriers.
4. Consumers include actual and potential buyers, as well as your seller clients.
5. Whilst consumers have the ultimate responsibility for their own decisions, you have an obligation to all consumers to ensure that each individual is given all the relevant information they need to make as informed a decision as possible in the circumstances.
6. You must be able to demonstrate that you have complied with the Code in respect of all consumers.
Guidelines
7. Assessing the potential 'vulnerability' of a consumer is, of course, a sensitive matter - and, to a large extent, requires a judgement call. Staff should understand their obligations in this area - and you should have in place appropriate procedures and relevant training to deal with such matters.
8. You should be willing and able to offer appropriate advice about the house buying and selling process to all consumers. You should not make assumptions about the degree of knowledge that a consumer has. If in doubt, spell it out. Be prepared to explain what you will do, and what other agencies (eg. solicitor, surveyor, financial advisor, mortgage lender) will do. This is especially important (but not exclusive to) first time buyers and sellers.
9. If the consumer in question appears to you to be vulnerable (see Paragraph 3) you must take this into account in any information or guidance you give them - particularly if any decision they make is based solely on that information or advice.
10. If any decision that they make has any legal connotations, you must explain that they should discuss this with their solicitor or legal representative.
Litmus Test.
11. The key questions to ask yourself are these:
- Were you aware that the consumer had any special difficulty?
- If so, did you take this into account and provide the consumer with appropriate information and advice?