What you need to know when using an estate agent

Your rights when selling a your property through an estate agent

The Consumer Protection from Unfair Trading Regulations 2008 (amended 2014) (CPRs) regulate estate agents and other businesses involved in property sales and lettings. The CPRs prohibit all traders from using unfair commercial practices in their dealings with individual consumers. Estate agents are prohibited from engaging in commercial practices that are unfair to sellers, buyers, potential sellers or potential buyers of residential property.

high rise buildings in a city

Those agents found to have breached either the CPRs  could be at risk of
prosecution by their local authority trading standards services who are responsible for enforcement by bringing criminal prosecutions. On conviction, agents can face substantial fines or in more serious cases imprisonment. Those classic descriptions of “Stunning” and “Highly sought after” now have to have evidence to back them up!

As a seller you have rights under the Consumer Rights Act 2015 to services carried out with reasonable care and skill, but there are no legal regulations about what estate agents have to do to find you a buyer. So do your research to find the best estate agent for you depending on the services that they provide and their costs.

The Consumers, Estate Agents and Redress Act, 2007 requires all estate agents in the UK to register with an Estate Agents Redress Scheme which can investigate complaints from members of the public. From the 1st October 2014 all letting agents in England have also been obliged to join a scheme under the Enterprise and Regulatory Reform Act 2013.

If you believe that an estate agent has not been acting in your best interests, has not been contacting buyers, provides inaccurate information or is discriminating against you etc., complain first to the manager or owner of the agency. If a chain you can then write to the head office. You can of course take your business elsewhere or withhold some of the agent’s fee. If you do the latter take legal advice first – you may be sued by the estate agent so you need to be very clear on your position.

If you cannot agree the fee with an estate agent for any reason, such as finding your own buyer, seek legal advice.

The Property Ombudsman Code of Practice for Residential Estate Agents is voluntarily followed by many estate agents. Estate agents who follow the Code of Practice are required to provide additional consumer protection that goes beyond that required by law. They can be recognised by the blue TPO logo which they will display on their literature, websites and office windows.

House with lots of grass around. estate agents and your rightsHow to take charge of your home removal provides information and tips for when you move house.

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For more advice, laws, consumer rights and template letters GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

Christmas is coming… are online retailers getting fat?

Online shopping and National Consumer Week

Christmas is coming and many of us will be shopping online. But it’s not just the internet giants who will reap the rewards of the Festive Season. Many smaller retailers and individuals are benefiting by using the big-name platforms, such as Amazon and Ebay, to sell their goods. In fact, more than half of the products sold on Amazon worldwide in 2017 were from third-party sellers.

Citizen’s Advice Bureau and Trading Standards have launched a campaign to raise awareness of using online marketplaces, such as on Amazon, GumTree and eBay. This is part of National Consumer Week, which starts on 26th November 2018, to coincide with Black Friday and Cyber Monday.

National Consumer Week picture of laptop

So, how do you best protect yourself when shopping online, if you’re dealing with individual sellers?

What you need to know when shopping from a business through a marketplace

1)    Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers have 14 days cooling off period for changing their minds. You have up to 14 days to inform the retailer and 14 days from then to send back. There are some exceptions to this, such as bespoke items. Whether or not return postage has to be paid depends on the trader’s terms and conditions. If the item is faulty you should receive the full cost of any postage paid for sending the item to you and for returning it.

2)    For any complaint you will need to go through the platform’s process for complaining to an external seller. You may also find that the platform gives you additional protection.

3)    The Consumer Rights Act 2015 states that items must be of satisfactory quality, as described, fit for purpose and last a reasonable length of time. You can return any items if they do not meet any of these requirements. You do not have to pay return postage in this instance.

4)    If you are buying from an individual and not a business then the item needs only to be “as described”.

5)    If you paid extra for a dated/timed delivery and it does not arrive on time you are entitled to a full refund of the extra cost.

6)    Goods must be delivered within the time frame agreed with the seller. If one hasn’t been agreed (you have agreed a time frame if the listing supplies a time frame) the seller must deliver ‘without undue delay’ and at the very latest not more than 30 days from the day after the contract is made. After this time you are entitled to a full refund.

7)    Check where the item is being sent from! You will have the equivalent consumer rights if ordered from within the EU but not if it is ordered from outside the EU.

Rip Off Britain shopping online

8)    Use a payment system, such as PayPal, when purchasing items. This will give you cover if anything goes wrong with the purchase.

9)    If the item is over £100 (and under £30,000) and you purchase the item on a credit card, you have a right to be refunded via the credit card company if you make a claim within 6 years (5 in Scotland), using Section 75A of the Consumer Credit Act 1974.

10) Completing a credit card transaction through a third party payment service means that the credit card provider and the seller are no longer in a direct relationship, so are not equally liable. So, you do not have the credit card cover if you use a third-party payment service such as PayPal, Amazon Marketplace, Worldpay and Google Checkout.

Research into knowledge of consumer rights and  online shopping

The CAB’s summary information for National Consumer Week looked at research into habits and problems with online shopping.

“Nearly half of people (48%) didn’t think there was a difference in their consumer rights when buying online compared to buying in a store, despite the fact that they usually have enhanced rights on returns for online purchases.

A significant proportion of people didn’t know their rights changed depending on the type of seller – for example a trader or private seller – with over a third (35%) saying there wasn’t a difference in their rights and a further 9% saying they didn’t know either way.”

“The most common redress issue reported to the consumer service is where the consumer wanted a refund but was struggling to get one.”

This was from the BEIS Public Attitudes Tracker August 2018

Further help with online shopping

woman sitting at computer text how not to get ripped off when shopping online

 

Don’t let shopping online become a “rip off”

Your Rights, Mail Order, Online and Deliveries

 

 

Your rights with deliveries:

Deliveries ITV news with Martin Lewis, Helen Dewdney & Peter Handley

More resources for complaining effectively

Top 20 Tips for Complaining Effectively

Complaining on social media

The twitter symbol How not to complain on Twitter

 

Is social media an effective method for complaining?

5 ways how not to use Twitter to complain (and 5 ways how you should)

 

How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

The bestseller. Tips, advice, consumer laws, information, stories and template letters. All you need to write that perfect letter of complaint!