Five estate agents face possible bans or warnings, says regulator

Action has been taken against just three estate agents this year by the National Trading Standards Estate Agency Team – but a further five cases are currently going through an appeal or review process before a final decision is reached.

The National Trading Standards Estate Agency Team took over as regulator in April last year from the former OFT.

Between April 1 and the end of last year it took action against four agents, compared with the OFT’s action against nine in the first three months of last year.

It is not clear from NTSEAT’s current public register searched by date what the action has been – for example, warnings or bans. These can, however, be found if you search the public register by name but there is no further information, for example as to the reason for the ban or the name of the firm for whom an individual worked.

NTSEAT has revealed that it is about to launch a review of the public register to see if the content and way it is published could be improved.

NTSEAT has also clarified those with whom it consulted in its new draft guidance on property sales.

The list of those whom it acknowledges is tiny, running to just 12 names and arguably 11 since NFoPP and the NAEA are both mentioned.

Also acknowledged are the RICS, TPO, Ombudsman Services, Property Redress Scheme, and Hertfordshire, Hull and Warwickshire Trading Standards.

The final names are BTP Consultants (a surveying firm in London), the Independent Network of Estate Agents, and the HomeOwners Alliance.

No agents’ names at all appear, which by any standards is surprising in an industry consultation, where one might have expected to see the likes of Countrywide and Spicerhaart.

There are also other big names missing which might have been expected to comment, for example the Law Society.

We asked why two apparently minority groups had been consulted.

Industry marketing group the INEA, which sets out its stall on multi-listing, was consulted but not any of the other, and larger, commercial industry marketing groups.

We also asked why the HomeOwners Alliance, which sets out its stall as a consumer group, had been consulted but not Which?

A spokesperson told us: “The guidance on property sales was previously issued by the OFT in 2012.

“The National Trading Standards Estate Agency Team reviewed the guidance in 2014 because it needed updating in terms of new legislation, legal opinion and case law.

“We consulted on changes to the guidance in late 2014 by publishing it on our website and by sending it out to interested parties who had previously contacted us about this area of estate agency work.

“In June 2015 we updated the document to a final draft form, and this is currently out for a period of further consultation on our website and ends on 31 July 2015.

“The organisations which responded to the first consultation were acknowledged in the text of the final draft.”

Those industry bodies, agents and individuals who would like their views taken into account on the final guidance should, as soon as possible, visit here

EYE will also update readers on news, as and when we have it, on the next consultation by NTSEAT.

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2 Comments

  1. Trevor Mealham

    PIE, EAT and INEA and no doubt others such as NAEA etc have published articles that highlight the consultation.

    Agents have been given several opportunities to voice opinions. This PIE article highlights the link to the draft which is open to last comments pre NTSEAT creating the final guidance, estimated to be published end of Aug 2015

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