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Fact 3 - Office of Fair Trading
The Terms
of Business Agreement issued to any vendor, should be clear and concise -
without false or misleading statements. However, the legislation by
which we and all dedicated Professionals are regulated, can be complex and -
as with any Law - may contain ambiguities or be misinterpreted ... which
only serves to confuse and hinder, not educate or inform. In an effort to
assist Consumers and Estate Agents alike, the Office of Fair Trading have
produced the following booklets.
Using an Estate Agent
Guide for Estate Agents
Fact 4 - Contract Terms
Throughout our web site, we've given lots of guidance and information - via
booklets, legislation and trade body recommendations. But, what about the
genuine, honest Estate Agent who tries to keep from falling foul of
legislation such as the Unfair Contract Terms? Just what does
constitute a "fair contract"? Well, the following document may help to
unveil what a veritable minefield the Unfair Contract Terms can be for any
Estate Agent.
The Unfair Contract Terms (1999)
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Gibson Estates' Marketing Packages are
not only designed to meet the criteria of
every client, but our service to clients actually exceeds current
Industry and Professional standards - when compared to those as
offered by other Estate Agencies throughout the Province.
As
a matter of principal, we do not promise something which is
neither beneficial to our clients or Gibson Estates in the
long-term. We actually
provide
an exceptional one-to-one and online service which is competitive,
dedicated and Professional. With Gibson Estates, there are no
hidden extras, nasty bills or unforeseen charges. What you see in
every Marketing Package, really is what you get. Phone
02891 859 007 TODAY.
Contracts -
Problem Case 1
We get feedback from many clients - even other Professionals -
from all over the country. In one instance, we heard first hand
from a prospective buyer who - after placing an offer to purchase
a Residential property via an Estate Agent - was horrified to
discover that even after the offer was accepted and a SOLD notice
placed over the FOR SALE sign, the property was purchased by a
cash buyer. So, what can be done in a situation like that? Well,
believe it or not, for once the Estate Agent was not to blame.
Estate Agents are bound by contract to market a property on behalf
of the client, and cannot place a notice or any other sign over a
FOR SALE board without the express wishes of the client. If the
client then chooses to accept another offer - albeit a cash offer
- then there is little that can be done to rectify the situation.
This is a very common problem in the Industry, and one which
causes severe disappointment, frustration and out-of-pocket
expenses as Solicitors and Surveyors fees have to be paid. Yet -
as can be appreciated from viewing the documents above - there is
not even a redress scheme to compensate buyers for the monetary
losses they have incurred as a result of failed negotiations with
vendors. Send us your views, or details of any experiences you may
have encountered during the purchase or sale of property. Names
will not be published. Thank You.
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