Monday, 20 May 2013

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How to deal with a home purchase related dispute

When buying a home, it’s possible for disputes to arise from a variety of areas.

Even if you’ve carefully planned all aspects of the purchase, problems may still occur involving an estate agent, solicitor or removal firm who you’ve dealt with, so when considering any of these services, always take care before you sign any contracts.

These must be read thoroughly so that you can ask for clarification on any terms which you don’t fully understand.

If you feel there’s sufficient grounds to complain about the service you’ve received, ask for a copy of the company’s complaints procedure.

Estate agents are required to join an approved redress scheme for complaints. There are two in place; the Property Ombudsman (TPO) and the Surveyors Ombudsman Service (SOS).

These deal with most typical issues including breaches of law, maladministration or failure of the company to follow the code of practice obligations relating to their membership.

However, each scheme is unable to consider any complaint until the firm has completed its final response to the customer on the complaint.

There’s no charge for referring a complaint to the Ombudsman .

This process starts by completing and submitting a complaints form.

If your issues are within the required terms of reference and the Ombudsman thinks you have a case, he will undertake an investigation impartially before arriving at a written decision.

Awards of up to £25,000 can be made by the Ombudsman if they find that you’ve suffered financial loss or avoidable distress and aggravation. If you accept the Ombudsman ’s decision it’s a “full and final settlement” of your complaint, however, you’re not obliged to accept it and, if you don’t, you can still instigate legal proceedings.

Since October 2010, complaints regarding law firms are dealt with by the Legal Ombudsman . If you’re unhappy with the service provided by your solicitor you can refer your concerns to the Legal Ombudsman within six months after your last contact with your solicitor.

Following an investigation which upholds all or part of your complaint, the Legal Ombudsman is able to order the firm to pay you compensation, or alternatively reduce or refund the fees which you have paid to the firm.

Approximately 25 per cent of removals firms are members of the National Guild of Removers and Storers (NGRS).

The Removals Industry Ombudsman will only deal with disputes between these members and their customers.

Before selecting a firm you should check on the level of insurance cover they offer.

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