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Estate Agents NegligenceMaking a claim against a professionally negligent Estate Agent
When you instruct an Estate Agent to market your property, you want the agent to achieve the best possible price and a quick sale.
Undervaluing a property will mean the property could end up being sold for less than the market value, whereas overvaluing a property may mean that by the time the price is adjusted to one that reflects the correct market price, you may have lost the opportunity of an earlier sale or the market may have gone through a transition period further reducing the market value.
You may also instruct an Estate Agent in the capacity of a Letting Agent who may be required to vet potential tenants; collect rental monies and to account to appropriate deposit holding agencies for any deposits taken from the tenants.
We will help determine what duty your agent owed you and whether or not they have been breached and if those duties have been breached we will help you to identify the losses of potential losses you have suffered. We can then consider how best to pursue this claim and the likely costs.
Our aim is to give you as clear a picture of how strong your claim is and how much it is worth as soon as possible, and in any event before you take decision to take proceedings. Where there is sometimes, particularly in complex matters, a specialist Barrister’s input will be needed.
Although a large number of Estate Agents are either now professionally qualified and members of professional organisations, it still remains the case that almost anyone can set up as an Estate Agent without any formal training and there is no compulsory insurance obligations. Consequently, we can help you identify if your Estate Agent is a member of appropriate professional organisations and whether or not they are insured so that you can have a degree of confidence that if you bring a claim and are successful you should be able to recover the full amount of damages and costs awarded.
If we feel that you have a good prospect of success and the value of your claim is sufficient we will be prepared to consider acting for you under a Conditional Fee Agreement – sometimes known as a “no win, no fee”.
Sometimes though an Estate Agent’s service whilst inadequate may not amount to negligence or an actionable breach of contract. If this is the case you still may have grounds to bring a complaint through their professional body.
- Professional Associations or Estate Agents include the Association of Residential Letting Agents (ARLA)
- Association of Residential Managing Agents (ARMA)
- National Approved Letting Scheme (NALS)
- National Association of Estate Agents (NAEA)
- Royal Institution of Chartered Surveyors (RICS)
- U.K. Association and Letting Agents (UKALA).
Professional negligence claims against an Estate Agent call for specialist legal advice from experienced solicitors. To make an appointment to discuss your claim, contact Nigel Kinder on 01278 454414 or freephone 0800 862 0442. Alternatively, complete our online enquiry form and we'll call you back as soon as possible.
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