Dealing with Disputes
With numerous parties and complex processes involved in moving home, it's not surprising that problems can arise along the way. Expensive costs, poor communication, service and time delays can all add to the pressure of moving, resulting in disputes between buyer and seller and the many professionals involved. If you've got a bone to pick, we explain the most effective way to get your grievance dealt with.
Firstly, establish what went wrong, what you want done about it and when? Find out how the organisation deals with complaints and take a firm but polite approach in asking for compensation, a discounted fee or a written acknowledgement. If the matter is not dealt with satisfactorily or within your timeframe, contact their relevant trade body: it is there to deal with such issues. Keep a note of all correspondence, conversations and contact names for reference.
Disputes with your Seller
If you find that items detailed on the fixtures and fittings list have been removed, take this up with your solicitor. The list is a legal document, so don't be afraid to follow this up.
If you find you've bought a house of horrors rather than a house of dreams, check your survey again to see if the relevant problems were identified in the report. Hopefully it shouldn't throw up any nasty surprises as you will have thoroughly checked for problems before exchanging contracts. However, if you do find a serious structural problem that's been overlooked by your surveyor, raise this as a dispute with the surveyor.
Disputes with your Estate Agent
Sellers can often feel aggrieved with their estate agent, after all they may feel they've paid a hefty fee for a service that didn't live up to their expectations. Check details of their charges in your contract, especially any additional ones that you weren't expecting. If you find that the charges don't reflect what was agreed in the contract, contact the relevant trade body. Many agents are members of the National Association of Estate Agents (NAEA) [Add link to their sites] or the Ombudsman for Estate Agents [Add link to their sites]. These associations can also help resolve general complaints about any aspect of their service from valuations to managing viewings.
Disputes with your Surveyor
If you instructed a survey to be done, a comprehensive report should indicate any major structural problems, damp or rot. If you find something has been overlooked, or wasn't explicitly made clear that it needed addressing, contact your surveyor to arrange a visit to re-assess your property. If they agree to take responsibility, you may be entitled to compensation to cover the cost of repair.
Disputes with your Legal Team
Conveyancing, the legal process of transferring a property from one owner to another, can often be a drawn-out process. If you're unhappy with any aspect of the legal work such as the length of time taken to complete on your property, loss of money due to delays etc, write directly to the person who managed the legal work in the first instance. If you don't get the response you want, put your complaint in writing to the company's complaints department and if necessary go a stage further to the Law Society that covers the legal firm's location. Further still; contact the relevant Ombudsman if you have an issue with the way that your complaint was dealt with by the lawyer's own professional body. The Ombudsman will review whether the investigation considered all the facts; was thorough and fair; how it was handled; and if the outcome was appropriate.
Disputes with your Removals Company
Due to the very nature of removals, it's inevitable that sometimes items go missing or break during packing and transportation. If you've prepared your removals well, you're much less likely to have cause for complaint, especially if you hired a member firm of the Removals Ombudsman scheme who at the very least offers a complaints procedure. You're also more likely to get compensation if you're prepared. For insurance claims, make sure you draw up an inventory of every item before the move, and afterwards, get a signature from the foreman against any damaged item and take photographs as evidence.