It seems to be a problem not confined to the capital. Steve Wiseman, Manager of the Norwich Citizens’ Advice Bureau and author of Lawpack’s 'Leaves on the Line – How to Complain Effectively' says: “One of the major complaints people make in coming to us, is that estate agents are only directing buyers to sellers, where the buyers have agreed to take a mortgage arranged by the agent. In these cases, other prospective buyers – who may have already arranged their own mortgage – are not simply not put in touch with the seller at all”.

Since January 1998, members of the Royal Institution of Chartered Surveyors (RICS) and the National Association of Estate Agents (NAEA) have had to comply with a code of practice. Also, the Property Misdescriptions Act 1991 means that the properties you view should pretty well match the description the agent gives you. But occasionally an estate agent’s enthusiasm to sell may get the better of him.

So what can you do if you feel you have been the victim of sharp or even illegal practices?

The first thing to do is to complain to the manager and then to the Head Office or a director of the firm. Larger firms will have complaints procedures set out. You should also complain to Trading Standards, as they have statutory responsibilities for monitoring estate agents. NAEA will take up your complaint if either the company itself or a principal in the firm is a member. You can also complain to the Ombudsman for Estate Agents, but sadly only if the estate agent is a member of the Corporate Estate Agents Scheme.

You will have grounds for complaint if there has been a breach of the rules of conduct – these are rules covering the selling, buying and letting of property.

You can also complain if you suffer inconvenience or loss as a result of an inaccurate or misleading description of a property. In serious cases, Trading Standards may prosecute. If you can prove loss, you may be able to take legal action even if there is a written disclaimer denying responsibility for inaccuracies.

If you want to dispute a bill, get a breakdown of the costs. Then check whether you have to pay for anything other than what is says in your agreement. If you still dispute charges, seek an explanation from the agent dealing with you.

If you think you did not get the best deal (eg if your property was sold for less than it should have been because the agent failed to pass on a higher offer), you will need evidence to back up your complaint or take legal action for negligence.

There is of course a way to avoid estate agents altogether, and that is to sell your home yourself. There a number of products available on the market that make it inexpensive and straightforward to market your home yourself. A number of websites also allow private buyers to advertise their homes. These websites offer the facility of placing your advertisement on their own website but more importantly they can put your details onto many of the big national property websites as well, giving access to potentially millions of property hunters.

Useful Information
How much is your property worth?
Tips on getting that "Show Home" look
Top tips for conducting property viewings
Property Selling - your Questions Answered