The new regime is taking time to settle down following many changes during 2008 and there are bound to be some problems that leave a buyer or seller feeling disappointed or let down in some way.  If this happens to you, what can you do about it?

For the first time, estate agents are required to belong to a ‘complaints and redress’ scheme.  All who are members of the National Association of Estate Agents must belong to the scheme of the Ombudsman for Estate Agents. The website can be found at www.oea.co.uk  

New schemes set up under the HIPs legislation to deal with complaints will only deal with complaints relating to HIPs – called ‘relevant complaints ‘ in the legislation.  

The complaint can only be made against an estate agent; can only be made by the seller or potential buyer of a residential property and can only relate to acts or omissions by the estate agent that affects the person making the complaint in connection with the agent’s activities relating to HIPs.

All schemes seeking to meet this requirement have to be approved by the government.  Existing schemes for dealing with complaints and providing redress to consumers may also apply for approval - the fact that their powers cover more than the HIPs regime will not prevent their approval. The current estate agents ombudsman scheme has received approval as have other existing schemes.

Home Inspectors (HI’s) are also subject to a ‘complaints and redress’ scheme. More than one scheme has been accredited to licence and regulate HI’s and the terms of these schemes require a complaints and redress procedure and for details to be contained in the Home Condition Report (HCR) if included in the pack.

Accreditation schemes for Assessors who prepare Energy Performance Certificates (EPC’s) are also required to have a code of conduct and a complaints process.

Although it is not a requirement to set up or become a member of a complaints and redress scheme, those who provide search and enquiry reports will be encouraged to do so by the prescribed terms of the search and enquiry reports they will prepare.

Caveat emptor – let the buyer beware has not been over-ruled by the new regime. A disgruntled consumer will still be able to sue for any loss caused by any other participant in the process.