A firm continued to show the Property Ombudsman logo after its membership was terminated over seven months ago. The firm, which blames an administrative oversight, was subsequently reported to Trading Standards.
Crestons, which has branches in Islington and Maida Vale, was still displaying the TPO logo on its website yesterday, together with the associated OFT logo. The logos vanished yesterday evening.
Sales manager Said Ahmed said it had been an oversight, and told EAT that the fee was now being paid. He said that his firm, which says it does both sales and lettings, has not done any sales transactions recently.
Lettings-only firms do not have to belong to an ombudsman scheme but it is a legal requirement under the Consumers and Estate Agents Redress Act that all sales agents must belong to a redress scheme
A spokesman for the Property Ombudsman said: "In October 2010, we terminated their membership as they had not paid renewal fees for sales or lettings – they were members for both.
"In January 2011, we reported them to Islington Trading Standards for using our logo on their website and stationery, which they were no longer entitled to do, and which they had been told they could no longer use when their membership was terminated.
"In February, Crestons telephoned and asked for the paperwork for registration under CEARA rather than full membership, but as yet they have not returned anything."
The matter came to light when property-finding agent Henry Pryor was annoyed when he had dealings with the agent over a rental flat the firm was advertising on Primelocation.
Acting for a celebrity client, he called the firm about the flat. He said he was told it was already let.
Pryor said: “When I asked why it still said ‘available’, she said that they only update portals once a week.
“I called their other office to ask to speak to the head of lettings. The person who answered the phone said he didn’t know. He also didn’t know who ran the company or who his boss was.”
Pryor then checked with the Ombudsman, but found the firm had ceased registration last October. He checked the websites, including Rightmove and FindaProperty, whose logos were also displayed on the website.
EAT was unable to contact Trading Standards in Islington for comment. Rightmove confirmed it lists Crestons' properties but said it would not comment on individual members.
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Comments
I mentioned to the staff at Crestons months ago that they weren't regulated and that I had checked - they still didn't remove the logo for weeks. Even their statements to the regulators and press don't seem saturated with truth...
Still showing the logo!!
Why on earth would any sane agent want to use the Property Ombudsman logo anyway???
Well it took an astute pig farmer to dob them in. Well done Henry!
Typical
Agree with many sentiments on here; as most agents who try to do the right thing and play by the rules will tell anyone who's vaguely interested; estate agency is simply over regulated and under-policed.
Customers rarely report dodgy practices because they are either unaware that they have taken place, are simply unconvinced anyone will do anything about it (see above for why that might be) or, are just so glad to have finally moved that the last thing they want is to raise stress levels by re-living the nightmare they have just been through.
The vast majority of Agents ignored HIPS and many still ignore EPC, Many Landlords still dont protect Deposits (more fool them) etc, The simple truth is you can have all the rules and legislation you want but if no one is policing them then whats the incenstive to adhere to them in the 1st instance. It should be local Trading Standards who does this but as we all know local sevrices are being cut so fat chance of that.
As usual, more and more legislation and costs for the industry but no real benefit or enforcement.
It goes on and on! But the 'associations' keep asking for more! Get the current ones working!
i agree with you henry but then i agree with wardy as well. trading standards had a pretty simple case to deal with here and clearly couldnt be bothered to do anything about it.
Not sure I like the idea of portals policing agents Henry, they are already to big for their own boots.
Would it be very difficult (or breach someones human rights!) if the Portals linked up with The Ombudsman to ensure that those few agents who are not even legal are not afforded the ability to list their stock and so continue to do business?
This bunch kept properties marked as available when they weren't, claimed to be members of the Ombudsman but weren't. They seem to be ignored by Trading Standards and yet continue to raise two fingers to those agents who play by the rules. Enough!
A little less conversation, a bit more action - is what is required to deal with those who continue to bring the industry into disrepute and that requires everyone to stand up to them and not hide behind "we can't comment on individual members".
Name and shame 'em!