property advice wanted: action against uk agency/company?

wakkaday · 28-03-2010, 19:04

hi guys
i hope you can hekp
i want to take action against a uk lettings company for misleading me on the sale of an international property. is there an official uk body which governs uk lettings company who i can directly make a complaint with and an internationals body perhaps?

i would appreciate any help
thanks

Scrubbs · 28-03-2010, 19:13

take action = solicitor usually = £££

they will know where to start

**Maggy J** · 28-03-2010, 20:29

CAB? They may have some advice...

Flyboy · 28-03-2010, 21:22

ARLA (Association of Retail Lettings Agents) is the professional body that covers letting agents in the UK. They are not a regulatory body and they represent agents rather than landlords or tenants, but they can offer advice relating to dealings with lettings agents. However, they do not have any authority other than to expel members and this happens in only extreme cases. They deal only with UK based agents and presumably with only their UK based operations.

That said, the best course of action would be to contact the Office of Fair Trading, they are the ones who investigate businesses who appear to fall foul of any regulations, and/or laws.

It would help if you could give me an indication of the nature of the dispute.

wakkaday · 30-03-2010, 09:00

basically a uk lettings agency who also deal in the international market, told buyers they were part of the overseas development, so as you can imagine loads of people invested as they were a british firm, but we later found out they were nothing to do with the development, they were just acting agents.

**Rob** · 30-03-2010, 09:44

If the company is UK based, they may be part of a trade association or professional body such as ARLA, RICS or similar. Most of these organisations will require them to have a formal complaints procedure, which may culminate in rights to appeal to an ombudsman.

However it sounds like this lot may be unregulated in that they are not dealing with the UK market. Trading Standards may have some influence?

Flyboy · 30-03-2010, 10:35

Quote:

Originally Posted by wakkaday

basically a uk lettings agency who also deal in the international market, told buyers they were part of the overseas development, so as you can imagine loads of people invested as they were a british firm, but we later found out they were nothing to do with the development, they were just acting agents.

Sorry, but you will have to be more specific than that. In which country is the development? What type of properties are they? How does the agency not being part of the development affect the overall deal?

wakkaday · 30-03-2010, 12:53

off plan properties, morroco.
another of buyers want their money back as the contract had been defaulted, including myself. however the agency in question said they are nothing to do with the development and if you want the money - go directly to the developers and ask them. however they did not tell us this at first at the point of sale, they were nothing to do with the development they were only agents.

Mr_love_monkey · 30-03-2010, 15:17

Quote:

Originally Posted by wakkaday

off plan properties, morroco.
another of buyers want their money back as the contract had been defaulted, including myself. however the agency in question said they are nothing to do with the development and if you want the money - go directly to the developers and ask them. however they did not tell us this at first at the point of sale, they were nothing to do with the development they were only agents.

who is your contract with?

Aragorn · 30-03-2010, 16:56

Indeed - did you pay the UK agent in Pounds or the local developer in local currency. If the later, did you have pay the agent a commission direct or did they get their cut from the developer.
Defaulted in what way - delayed or not meeting specifications?

wakkaday · 30-03-2010, 16:59

i gave money in uk to the uk agents, have reciepts for this etc... however the contract was signed in morroco and the contract doesn't list the uk company at all. that is my fault for not checking properly, but i was misinformed.

*defaulted as not complete on time.

Aragorn · 30-03-2010, 17:05

I could be wrong but I suspect the only recourse against the local agent may be through trading standards - even they may not be able to help.
The other option would be to seek an initial consultantation with a legal firm specialising in contract law, as a group of investors, to see if there is any chance of suing the for misrepresentation.

Mr_love_monkey · 30-03-2010, 17:09

did it say on the contract they were acting as agents?

Flyboy · 31-03-2010, 17:21

Quote:

Originally Posted by wakkaday

off plan properties, morroco.
another of buyers want their money back as the contract had been defaulted, including myself. however the agency in question said they are nothing to do with the development and if you want the money - go directly to the developers and ask them. however they did not tell us this at first at the point of sale, they were nothing to do with the development they were only agents.

What does the contract say about default penalties, whose jurisdiction is relevant in the contract (Morocco or the UK), what language is the contract in (Arabic or English)? Did the agent, at any point at all, say that they were partners in the development? Why did you not use an escrow account? Have you been in contact with any authority in Morocco?

If the contract is in Moroccan jurisdiction, it is unlikely that there is anything that UK legal system can do to help. However, if the agents have deliberatley lied to you (some proof may be required), the OFT maybe the best point of contact.

cookie_365 · 31-03-2010, 19:46

Really, you need to see a solicitor. Legal advice from CF members, no matter how well intentioned, isn't going to get you anywhere.