Stoke on Trent estate agent expelled from The Property Ombudsman owing a landlord nearly £5000

Buyers, sellers, tenants and landlords in Stoke on Trent, Staffordshire, are being warned that a local estate and letting agent, SSM2 Limited (formerly Samuel Makepeace Limited), at the time trading as Samuel Makepeace Bespoke Estate Agents, has been expelled from The Property Ombudsman (TPO) scheme for owing a buyer £5,000. The Property Ombudsman has been made aware that the trading name has since been purchased by another individual and would like to make it clear that this press release does not pertain to the legal entity Samuel Makepeace Milton Limited (t/a Samuel Makepeace Bespoke Estate Agents). The Property Ombudsman received a complaint from a buyer after SSM2 Limited advertised a property as having a third bedroom in the loft space when the attic conversion did not comply with regulations. The Ombudsman agreed that it was reasonable to have expected the agent to have made the appropriate enquiries before marketing the property and it was noted that their failure to do so had left the complainant in a vulnerable position. A local authority could pursue a prosecution or take enforcement action against the registered owner of the property, and this would have been transferred to her upon completion of the purchase. This shortcoming meant that the Complainant was prevented from making an informed transactional decision due to the agent’s failure to provide that material information. TPO criticised SSM2 Limited for failing to demonstrate that they had acted in accordance with the requirements of the Code, best practice or due diligence, by checking whether the conversion was compliant. However, that being said, it was considered that the agent’s liability should be balanced with the fact that neither the surveyor, nor the buyer’s solicitor identified the issue before the sale completed, despite this being standard practice during the conveyancing process. The complaint was supported and an award of £5,000 made to reflect the significant distress that had impacted upon the complainant. SSM2 Limited failed to pay the award and The Ombudsman referred the agent to the scheme’s independent Compliance Committee, which ruled the firm should be expelled from The Property Ombudsman scheme. SSM2 Limited (who were trading as Samuel Makepeace Bespoke Estate Agents) is currently going through liquidation, the complainant has been advised and papers have been provided to assist in alternative action. Gerry Fitzjohn, Non-Executive Director and Chairman of TPO’s Finance Committee: “As a member of TPO, agents are obliged to comply with awards made by the Ombudsman, which SSM2 Limited failed to do. The agent has since gone into liquidation. We would like to remind consumers to ensure they always use an agent which is a member of a redress scheme (The Property Ombudsman or The Property Redress Scheme) and holds Client Money Protection**.” Every sales and lettings agent in England is required to register with a Government-approved redress scheme, which enables consumers to have their complaint reviewed independently in the event of a dispute arising that the consumer is unable to resolve with the agent directly. An agreement between the two Government-approved redress schemes (The Property Ombudsman and The Property Redress Scheme, means SSM2 Limited will not be able to register for any form of redress until the award is paid. Redress registration is required for the agents to trade legally.