Brokers felt to have entered incorrect common expenses and not checked if the basement actually accompanied the apartment.
How to complain about the broker
You must first complain in writing to the broker you have used, with suggestions for resolving disagreement.
If you do not agree, you can send a written complaint to the Complaints Board for Real Estate Services.
In the complaint it must be stated that you have been in written contact with the broker. You must provide a brief description of the complaint and say what you want to achieve.
It costs 500 kroner to get the case handled by the board.
The secretariat of the Ministry will first try to get the parties to agree on a solution.
If you do not agree, the complaint will be submitted to a committee consisting of three persons, the manager is a lawyer.
The decision is advisory. However, if the broker loses and he will not fulfill what the board has decided, he must complain in writing within three weeks.
If the broker is unable to do what the board has decided and did not provide them with a satisfactory reason, he will be reported to the Danish Financial Supervisory Authority.
If you are not satisfied with the student’s decision, you may appeal to the courts when the board has completed its treatment.
The Remuneration Committee for Real Estate Services has been established by the Norwegian Real Estate Association, the Norwegian Association of Law Firms, the Association of Real Estate Agents and the Consumer Council.
Every year, a little more than 150. 000 homes sold in Norway. That means around 300. 000 Norwegians are involved in a home sales that either buy or sell. And in the middle of them stands the real estate agent.
The broker has many tasks, among other things, he will present the housing in a good way, he will check that information provided by the seller votes, for example, about the size of the common expenses. He will keep the bidding round tidy and ensure that the settlement at the sale is done correctly.
If you are dissatisfied with a real estate agent, either as a buyer or seller, you may appeal to the Advertising Agency for Real Estate Services.
Nemda has been created by the Norwegian Real Estate Association, the Norwegian Association of Lawyers, the Association of Real Estate Agents and the Consumer Council.
1 out of 3 complainants accepted
In 2012 the board handled 160 issues. In 54 of the 160 cases complaints were received in their complaint, ie almost 34 per cent of the complainants were arrested. 85 failed to comply with the complaint and 21 of the complaints were rejected at the meeting, the statistics show from the board.
– 61 of the complaints were dissatisfied with the case processing, including advertising and handling of buyer / seller relationship. Here 22 of the complainants were arrested and 34 were not allowed, “says Liv Østgård Fagerland, secretary-general..
iHus real estate brokerage at Torshov in Oslo was recently convicted of having reported incorrect shared expenses on the property in the advertisement and prospect. The board believes the broker should have checked the information with the board of the union and iHus had to pay the buyer of the property just over 10. 000 kroner. The amount was the difference between what was stated as joint costs and what was the actual joint cost for five years.
In another case, Eiendomsmegler1 on Lillestrøm was sentenced for breach of good brokerage when the broker did not even check that there was a basement booth, as the seller had stated. However, because the buyer had received compensation from the seller through a change of ownership, the broker was not sentenced to pay any compensation to the buyer of the property.
– Broker has limited liability
Consumer lawyer Ola Fæhn has long experience with conflicts about housing purchases. He explains that many people mix the seller and broker’s responsibilities.
– The broker takes a good pay for the job they do, but this does not reflect what responsibility they are afterwards. It is limited, for example, what liability brokers get if technical information is given wrong, “says Fæhn.
The relationships a broker can be responsible for is usually limited to:
1. The tabber broker does within the main tasks they have with arranging papers, transfer of money, drawing of change of ownership / home purchase insurance and registration of property.
2. Incorrect information about common debt and what is included in joint costs. We have appealed that hot water was stated to be included, but this turned out to be not the case, says Fæhn.
3. Clear legality deficiencies of the home as a broker should have seen, such as the housing is illuminated having a rental unit in the basement, while this unit lacks escape path, fire, ceilings and / or light / view requirements. Here we have examples that the board has given up with responsibility.
The board does not determine compensation fee
Fæhn believes a major disadvantage with the complaints board is that they often refuse to consider matters that are very complicated. In addition, it is rare that they determine the size of a claim for damages, even if they find that the broker has made some criticism.
As a consumer, you therefore risk using a lot of time and resources to appeal a broker to the board without getting a final response. In one case, we were fully accredited by the Estate Agents Committee that the broker had acted as a substitute, but we were unable to determine any compensation. We therefore had to make the decision and complain it to the Finance Appeals Board, and we found the broker’s financial liability, “says Fæhn..
An example from the board illustrates what Fæhns points are.
In a case from 2012, a buyer complained about Eie Eiendomsmegling avd. Kolsås. The broker was found guilty of breaking good business because he did not convey a reservation the buyer had taken on bidding. The buyer made reservations about the condition on the terrace of the house, which later turned out to be so damaged that it would cost around 50. 000 kroner to repair it. The buyer would also have compensation because the other bidder in the process was not informed of the reservation he took. The buyer believes the bid round would end 225. 000 kroner lower if the other interested was aware of this damage on the house, which he was not.
The board found that the broker had broken good brokerage and that he “must replace the complainant’s documented financial loss for the demolition and reconstruction of the terrace”. However, they find that the committee “has no basis for determining the amount of compensation”.
Fæhn warns consumers and believes in many cases it is easier to relate to the seller and sells owner-switch insurance companies.
– Please send a complaint to broker if you believe that the broker has the main responsibility for a loss, but also send the same complaint to the seller and the ownership company. If you are within one of the three areas above, you can also consider pursuing the broker in parallel with a case against the seller, the lawyer believes.
– Get brokerage complaints
Tormod Boldvik is the head of the Norwegian Real Estate Association and finds that the level of conflict in the industry is low.
– A real estate agent has a very careful and detailed contract for the assignment when selling a home and that may be a reason we experience a complaint. Most are carefully specified in the contract and you will rarely find that the price you pay to the broker gets higher than expected, says Boldvik to click. no.
He compares to other industries where one often finds that unpredictable expenses may arise, a craftsman may notice more harm than expected and this may worsen the assignment.
However, in recent years, more cases have emerged in the media where home buyers have complained about brokers for what they think are fictitious bids that have pushed the sales price artificially high.
Boldvik will encourage anyone who may be dissatisfied with the broker they have used to contact directly..
– Most disagreements can be resolved in a friendly way with the broker. In many cases, the consumer will only have a need to confirm that things are done properly, for example by bidding. The brokers have strict documentation requirements and can prove that it has been correct, he believes.
He emphasizes that you can not complain to the broker regarding errors and deficiencies in the accommodation you purchased. It is the seller who is responsible and, if appropriate, his insurance company through a change of ownership.
– The brokers follow the student’s decisions
Secretariat Manager Østgård Fagerland says that brokerage companies have followed the decisions of the board in all but two cases. In these two cases, in accordance with the guidelines, they have notified the board in writing why they will not follow the decision.
In 2012, 41 of the cases drew about incorrect or missing information. Here, 18 were joined and 19 were not allowed, while four cases were rejected.
20 cases were about brokerage expenses, remuneration or fees. Here 8 were awarded and 12 were not allowed.
16 things were about bidding, only 3 were awarded and 8 were not allowed. 5 cases were rejected by the board.
9 cases were about settlement, no complainants were arrested, while two cases were rejected.
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