Belfast Estate Agent pleads guilty to misleading consumer

A Belfast Estate Agent who failed to inform a consumer that he was a member of a property redress scheme was today given a conditional discharge, suspended for 12 months, at Belfast Magistrates’ Court.

Trading Standards Service Court Report

In a case brought by the Trading Standards Service (TSS), Mr Desmond McGranaghan (59), trading as McGranaghan Estate Agents.com, of 151 Andersonstown Road, Belfast, pleaded guilty to one offence under the Consumer Protection from Unfair Trading Regulations 2008.

The case arose following a complaint made to TSS relating to the actions of McGranaghan Estate Agents.com. The complainant had signed an agency agreement with the trader to market and sell her property, but she subsequently withdrew from this agreement due to her dissatisfaction with the service provided. The trader then pursued the complainant for a marketing fee of £250 plus VAT, which was subsequently passed to a debt collection company. 

McGranaghan Estate Agents.com failed to inform the complainant that they were a member of the Property Redress Scheme (PRS) at the time of signing the agreement and at the point they received a formal complaint.

All estate agents in Northern Ireland are required by law to be a member of an approved redress scheme. The main purpose of the redress scheme is to resolve or settle unresolved complaints from consumers who have suffered a loss as a result of the actions of the member.

Jeffrey Farrell of the TSS said: “Buying and selling a home is likely to be the most expensive transaction that consumers will ever make, and is unlikely to be a frequent occurrence. Consumers therefore put their trust in the professionalism of the estate agents that they engage to guide them through this process. It is vitally important that consumers are able to complain and seek redress through a fair and independent process when required. TSS remains committed to investigating those traders that fail to comply with the law.”

The TSS offers the following advice for consumers when using an estate agent to sell their home:

• Check the agent is a member of a property redress scheme;
• Access the guides for selling and buying a home available on NI Direct;   
• Ensure you receive a written agreement from the agent who is selling your home;
• Take the time to read the agreement and if there is anything you don’t understand, ask the agent to explain it to you.

 Anyone who believes they have been similarly affected should contact Consumerline on 0300 123 6262.

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