A Belfast estate agent has pleaded guilty to an offence under the Consumer Protection from Unfair Trading Regulations 2008 after failing to inform a consumer that he was a member of a property redress scheme.
Desmond McGranaghan (59), trading as McGranaghan Estate Agents.com, of 151 Andersonstown Road, Belfast, was prosecuted by the Northern Ireland Trading Standards Service following a complaint from a property owner who had signed an agreement for the agency to market and sell her property. However, she subsequently withdrew from the agreement due to her dissatisfaction with the service provided.
The company 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 had 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 which is to resolve or settle unresolved complaints from consumers who have suffered a loss as a result of the actions of the member.
Under the PRS, members are given the option of resolving complaints directly; if that is not possible, a negotiated resolution service is available. In circumstances where a resolution is not reached, the PRS can make a formal decision on the complaint.
By failing to declare his company’s membership of the PRS, McGranaghan had prevented the consumer from accessing the impartial dispute resolution services it offers.
At Belfast Magistrates’ Court on September 17, McGranaghan was given a conditional discharge, suspended for 12 months.
Jeffrey Farrell of the Northern Ireland Trading Standards Service 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.”
