IAVI upheld complaint but no compensation

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EniotS

Guest
We filed a complaint against our Estate Agent after they sold our house. We were basically overcharged and misinformed about the duration of certain processes after the sale was agreed. The claim was upheld and we are to get back the money we were overcharged.

Apart from that we were looking for compensation as we lost thousands in additional bridging loan interest. The IVIA ruled that the estate agent did break 2 rules of conduct and fined him 1.000€ to pay the IVIA for the cost of the investigation but did find that the agent had to pay us any compensation!

I am considering taking this matter to the Small Claims Court and want to claim half of fee involved i.e. 2000€. Is this wise or will the fact that the IVIA didn’t think this was appropriate convince the court I don’t have a claim?
 
Are you sure that the Small Claims Court would deal with this sort of case?
 
As far as I understand teh Small Claims Court do deal with claims up to 2000€ by a private person that bought goods or a service from a company. If you have any otehr suggestion please tell me...
 
Send copies of the IAVI reply and complaint to Senator Shane Ross- He is Business Editor or columnist in Sunday Independent and is keeping a watchful eye on them!
 
EniotS said:
We filed a complaint against our Estate Agent after they sold our house. We were basically overcharged and misinformed about the duration of certain processes after the sale was agreed.
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I would be very interested in knowing (there are not trick questions BTW, just genuinely interested as to not to get caught myself)
1- how did manage to overcharge you without you noticing straigh away?
2- what responsability EA had in duration of some processes? i thought such processes were under the full control of solicitors and not EA's anymore..
 
Send copies of the IAVI reply and complaint to Senator Shane Ross- He is Business Editor or columnist in Sunday Independent and is keeping a watchful eye on them!
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Shane Ross - The voice of reason, i think his eye is on broadband now, or at least whatever campaign that will keep his voice heard (unfortunately)
 
Sorry to disagree with your view on Senator Ross. IAVI has been a long running topic with him- over a year ago he successful applied to Bray District Court and became an 'auctioneer'- with the sole aim of showing up a so-called profession.

So in my books- this is not a short term campaign he is leading...
 
Sorry to disagree with your view on Senator Ross. IAVI has been a long running topic with him- over a year ago he successful applied to Bray District Court and became an 'auctioneer'- with the sole aim of showing up a so-called profession.

So in my books- this is not a short term campaign he is leading
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Feel free to disagree to anything i say. shane Ross takes a very skewed view on this topic and seems to be more concerned with soundbites than actual debate.
 
MrMan said:
Shane Ross - The voice of reason, i think his eye is on broadband now, or at least whatever campaign that will keep his voice heard (unfortunately)
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His column last Sunday was devoted entirely to serious allegations against a very prominent auctioneer, whom he named.

Do you think Ross should stop criticising sharp practice among auctioneers?
Do you think he should stop criticising our poor broadband infrastructure?
If so, on either count, why?
 
BS

His column last Sunday was devoted entirely to serious allegations against a very prominent auctioneer, whom he named.

Do you think Ross should stop criticising sharp practice among auctioneers?
Do you think he should stop criticising our poor broadband infrastructure?
If so, on either count, why?
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I think that re: auctioneers he should try to leave a little room for balance. We are an easy target, just look at the posts on this site, money grabbers, chancers etc etc, Ross taps into this and tries to portray himself as a crusader against a corrupt industry. We not sharp practices in every profession, why not broaden his debate issues to look at how the IAVI also are trying to eliminate sharp practices. His current campaign re: broadband has him asking for us to email him with our problems, I emailed him previously on a number of occasions to discuss the topic of how the public perceived the profession and he failed to acknowledge these requests let alone open himself to even private debate. This debate was part of a survey that I was conducting and as one of the main critics of the profession it was disappointing that he could not engage in debate.

By all means point out those that are operating beyond the realms of the law, but every story should be told in true context and not that it is representing the profession in its entirity.
 
bacchus said:
I would be very interested in knowing (there are not trick questions BTW, just genuinely interested as to not to get caught myself)
1- how did manage to overcharge you without you noticing straigh away?
2- what responsability EA had in duration of some processes? i thought such processes were under the full control of solicitors and not EA's anymore..
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1) We did notice it straight away he just disputed it until he was corrected by the IAVI. This process took 8 months!
2) We were waiting on the purchasers to get contracts signed for their house before they could sign with us. The estate agent was aware of complications in this process but misled us as to how long this would take (4-6 weeks instead of 4-6 months!) Had we been correctly informed we wouldn't have proceeded with this purchaser.
 
I've just read your post MrMan (which seems to have disappeared). While you went through the article from the Sunday Independent in detail point by point you did not address at any point the issue of the seller (old lady) of the land in question nor did you address the actions of the IAVI auctioneer. I don't know what advice to give the OP but I'm sure a member of the auctioneering body such as yourself would know what he should do.
 
I've just read your post MrMan (which seems to have disappeared). While you went through the article from the Sunday Independent in detail point by point you did not address at any point the issue of the seller (old lady) of the land in question nor did you address the actions of the IAVI auctioneer. I don't know what advice to give the OP but I'm sure a member of the auctioneering body such as yourself would know what he should do.
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Hi, its been removed for reasons I'm not going into because I'm not sure if I'm allowed, but I didn't remove it. I didn't address the issue of the seller directly but I did say that she was wronged allegedly (just covering myself here from infractions). I have every sympathy for that lady and at least she did have a happy ending. I thought I did address the Auctioneer by describing the nature of his dealings. I really can't go over it as you may have guessed byt he disappearnance of the last long post that it did not meet the criteria of posting guidelines and this time i'd like to stay within them if possible.

Just to provide my own feelings on the subject, I am not an apologist for any auctioneers that have done or are doing deals that are to the detriment of their clients or are contrary to the IAVI rules. I do understand that there is need for a regulatory body and I am definitely all for it. I have spoken to many auctioneers and a similar mindset is there to mine. There is more than a small majority of less than moral agents out there but I feel that proper regulation and defined (strict) entry requirements are needed. I don't feel that because of the lack of these two that there should be an open season on all auctioneers. Its a business some are better than others and some have been around a very long time and have developed good reputations on the back of good service.
 
Point taken, but the fact is that it has been Shane Ross, more than any other journalist, who has repeatedly highlighted the malpractices that some auctioneers have been up to, and who has repeatedly called for the need for proper regulation of the sector. Whatever about his tendency for drama and exaggeration, I think he deserves at least some credit for that.

Fwiw, Ross has also repeatedly attacked the Institute of Chartered Accountants (of whom I am a member), and did so once again in passing in the article which I linked to. Even though I am an accountant and an ICAI member, I don't take any exception whatsoever to these attacks. It is up to everyone in professional life to get their houses in order, including the regulators themselves.
 
It is up to everyone in professional life to get their houses in order, including the regulators themselves.
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Agreed, it's just the manner in which its often done that is irksome.
 
As a matter of interest, what manner would be acceptable to highlight such issues? It's always hard to highlight these type of issues and get everyone to stand up and listen- so some 'poetic' licence (did i spell it right!) may be necessary!

In any case, once the relevant institution (or otherwise) takes note and makes some effort (if necessary) to correct the problems, then in my view, it's a win-win for all sides. The problem arises where the IAVI or similar might just decide to bury their heads in the sand!
 
As a matter of interest, what manner would be acceptable to highlight such issues? It's always hard to highlight these type of issues and get everyone to stand up and listen- so some 'poetic' licence (did i spell it right!) may be necessary!
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The same way as any other issue - write a credible story and let the headlines do the selling. Why the need to label entire professions, why not use a balanced story instead of trying to portray something that isn't actually the norm as the norm.

In any case, once the relevant institution (or otherwise) takes note and makes some effort (if necessary) to correct the problems, then in my view, it's a win-win for all sides. The problem arises where the IAVI or similar might just decide to bury their heads in the sand!
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It's a win win but it won't have been down to the ramblings of any particular senator. The IAVI have issued there recommendations for regulation which have been backed by members and are waiting to here back for a number of years now. The IAVI head has been above the parapet rather than buried in the sand.
 
MrMan said:
The same way as any other issue - write a credible story and let the headlines do the selling.
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In fairness this might be asking a bit much when the entire media have been utterly dependent on advertising income from the auctioneering industry for an entire decade.
 
In fairness this might be asking a bit much when the entire media have been utterly dependent on advertising income from the auctioneering industry for an entire decade.
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Is this the same media that have been printing doom and gloom for the last year, producing epic disaster 'movies' like futureshock, I don't think that argument will stand up anymore. What are they going to do now if they are 'utterly dependent on advertising income'?
 
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