What will the Ombudsman do?

Once it is established that attempts to resolve the dispute between you and the Complainant have failed, the Ombudsman will then look into the dispute and seek to resolve it in full and final settlement.

In a minority of disputes, there are processes within the Office to seek an early resolution of the dispute through mediation - by helping you and the Complainant to reach a settlement that you can both agree on. There are three occasions on which this might occur: when this Office is first informed by the Complainant that there is a dispute; when we formally receive the Complaints Form; and once we have received your Branch File. The dispute will not have been reviewed by the Ombudsman.

However, the majority of disputes will be resolved by a Case Officer undertaking a formal Case Review and presenting his recommendations to the Ombudsman to make a written Decision. Where the Ombudsman supports the Complainant, he may also consider an appropriate award of financial compensation - which is binding on you.

How do we present our side of the case?

We will send you a copy of the Complaints Form - explaining the complaint(s) made against you - and ask for your Company File and your version of events.

We strongly recommend that you do this under a covering letter - see Covering Letter. The closer you can comply with the draft, the more likely you are to present the totality of your case.

What level of proof do we need to provide?

The content of your Company File is the key. What you send us should be the complete file of the transaction. We will expect to see the following documents: market appraisal form; viewing records; offers made; memorandum of sale; copies of all correspondence between you and the Complainant and other relevant parties during the transaction. Of particular importance is your contemporaneous written record of the monitoring of the sale and the contact you had with the Complainant and other relevant parties - sometimes called 'Sales Progress Notes'.

If you are unable to provide such evidence in support of your actions, the Ombudsman will be inclined to accept the Complainant's version of events.

What happens next?

A Case Officer will then undertake a formal review of the complaint - largely based on the written cases provided by both parties, but he may also make other enquiries. The Case Officer will then present his recommendations in a written Case Review to the Ombudsman for his Proposed Decision. That Proposed Decision may be: to support the complaint; not to support the complaint; or to propose a settlement.

What if we have made an offer to the Complainant?

Any offer lapses on referral of the Complaint to this Office. The Ombudsman will come to his own conclusion as to whether or not that offer represents appropriate compensation for the Complaint.

How will the Ombudsman judge the Complaint?

The Ombudsman will be influenced by the evidence he sees and will be guided by the OEA Code of Practice. He will always try to use common sense and arrive at a Decision based on what seems to him to be fair and reasonable in the circumstances.

What happens if the Ombudsman supports the Complaint?

The Case Review with that Proposed Decision is first sent to you.

What if the Ombudsman does NOT Support the Complaint?

In that case, the Case Review containing that Proposed Decision will be sent to the Complainant first.

What if we do NOT agree with the Ombudsman's decision?

You can make a Representation within 14 days. However, the Ombudsman will only re-consider his Proposed Decision if:

• You can show that there was significant error in fact that would have had a material effect on the decision.
• Or you can produce significant new evidence that will have a material effect on the decision.

The Ombudsman will take your Representation into account and inform you of the result - and, at the same time, send the Case Review to the Complainant for acceptance or representation of his Proposed Decision.

Having considered any Representations made, the Ombudsman will make a Final Decision.

Please note that the OEA Scheme is designed so that complaints start and finish with the Ombudsman. Having made a Final Decision, there is no avenue for appeal or further review of your Complaint - for either party - within the Scheme.

What can the Ombudsman do?

Firstly, he can criticise you for any failings or breaches of the Code of Practice and direct that you change your practice.

Secondly, he can make an award to the Complainant (of up to£25,000) for: actual, proven financial loss; and/or for undue and avoidable stress and inconvenience - over and above what is a stressful and inconvenient process at the best of times.

Awards

The range of awards made over the last three years is:

£1-99 40
£100-499 241
£500-999 40
£1,000-2,999 22
Over £3,000 6

What is the likely outcome?

If the Complainant accepts the Award, he/she does so in full and final settlement of all the complaints against you upon which the Ombudsman has made a formal judgement.

If the Complainant does not accept the Ombudsman's decision, he/she is free to pursue their complaint elsewhere, without prejudice form anything we have written. However, in that case, you will also be free to pursue any claim you may have for any outstanding commission fee. Over the last three years, out of some 1,700 cases reviewed, the Ombudsman supported 63% and did not support 37%.

Our Case Reviews and the Ombudsman's decisions remain strictly confidential between you, the Complainant and the OEA Office. We will not disclose any of the details to anyone else. Whether you (or the Complainant) wish to make them public is your business.