§ Dr. CableTo ask the Secretary of State for Trade and Industry what procedures there are for the payment of compensation to victims of malpractice by estate agents. [119849]
§ Mr. SutcliffeConsumers who suffer a financial loss as a result of malpractice by estate agents may be able to make a claim for compensation in the civil courts. If the estate agent is a member of the Ombudsman for Estate Agents Scheme, consumers may also be able to make a claim for compensation to the ombudsman.
§ Dr. CableTo ask the Secretary of State for Trade and Industry how many complaints have been made to the Director General of Fair Trading concerning the conduct of estate agents in each year since 1997; how many such complaints have been investigated by the Director General of Fair Trading in each year since 1997; how many estate agents have been banned as unfit to practise by the Director General of Fair Trading since 1997; and if she will publish the list of banned estate agents. [119850]
§ Mr. SutcliffeThe following table contains details of complaints received by the Director General of Fair Trading alleging breaches of estate agent legislation and banning orders issued to estate agents since 1997.
Number of complaints about estate agents receive by OFT Number of estate agents banned by OFT 1997 133 3 1998 98 3 1999 199 6 2000 213 4 2001 170 0 2002 206 6 All complaints are initially reviewed to see if a potential breach of the Act has occurred. If there is a breach, then a full investigation will take place and, if the breach is proved, regulatory action is taken. Prior to the year 2000, the Office of Fair Trading did not record details of how many complaints were investigated. Since then, an average of 50 per cent. of complaints made to 887W the Office of Fair Trading have resulted in a full investigation, which in turn has led to an average of 80 warning letters being sent each year.
The Office of Fair Trading maintains a Public Register of banned estate agents and will provide a list of banned estate agents which will be placed in the Libraries of the House shortly.
§ Dr. CableTo ask the Secretary of State for Trade and Industry whether her Department has undertaken a review of the provisions of the Estate Agents Act 1979 since 1997; and if she will make a statement. [119851]
§ Mr. SutcliffeThe Department has not undertaken a review of the provisions of the Estate Agents Act 1979 since 1997. However, the Office of Fair Trading is currently investigating the market for estate agents in England and Wales, including the effectiveness of the Act.
I will consider carefully any recommendations the Director General of Fair Trading makes about future regulation of this market.