The dissatisfaction of buyers and sellers with the handling of their transaction led to an increase of a quarter in the number of complaints made against estate agents during 2001, according to figures from the Ombudsman for Estate Agents (OEA).

But interestingly, the statistics show that complaints were not upheld in more than a third of all cases, with 34 percent of disagreements being found in favour of the agents. This compares to 37 percent of complaints that were found in favour of the complainant and 28 percent that were settled by negotiation.

However, the figures are somewhat skewed by the fact that most of the 551 complaints were not mediated by the OEA, due to the fact that the bulk of the cases involved agents that are not signed up to the OEA scheme, which permits the organisation to settle disputes.

There are signs that membership of the scheme appears to reflect the conduct of the agents - there was an increase in the number of complaints against OEA agents of six percent, while complaints against non-member agents rose by 33 percent.

At present around 36 percent of UK estate agents are members of the scheme, something that Stephen Carr-Smith, the Ombudsman, is looking to improve upon: "The fact that roughly two-thirds of estate agents are not in the scheme is frustrating. That is why we have called upon the NAEA and RICS to make it mandatory for their members to belong. This would isolate those agents outside the scheme and put them in an uncomfortable place. Members of the public would not want to use an agent not in the OEA scheme."

But unfortunately, the response from the NAEA is not what Mr Carr-Smith was hoping for. Hugh Dunsmore-Hardy, Chief executive of the NAEA, said: "At present there are no plans to make OEA membership compulsory for our members. Our position is that we encourage membership on a voluntary basis, although the matter is kept under review by our council. Although we do recognise the benefits. we are not a trade body and cannot compel our members."