Zoopla has complained to the Advertising Standards Authority about OnTheMarket.
The complaint was over an email sent to a prospective member last September.
The main text of the email said:
“Dear […] As you have registered interest in Agents’ Mutual and OnTheMarket.com, I am writing with an update on our progress […]
“The great majority of our firms switched from the No. 2 portal, reducing the number of its agents by over 23% between 30 September 2014 and 31 March 2015 (source: Zoopla Property Group PLC Results Presentations 2014 and 2015) […]
“OnTheMarket.com is rapidly closing the gap with Zoopla in terms of available property stock. Zoopla is losing traffic market share and it is clear that agents leaving it are seeing no adverse effects on their business […]”.
Zoopla Property Group challenged whether:
- The claim “OnTheMarket.com is rapidly closing the gap with Zoopla in terms of available property stock” was misleading and could be substantiated;
- The ad breached the Code because the email did not contain a mechanism whereby recipients could verify the comparison between OnTheMarket.com and Zoopla’s “property stock”; and
- The claim “Zoopla is losing traffic market share and it is clear that agents leaving it are seeing no adverse effects on their business” was misleading and denigrated their service, because it portrayed them in a negative light.
A spokesperson for the Advertising Standards Authority said: “OnTheMarket.com provided their written assurance that they would not make similar claims without substantiating them with adequate and up-to-date evidence, and in the case of comparative claims, they would ensure that they included means by which consumers could verify those comparisons.
“Furthermore, they informed us that they were no longer making such claims in their advertising.”
A spokesperson for OnTheMarket told EYE: “We were informed by the ASA in November last year that they had received a complaint from a competitor about an email sent in September 2015.
“The challenge was not upheld by the ASA and it has now been informally resolved following our full co-operation.”
Comments (45)
So… having dropped into the Archive no doubt my new-found fweind ‘keentoobserve17’ will see no value in posting again on this thread.
I look forward to the next thrilling instalment, coming to an OTM-based article near you, soon.
(Probably around the 17th of next month, I would hazard a guess – assuming regularity.)
Vive la difference!
We must be in the most boring industry ever if this is all that is talked about and for so long……zzzzzzz…..
And you keep adding to the boredom you refer to because…?
It appears to be from an observers persepective, you do like to throw oil on the fire don’t you? You appear unable to accept anyone else’s opinion on either of your two favourite topics, OTM and Online Agency. Surely you must have other opionions as having read this forum for the past two years, you are not only rude and untolerant.
‘You appear unable to accept anyone else’s opinion on either of your two favourite topics, OTM and Online Agency.’
Please show me one single instance of refusal to accept the opinion of Robert May, Woodentop, RealAgent, Mark Rowe, MF… the list goes on…. on either of the two subjects you refer to. You’ve been watching for two years, apparently – the floor is yours.
‘Surely you must have other opionions… ‘
Nope – I am extremely INtolerant of them, actually. Onions of any kind make me barf.
.’..as having read this forum for the past two years, you are not only rude and untolerant.’
Ich würde nicht zustimmen, Herr/Frau/es vorziehen, nicht zu erklären.
Any reason why it’s taken you two whole years to bite?
I reckon your tolerance threshold must be compromised.
Erm… diddums.
You want to see ickle kittens pwaying – there are sites that cater specifically for people like you.
As you are ‘keentoobserve’ – and to pass comment on my ‘opinionions’ – perhaps you would like to temporarily direct your attention to the ‘Gazumping’ article and knock yourself out on that one?
Or how about yesterday’s article on Fee levels? – I was “rude and untolerant” there also.
Paul Smith’s unfortunate article/advertorial, maybe?
Further back you go – the more topics you well find that I’ve thrust my ‘opinionion’ upon the poor readership of EYE.
But, then, you know that – I’ve been boiling your wastewater for two years…
Oh how undignified can one person be!?! I stated my opinion, which yet again you cannot take! You are extremely rude to anyone that does agree with you. I observe because quite frankly rather than be a ‘keyboard warrior’ I actually choose to do something about things – can the same be said for you sitting behind your keyboard with your italics and bold lettering?
Surely rather tying 90 to the dozen you should be proactive in approaching the situations – me well I am keen to observe!
Funny, that. I simply respond to your opinion (congrats on getting it right this time round) and you attempt to twist and turn and wriggle yourself into the position of ‘offended party’ in all this.
In a perverse way, I kinda like your style. My latest challenge, so as to speak.
Anyway… – just to clarify matters here:
* You have no interest in any comments I have made on any other subject – purely those you refer to namely ‘online’ estate agency and OTM.
* You have issue with my “opionions” on those two subjects which, you feel, rather than sit back and observe as you seemingly do on every other issue that affects our industry, you must make a mahoosive song and dance about.
* You can’t spell for toffee and your grammar is, frankly, abysmal.
The most reasonable conclusion therefore is that you are an ‘online’ agent.
Or you do an incredible impression of one – in which case you are wasted in whatever ‘real’ job you may currently be engaged, and should remedy that situation immediately.
I have no issue with your opinion, it appears that it is you that seems to have an issue with anyone that does not share your opinion. I have intrestet in anything to do with agency, I have an issue with this because you winge and belly ache and its always the same… Be a game changer and do something, key board warriors never win!
Spelling and grammar – really, nothing but a cheap shot! Try typing on your iphone!
What I am or am not, is nothing to do with you and quite frankly yet again, you have drawn your own conclusions because its what YOU want to believe.
Just to clear things up for your peace of mind.. I am a High Street owner, a portal user and general good agent with exceptional staff.
Do not tell me what I should be doing as my career choice. Not really sure who or what you think you are, other than a keyboard warrior!
Anyway, houses to list, progression to deal with .. be busy!
I have no issue with your opinion, it appears that it is you that seems to have an issue with anyone that does not share your opinion.
That’s your opinion. Or opinionion – you choose. You are entitled to both if you wish. I don’t see, however, why my opinion (and I only need the one…) causes you so much chew when it is the identical opinion of many others who post here.
Suggest you use an alternative method of posting. Whether or not you think it’s a cheap shot – you are judged on what you post on here – as you are cobra-quick to point out.
You seriously need to chill – no apologies for telling you what to do. If nothing else I would like you to consider me a caring keyboard warrior… and I don’t want to be blamed for your meltdown.
Oh wow Peebeeeeeee, are we in the school playground? Meltdown where?
Sometimes precious its not what you say, its the way you say it.
How many times, of couse you entitled to your own opinion as am I, however, you take umbridge and pull cheap shots to anyone that does not agree with you!
Now, go play nicely
‘…are we in the school playground?… Now, go play nicely’
Are a teacher by any miracle of chance?
Otherwise why should you expect to be able to control what you seem to think of as my playground antics.
Thing is, I have seen nothing whatsoever that gives me reason to believe you could ‘teach’ me – or anyone else reading and contributing to EYE… and there are many that appear to know less than SFA – anything whatsoever.
All we have to go off is your intolerance to my posts.
This is my playground in exactly the same way that it is yours or anyone else’s. People fought and died to give us the right to play here and I am eternally grateful to them in that respect.
Don’t waste time and effort trying to put me in a corner or lock me in a cupboard because you don’t like what I say and/or how I say it for whatever reason or agenda you need to fulfil – WAAAY bigger and better have tried and failed miserably.
Hopscotch, anyone?
I have no issue with your opinion, it appears that it is you that seems to have an issue with anyone that does not share your opinion. I have intrestet in anything to do with agency, I have an issue with this because you winge and belly ache and its always the same… Be a game changer and do something, key board warriors never win!
Spelling and grammar – really, nothing but a cheap shot! Try typing on your iphone!
What I am or am not, is nothing to do with you and quite frankly yet again, you have drawn your own conclusions because its what YOU want to believe.
Just to clear things up for your peace of mind.. I am a High Street owner, a portal user and general good agent with exceptional staff.
Do not tell me what I should be doing as my career choice. Not really sure who or what you think you are, other than a keyboard warrior!
Anyway, houses to list, progression to deal with .. be busy!
because I can ……
My comments were meant for PeeBee and not yourself.
So were mine.
Just as well – seems I’m the only one who reads them.
Well said or in the words of PeeBee ….. Well said
Or you work for the most boring of all companies? Do some work.
what?
Actually I think OTM could if needed to support some of its claims as Z are pretty Cxxxp as often highlighted by many agents and in some parts of the country they have little market presence and OTM are in second 2nd.
A bit two faced considering the personal slagging by Z reps when they call, but not prepared to follow-up on paper when asked to support their claims.
A sign of desperation by Z for they know they are under threat to become UK 3rd soon?
Yawn…
Quality debating skills on display there, 1TB.
Your late night/monthly ‘How-To-Slag-Off-The-Competition Meeting’ catching up on you?
Fair play to Zoopla for fighting back.
From the beginning what OTM did was unfair to competition. If they thought they could do better than the top two portals, why create the “1 other portal” rule? Why hike their prices? Why threaten court action to their own agents?
It’s about time the industry embraced a bit of healthy competition, implemented in a friendly way.
If an competitor agency acted in the same manner I know I’d have something to say about it like Zoopla have done!
Can I take it from the above and other comment I have read that you are not a ‘traditional’ High-Street Estate Agent?
Of course, this is your main bone of contention is it not PeeBee?
Not in the least.
Just establishing the agenda behind the comment.
Welcome to EYE’s comments section, by the way.
Care to outline your agenda?
Well said MissCharlotteP13
If an agent made false claims about another agent to disrupt/mislead, the inflicted agent could be in breach of BPS’s
http://pstatic.powys.gov.uk/fileadmin/Docs/Estate_Agency/NTSEAT_guidance_on_property_sales_-_Sept_2015_en.pdf
1.10 It is important that you read and understand the guidance to help you to comply with the law and treat consumers, business customers and competitors properly.
2.3 If you treat your consumers, business customers and competitors fairly, then you are unlikely to breach the regulations. However, if you treat them unfairly, you may face criminal and/or civil enforcement action.
2.9 To satisfy your obligations under the CPRs and BPRs, you need to treat consumers, business customers and competitors fairly.
3.7 (b) injures or is likely to injure a competitor
4.25 It is a breach of the BPRs to make representations, advertise or market to other businesses in a way that misleads (or is likely to mislead) them, if this is likely to affect their economic behaviour or injures or is likely to injure a competitor (regulation 3).
. …………… and around 10-11 other examples that I won’t bother listing
It happens on the hour: every hour – in every town, city and suburb in the land… and you know it.
Your real point being?
Ummm Peebee 🙂
Why do you always have to examine things so deeply? ….and – Yes it goes on.
My comment was part agreeing with MissCharlotteP13 who said:
If a competitor agency acted in the same manner I know I’d have something to say about it like Zoopla have done!
As such – if a competitor agent had fibbed in statements to downgrade a competitor, then there are BPRs in place to address various issues, IF agents know where to find BPR’s and what’s in them. Some will. Others won’t
Why do you always have to examine things so deeply?
Because only complete eejits leave their agenda on the surface.
….and – Yes it goes on.
So – why aren’t you bellyaching about “it” in the same way you are about the subject of the article?
Suggest you need to at least try to bury the agenda…
OnTheMarket launched an attack in their email. Zoopla defended themselves.
Unless you stand up to attacks, the people behind them will continue to make them.
If the claims could be supported, OTM would not have had a problem in continuing their use.
Of course the real reason behind all of this is Zoopla protecting their own business interests.
Commercial battles are what competition is about, but you need to tread a fine line between bullish confidence in your product and misrepresenting.
OTM will know this only too well because the current group action is based on other alleged claims made by OTM which the estate agents say were not true.
Over the years I’ve heard and seen all sorts of things attacking me and the products I was selling, never once was there any need to involve ASA or any other authority, I simply took on board the weakness in the product, got it fixed and moved on with a stronger more dominant product. It was probably wrong of me but I never once thanked the competition for their analysis and assistance.
The litmus test of this story is who supplied it; was it Zoopla in which case they have ended up ridiculing themselves as properly desperate? Was it OTM in which case they just rubbed Zoopla’s nose in it and used it to further weaken the relationship between Zoopla/OTM agents or was it direct from ASA, in which case it will have the same affect?
Competition is a game that will only be won by being better than the rest. Zoopla bashing OTM, OTM bashing Zoopla isn’t helping agents it is simply stag rutting.
Zoopla bashing OTM, OTM bashing Zoopla isn’t helping agents it is simply stag rutting.
Well said, Robert.
Although I have to say that the oft-used ‘w!lly-waving’ analogy (credit: Jonnie) gives it a certain… something! ;o)
Stag rutting is serious stuff; someone, it not both, will get hurt. This is more than willy waving, this direct challenge to mutual customers isn’t something likely to go down well. That’s the point I was trying to get across to Digital Expert last week. I guess agents have an understanding of conflict of interest that other marketing trades simply ignore.
I would say that there has been a whole world of hurt dished out already, Robert – to the industry in general.
‘…but you need to tread a fine line between bullish confidence in your product and misrepresenting.’
And to think I spent a considerable amount of time coaching you on that small but highly significant factoid completely FoC, Mr Ackroyd!
Nice to see it was apparently time well spent! ;o)
In sales I was always told not to rubbish the competition bu to extoll the virtues of your business instead.
Seems this is a lesson thus far to be learned.
Well said… just like the politicians do, oh, err… perhaps not.
The game is well and truly up when you have to go crying to the teacher about an email.
I’m sat here trying to comprehend the genius thought process that didn’t consider how an at best pathetic complaint to ASA would be interpreted.
Looking a bit sheepish will informally resolve most complaints to ASA so I can’t think how this would have ever helped the relationship with agents Zoopla have already lost to OTM but worse still for Zoopla how a direct attack would be received by agents mutual to Zoopla and OTM.
If this an open declaration of war on OTM and the more fervent OTM supporters will have no trouble convincing agents it is then it is short sighted, if it was naive enthusiasm; we’ve got grounds to complain, let’s complain, then someone really ought to question the thinking of people making such poor judgement calls.
Maybe Z and OTM could sort it out over a game of marbles Robert
Im sure teacher might approve 🙂
I reminded of Violet Bott stamping her foot and sqweeming (till she was sick) coz William had been mean
So that is an open door to your competitors (assuming an agent), to make false statements about your business and there own then – excellent!
“declaration of war”… your getting a little excited Robert. It’s a simple complaint, no doubt you have experienced many incoming, so expect would understand the difference.
Late night, 1TB?
Or have you been stuck in your own version of a monthly How-To-Slag-Off-The-Competition Meeting?
Either way – your shares have suffered…
I’m not getting excited but the anti Zoopla AM agents will be pointing out to their chums in London, where a lot of the AM agents have retained Zoopla in preference to Rightmove, that here’s another example of bad blood between the two factions.
Being a good competitor requires more than self belief and arrogance. Strategically whoever is behind the deliberate conflict with OTM has not thought through the outcome or consequences of this battle.