A new complaint could be on its way as advice was issued yesterday for estate agents to ensure that their marketing complies with the Committee of Advertising Practice Code.

The ‘home truths for estate agents’ practice note is on the Advertising Standards Authority website.

None of it is new, but it does round up three key points from recent ASA rulings, including one that told Purplebricks to make it clear that its fee is payable whether the property sells or not. Purplebricks now makes it plain that the fee is payable “when you instruct us”.

But yesterday, there looks to be what could be the start of a new challenge:

The ASA advice published yesterday makes these points:

First, agents are urged to be clear about what their fees cover, and make clear any limitations and qualifications.

For example, in one case the ASA upheld complaints about an advert claiming to sell a property for a flat fee, but which did not make it clear consumers would have to pay an additional fee to use their own conveyancer.

Another complaint was upheld against an agent who quoted 0.5% commission without making it clear that the fee did not include accompanied viewings.

The ASA also upheld a complaint about a Purplebricks advert because it did not make it sufficiently clear that an upfront fixed fee was payable regardless of whether the property sold or not.

Agents should always advertise their fees inclusive of VAT.

Second, agents should not exaggerate the features of a property.

Third, agents can use the term ‘local’ – as in ‘Local Property Experts’ – when agents can be proved to have local knowledge of the area they cover.

The term ‘local’ does not relate to the physical location of that agent.

Agents should also be careful not to imply they have physical branches in locations if that is not so.

The full note is here:

https://www.asa.org.uk/news/home-truths-for-estate-agents-ensure-your-marketing-complies-with-the-cap-code.html