Property advert legal requirements

Tumtitums

Is there a legal requirement for the estate agent selling my property to get my approval of the advert for my property before they post it online . If so can someone tell me which law governs this . Basically i didnt approve the wording on the advert for my property and dont like it

martinthebandit

What did the estate agent say when you told them why you were an unhappy customer?

AdrianC

The advert is only there to get people through the door.

If it's not doing that, the EA can change the ad.
If the EA won't do that, change the EA.

Bossypants

The EA works for you. If you don't like the wording, tell them to change it. No need for legal advice.

eddddy

Tumtitums wrote: »

Is there a legal requirement for the estate agent selling my property to get my approval of the advert for my property before they post it online . If so can someone tell me which law governs this . Basically i didnt approve the wording on the advert for my property and dont like it

When you say 'advert', do you mean property details?

There's no legal requirement - but if they are a member of The Property Ombudsman Scheme, it may be a breach of their mandatory code of practice:

7j Prior to commencement of marketing, the written details of a property (sales particulars) must be agreed with the seller to confirm that the details are accurate. Sales particulars that have not been agreed by the seller must be marked as ‘draft’, ‘subject to approval’ or similar to ensure buyers are aware that the property details could be subject to change.

Link: https://www.tpos.co.uk/images/Codes_2019_a5/TPOE27-8_Code_of_Practice_for_Residential_Estate_Agents_A5_-_Effective_1_June_2019.pdf

But the best plan might be to just tell the EA what changes you want. (It may be better not to get into a fight with your EA and spoil your business relationship from day 1!)


And bear in mind that there is a lot of legislation that the EA must take account of when writing property details (e.g. Consumer Protection from Unfair Trading Regulations, Business Protection from Misleading Marketing Regulations), so they have to be very careful what they write.

So your version of the wording may not be allowed.

MissPony

Tumtitums wrote: »

Is there a legal requirement for the estate agent selling my property to get my approval of the advert for my property before they post it online . If so can someone tell me which law governs this . Basically i didnt approve the wording on the advert for my property and dont like it

No, there is no such specific legal requirement.
Please refer to the terms of the contract you agreed with the estate agent as that may cover the situation (but probably not)

Whilst it is often considered good practice for your agent to first secure your agreement of any details regarding the property before dissemination, sometimes they may not particularly if you are keen to sell quickly.

However, as mentioned above, the agent is employed by you and should be keen to address any concerns you have. If you contact the agent to express your discontent, I feel sure they will take any reasonable measure to rectify the situation.

If they don’t after giving them a fair chance, you can complain to one of the following schemes:

The Property Ombudsman
Property Redress Scheme

Ask the estate agent which scheme they belong to if you are not already informed

MissPony

AdrianC wrote: »

The advert is only there to get people through the door.

If it's not doing that, the EA can change the ad.
If the EA won't do that, change the EA.

Unfortunately, that is often much easier said than done.
When you instruct an estate agent, there is often an initial period of exclusivity agreed. That requirement is an ongoing commitment, even if you then cancel the services of that agent.

AdrianC

For putative buyers introduced by that EA, yes.

If the ad's that bad, then there won't be any.

bigisi

In what world does it make more sense to log on to a forum to ask about legal requirements than to pick up the phone and speak to the EA about what you're wanting? The mind boggles.

hazyjo

You often see 'draft details - awaiting vendor's approval'. If you spot something you don't like or is wrong, pick the phone up straight away or email asking them to change it with immediate effect.

Davesnave

Last time we sold, the agent sent the details through for approval, I re-wrote some of the blurb and that's what went live. I also supplied a photo to replace the agent's lead one, taken at a bad time of day. That's the sort of cooperation I'd expect.

However, bear in mind the warning above that anything you write shouldn't mislead or be something others might wish to contest. Too much waffle should also be avoided anyway IMO; it's far more important to have good photos, floor plans and know if the Street View is likely to help or hinder.

Is there something peculiar about what the agent's done in your case? Surely, you gave the ads for other customers of theirs a good looking-at before appointing them?