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Agent listing without consent

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Comments

  • eddddy
    eddddy Posts: 16,440 Forumite
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    Anyway, like i said the issue is one of misrepresentation so i will be contacting whoever the trading standard body is for the industry and report them.

    You wouldn't be complaining about misrepresentation (in the legal sense) - you haven't been induced into a contract, as a result of the Facebook post.

    I guess your complaint could be that it's misleading advertising. So your complaint would probably be to the Advertising Standards Authority (ASA).

    The ASA's remit includes social media.
    See: https://www.asa.org.uk/advice-online/remit-social-media.html

    (If you think it's worthwhile pursuing.)
  • googler
    googler Posts: 16,103 Forumite
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    edited 22 October 2018 at 10:14AM
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    e-mail the agent a link to this;

    https://www.tpos.co.uk/images/documents/rules-codes-obligations/residential-estate-agents/TPOE27-6_Code_of_Practice_for_Residential_Estate_Agents_A4_-_effective_from_1_Oct_2016.pdf

    ... and point out Section 7a

    7. Marketing and Advertising
    7a You must not put any property on the market for sale without
    permission from the seller,
    without obtaining adequate proof of identification of the seller in accordance with Money Laundering Regulations 2007 and
    without commissioning an EPC compiled in accordance with the relevant legislation.


    Even if the permission is in doubt as a misunderstanding between you, have you got an EPC? If not, they shouldn't be marketing it. Have you provided ID proof for the Money Laundering Regs? If not, they shouldn't be marketing it.
  • eddddy
    eddddy Posts: 16,440 Forumite
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    googler wrote: »
    e-mail the agent a link to this;

    https://www.tpos.co.uk/images/documents/rules-codes-obligations/residential-estate-agents/TPOE27-6_Code_of_Practice_for_Residential_Estate_Agents_A4_-_effective_from_1_Oct_2016.pdf

    ... and point out Section 7a

    7. Marketing and Advertising
    7a You must not put any property on the market for sale without
    permission from the seller,
    without obtaining adequate proof of identification of the seller in accordance with Money Laundering Regulations 2007 and
    without commissioning an EPC compiled in accordance with the relevant legislation.


    Even if the permission is in doubt as a misunderstanding between you, have you got an EPC? If not, they shouldn't be marketing it. Have you provided ID proof for the Money Laundering Regs? If not, they shouldn't be marketing it.

    I don't think the OP (or anyone else) is suggesting that the EA is marketing the property.

    The EA has simply put a post on Facebook saying that a property (with a vague description) is 'coming soon'.
    Tonight i saw that one of the agents had listed a 'coming soon' on their facebook page with a description matching ours.
  • lisyloo
    lisyloo Posts: 29,615 Forumite
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    I think you have to accept that this is the way it is and it's probably not going to affect your sale.


    I've been looking for jobs and rang agencies who've offered jobs in central London when they are not. Having spoken to them they said they were trying to "generate interest" which I define as lying.
    Anyway there was no point me complaining as a lot of them act in this way, so I just didn't deal with those people and got on with my life.
  • middleclassbutpoor
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    If the EA has put a post out on social media with the aim of inviting interest in a property coming to market then that would be a form of marketing.

    If they have not placed photos or address then they may have a defence that they haven't specifically marketed the OP's property but given that they have confirmed that it was their home, I can see why they OP is concerned.

    I would write to them setting out clear instructions that you do not wish to market your property with them and that you believe that they are in breach of the code of conduct referenced above.

    If the post is not deleted within 7 days, you will submit a complaint to TPOS.
  • googler
    googler Posts: 16,103 Forumite
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    eddddy wrote: »
    I don't think the OP (or anyone else) is suggesting that the EA is marketing the property.

    The EA has simply put a post on Facebook saying that a property (with a vague description) is 'coming soon'.

    In Scotland, the legislation has a definition of "on the market", as in

    "A house is on the market when the fact that it is or may become available for sale is, with a view to marketing the house, made public in Scotland by or on behalf of the seller."
  • Teamocil
    Teamocil Posts: 122 Forumite
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    Don't use them, tell all your friends and relentlessly slam them on social media.
  • PrettyKittyKat
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    It sounds very unprofessional! I think you are over thinking it though. As someone who has been looking at properties to buy one for several months I would never have linked a vague post with no pictures on a EA facebook page with a listing of a house I like on Rightmove.
  • C_Mababejive
    C_Mababejive Posts: 11,654 Forumite
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    EAs are crooks in smart cars,,,simples..
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • googler
    googler Posts: 16,103 Forumite
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    Teamocil wrote: »
    Don't use them, tell all your friends and relentlessly slam them on social media.

    Way to hold a grudge.
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