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Spicerhaart wins challenge to get rival firm’s ad banned

by: Emma Lunn
  • 22/10/2014
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Spicerhaart wins challenge to get rival firm’s ad banned
Spicerhaart estate agency's claim that a rival Essex-based firm used a misleading advert has been upheld by the Advertising Standards Agency (ASA).

Essex Countryside has been ordered not to use an advert which claimed it offered both the cheapest way to sell a home and also a guarantee that the best possible price would be achieved.

The regional press advert stated: “£99 Introducing the cheapest way to sell your home. It sounds too good to be true, but it isn’t! From 17th July 2014, we are introducing a brand new way to buy and sell property.

“It guarantees you will receive the highest offer possible and cost you no more than £99. This fixed price includes your EPC, property details and floor plan […] It is set to be the biggest innovation in buying and selling property in Essex in decades.”

Spicerhaart challenged whether the claims were misleading and could be substantiated.

Essex Countryside stated that when the ad went to press, it believed no other agent in the area was offering a cheaper way to sell a vendor’s property. It claimed to be the only agent within the local area who offered ‘Sale by Tender’ (SBT).

SBT typically charges the vendor a low fee and then a higher fee to the eventual buyer. Essex Countryside charged vendors £99, including VAT, for an Energy Performance Certificate, floor plans and advertising.

It said the SBT was a four-week tender process, whereby all bids were collected by a specific date. The highest bid therefore guaranteed the highest price possible for the vendor.

The complaint was upheld by the Advertising Standards Authority (ASA) with the regulator stating that the ad must not appear again in its current form.

The ASA acknowledged that although Essex Countryside believed it was the cheapest agent in the area when the ad went to press, it didn’t provide any documentary evidence to substantiate the claim.

The ASA also considered that the claim “It guarantees you will receive the highest offer possible” suggested that there was no way that vendors could obtain a higher offer than through the use of the advertiser’s service. Again there was no documentary evidence supporting this and the ASA concluded the claims were misleading.

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