An estate agent that sent out a a touting flyer that it believed was fully within TPO guidelines has been told it breaches the standards of the advertising watchdog and ordered to withdraw it.
William H Brown used a direct mailing with the branch manager’s name and contact details on it, and a message in a handwritten font saying, “Please call me about the marketing of your property”.
Below, text in printed font warned: “If you have instructed another agent the terms and conditions of those instructions must be considered to avoid a possible liability to pay two commissions in addition to any withdrawal fees of disbursements.”
The Advertising Standards Authority received a complaint raising two issues – first, that it did not look like a marketing communication, and secondly, it caused unjustifiable distress.
The ASA has upheld both complaints.
William H Brown, part of Connells, said that it believed the message “Please call me about the marketing of your property” met the need for such communications to state their true purpose, as set down in guidance issued by The Property Ombudsman.
It said the material was obviously marketing material, and that it also included a warning about possible liability to pay two commissions. William H Brown did not believe that the wording could cause any distress to recipient.
However, the ASA rejected the arguments.
It said that because the “Please call” me message appeared to be handwritten, recipients would think it was private correspondence from William H Brown relating to the sale of their property, and not marketing material.
The ASA said it was not clearly identifiable as marketing material, although it said it understood that such mailshots were typically sent to addresses where it was known that the owner was looking to sell.
The ASA also ruled that the literature was likely to cause “unjustifiable distress” to recipient, by implying that William H Brown had information relating to the sale of their property.
.png)
%20(002).png)
Comments
Yeah we get it pal, you tout therefore you are…
You think it’s cool to wear it as some badge of honor but there’s no honor in touting. I get that you don’t see the implications, the bigger picture; most functioning illiterates don’t so listen up, snide practices like this are the reason why agency is so mistrusted, snide agents like you...
Michael Saville is appalled.
Pick a card says "touting shames us all".
Michael finds it despicable.
Agencyinsider (who I guess works on the fruit and veg in Morrisons) loathes it and thinks it's immoral.
Ray Evans is worried it could distress the elderly?????
What a bunch of old women. Go home and write the local paper about your neighbours hedge being to high or to the BBC because someone said "fart" on TV before 9pm.
The reason you're all so disgusted isn't that touting, canvassing or cold calling is being done.....it's because you don't have the "get up and go" to do it yourself and your competitors are winning business off you day in, day out while you sit there reading this months Negotiator and waiting for the phone to ring!
Welcome to the world of sales and business generation gentlemen. Wake up and smell the coffee. Either that or take 1/2 hour out of your day to write to Rowntrees and complain that you think their pastils could be a choking hazard
Ahh Rich, out of the mouths of babes...
Who complained? Has to be an agent me thinks..............no member of the public would be bothered or that thick?
It's called Marketing, of which targeting the low hanging fruit is probably the most effective form!
Come on Rich quit telling us it's raining. Like you said, vendors aren' stupid and they can figure out swapping agents on their own so 'encouraging' them is selling to them. You can spray musk all over this but you're still touting.
ASA = tossers
It all comes down to the actual content. If your approach is respectful, informed and courteous, and clearly states its intention then it will be well-received. But it must have meaning. Brand awareness alone is pointless and annoying. You must earn the right to the business before you actually ask for it. I write prospecting letters for estate agents and send out many thousands every month on their behalf with not one complaint. Like any form of communication, it all comes down to the quality of what is written combined with a recognition that people are not stupid, they don't want to be "sold to" and they appreciate transparency, integrity, expertise and passion. And if they are not happy with their current agent surely they should be encouraged to switch.
Have a great weekend. Richard Rawlings.
Dirty, scummy agents!
its no wonder the public think badly of all estate agents with the "big boys" leading by such a bad example. If you work for sequence or countrywide and think that the way you are expected to hit your ever increasing targets on mortgages, conveyancing, wills, overseas property, removals etc is wrong for your clients then the chances are you are to good for them and you should seek alternative employment or better still go out on your own.
No point in discussion with someone who answers their own question but the fact that it's seen as a 'justifiable' means to win business says it all...
"Please call me about the marketing of your property" is not qualified by stating the reason and could quite easily confuse and/or cause distress, especially for the elderly. Also the writer does not know the reason for the property being on the market - it could be for very distressing reasons in itself.
Unless, as a minimum, the reason for the communication is given it is just not right - it is wrong!
Touting isn't immoral - grow up and get real.
If you drive a BMW and Mercedes were to write to you promoting their product - unsolicited or otherwise you'd probably be pleased to consider it as a possible alternative when the time came for a change - whats the difference - there is none.
Customers have a choice and thats as it should be - those anti touters are probably anti because their's are the clients who are most likely to go elsewhere.
If you look after clients well and do a good job you've nothing to worry about and if you dont your deserve to lose the business to your competition.
Touting may be immoral but it is not illegal. Personally I loathe it. In days of yore when agents commonly shared instructions 'on half comm' an agent in a town who touted another's instruction would get a phone call - in which they were told that if it happened again they would not be getting any more 'half comms'. Since they couldn't function without them it always had the desired effect and the status quo would be restored until the next chancer arrived in tow. Happy days.
In this case WHB went to all reasonable lengths in their detestable practice and the ASA ruling is of itself bizarre.
I don't know what WHB's pitching for but if it's sympathy I'll have a seat right next to Reaistic, michael & Michael Saville.
Realistic's on the money, it's in our DNA. Sure we can say 'I'm affiliated and CMP'd' but behind the Colgate smile we steal from our colleagues. Ethics, give me a break.
We bitch about anyone who questions our morals but the truth is like WHB we can't be trusted. Dress it up however you like but touting shames us all.
Another reason to not waste your time with the TPO.
I always smile when I read one of these articles and the follow up comments. It would appear that nobody in the industry does any touting at all, except in reality more than 50% of agents do this. I would love to think we are in a lovely, warm, cosy gentlemans club, but in reality, it is is not! Please feel free to think that you are the best agent in the world, in which case you will never need to tout for business, or perhaps if you are so good, would you not be doing a service to those vendors to give them the benefit of your skills!
I feel this form of touting is despicable, though widely done. I am fed up to the back teeth with getting calls from companies trying to get teh full address of homes I am marketing, so they can sell the info to other agents. Time we all grew up & put our money & effort into winning business fair & square rather than touting to grab each other's properties.
Could we all please grow up, we are no longer schoolkids.
I have a collection of business cards, compliment slips, etc. from WHB picked up at our properties and given to me by our landlords & vendors who are appalled at their approach. Why do they think it actually works when in fact it works very much against them. I'm glad they've finally been caught!
sequence/connells have been doing this for years! nothing new here. shocking sharp practice
'Unjustifiable distress to the recipient'?
More like 'Unjustifiable nonsense on the part of the ASA'.
The ASA seems to credit the public as having no common sense.
Bet it was not a member of the public that "complained".