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OnTheMarket reported to be threatening agency with legal action

OnTheMarket is reported to be threatening an estate agency with legal action.

Earlier this week Estate Agent Today reported that Henry Adams, a 15-branch agency operating in Sussex, Hampshire and Surrey, had rejoined ZPG’s two portals, Zoopla and PrimeLocation.

At the time Henry Adams’ chief executive, Philip Jordan, said: “We’re very pleased to be back with ZPG. It is clear to us that ZPG offers a compelling proposition for anyone who is serious about selling."

However, yesterday OTM issued a terse statement saying: "We noted media coverage on 15 November 2017 that Henry Adams had signed an agreement with Zoopla to list all of its properties on its websites. As at 16 November 2017, Henry Adams is not listing its properties on any of the ZPG websites. The firm continues to list its properties at OnTheMarket in accordance with its current listing agreement and remains a valued member."

The OTM spokeswoman additionally told the media: “There will be no further comment on this from us.” 

Afterwards, ZPG issued a statement saying: “Henry Adams voluntarily re-joined ZPG but has subsequently been threatened with legal action by OnTheMarket for doing so. It is an unfortunate state of affairs for OTM that the only way they can retain their customers is by threatening to sue them and preventing them from maximising their opportunities.”

OnTheMarket has in the past taken legal action against the Gascoigne Halman agency.

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    Why shouldn't OTM take issue if there is case of breach of contract. And Zoopla- its 15 branches -hardly a game changer !

    Anyone know the latest on the GH case ?

  • Peter Wright

    There are so many similarities to the old PrimeLocation it makes me weep with despair. OTM is meant to be the agents friend. I realise that when you sign a contract you have to abide by it but contracts work both ways. All new contracts ( and the original ones too) should be drafted to include a performance device to hold OTM to account if they are not performing to a set standard. It’s obvious that it was a good idea but if it’s not working in an area as well as a competitor then it is a restrictive practice and the agent concerned should be able to force OTM to up its game or be fired.

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    A contract is a contract.

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    and by the same argument, stupidity is stupidity

     
  • Kristjan Byfield

    OTM have made very clear they will be dropping their OOP rule so why militantly go after agents in this regard? If they think this will win over agents like me who haven't gone with OTM yet they are sorely mistaken- I don't want to worry about whether a supplier I pay for a service is plotting a way to come after me. It's easy to say 'a contract is a contract' but these public spats just look unprofessional to me- go to the agent, talk discreetly, find a solution then (maybe) publicise the outcome.

  • Peter Wright

    They fear the float might never happen.

  • Peter Wright

    A contract is a contract but an unfair contract is also an unfair contract. OTM are not living up to their promises.

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    We notified OTM 4 weeks ago that a local agent in CARDIGAN, WEST WALES was advertising their properties on OTM, ZOOPLA and R/M contrary to the one only portal rule........NOTHING appears to have been done and as of todays date they're still doing it....... and this is after OTM spent a fortune enforcing the "one only portal" rule in the courts with the GH case......it appears that either agents are just ignoring the rule or OTM are just turning a "blind eye" to it........strange situation !

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    Do you feel OTM has been worth it for you?

     
  • Peter Wright

    I woukd have thought it would weaken their case.

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