Spicerhaart has had its knuckles rapped yet again by the advertising industry watchdog.
The watchdog had earlier banned four ads by Spicerhaart in 2010 and three in 2009.
This time the complaint upheld by the Advertising Standards Authority was over a regional press ad for Darlows in Wales, saying: “We are proud to be the number one agent in Cardiff.”
The claim surprised Kelvin Francis, who believed that they were the number one agent in Cardiff, and who duly complained.
Spicerhaart, owners of Darlows, told the ASA that the Land Registry recorded a property as being sold on the date the sale was completed, whereas they recorded a property as being sold if unconditional contracts had been exchanged.
They submitted a document which they said demonstrated that a total of 4,656 Land Registry properties were sold within the territory of the Cardiff metropolitan area between July 1, 2010, and August 31, 2011.
Spicerhaart said their own records showed that they had exchanged 543 unconditional contracts and listed 1,406 properties within the territory.
They produced evidence relating to October 31, 2011, which was taken from a property website and showed that on that date they had 523 properties listed and 202 properties that were likely to sell.
Spicerhaart calculated a ‘listing to sales’ ratio of 38.62% which they then applied to current online listings from search engines to show that they had a 20.82% market share, while their nearest competitor had a 15.26% market share.
They submitted five screenshots of a sales agent competitor analysis which indicated the available properties for sale in five areas of Cardiff and said this showed that they had the highest number of properties listed than other agents in the area.
Spicerhaart told the ASA they believed they had demonstrated that they were the number one agent in Cardiff.
The ASA, however, said that most people would mean that the ‘number one agent in Cardiff’ claim would mean that Spicerhaart had sold more properties in the city than any other agent. It considered readers would generally understand a property as being sold when the sale was completed, and not before conditional contracts had been exchanged.
It said that the claim to be Cardiff’s number one agent had not been substantiated, was misleading and must not appear again.
Spicerhaart has been told not to use the claim ‘number one agent’ again unless it held relevant, comparative data to substantiate it.
Comments
At no point did Kelvin Francis ever claim to be 'No. 1 Agent in Cardiff' but it is patently obvious that Spicer Haart aren't. The ASA are not interested in spats between Agents, but only if claims would mislead the public. That is the basis of all the complaints upheld by the ASA and it would be a good thing if others kept an eye on claims or tactics used by Spicer Haart or any Agent and went to the trouble to report them. Snide remarks by MrAgent are possibly from a member of the offending organisation, who have been caught out, again!
Come on fellow Agents, lets clean up our Industry and try to recover some respect.
@ FRI
"..but no actual documentation appears to have been produced by anyone involved that would show this? "
- Yes that is the point, Darlows cannot actually prove that they are no. 1 agent..... the ASA were not happy with their methodology.
Why would Kelvin Francis need to demonstrate anything? They are not advertising being no.1 after all.
JP - "Kelvin Francis has never claimed to be No 1 agent."
...but they 'believed' themselves to be No. 1, and this was the substance of their complaint to the ASA, surely?
So Spicer produce reams of documents to support their claim, the ASA apparently requires no docs from Kelvin Francis....
"The ASA, however, said that most people would mean that the ‘number one agent in Cardiff’ claim would mean that Spicerhaart had sold more properties in the city than any other agent. "
..but no actual documentation appears to have been produced by anyone involved that would show this?
@FRI - Kelvin Francis has never claimed to be No 1 agent.
@MR AGENT - I presume by 'whining little bitches when it comes to adverts' you feel that these agents should be able to get away with false claims and they should be left to say what they wish without being challenged.
I complete agree with wardy, whats the point in the ASA if they have no authority to penalise.
This firm is everything that’s wrong with estate agency.
There is no place for this 'we are no1, we sold more, more sold boards than any other agent'. Its old fashioned, boring and mostly misleading. You will find these firms are the ones fly boarding, using 'call me urgently' compliment slips and spend more time touting than they do selling the stock they have.
The most serious punishment I have ever seen the ASA hand out is a warning not to use the advert again. Well the damage has already been done. The message is clear. Say what you want, lie all you like, get your leaflets out quickly but only do it the once (unless nobody complains in which case keep doing it until someone does)
This has to be one of the only industries that doing your job properly within the law can put you at a disadvantage.
It literally makes my blood boil.
Rant over
Putting aside whether the other agent is a moan or not, this is about Spicerhaart serial offedning.
What's a rap on the Knuckles??
Apparently nothing as the punishements are not severe enought to stop them re-offending.
Just like some of the bodies in our industry, the ASA are toothless, whats the point in their existence if they don't punish.
Should have used 'probably', it has worked for Carlsberg for years.
@FRI probably not kelvin francis seem to be whining little bitches when it comes to adverts
So did anyone have any documents which showed that Kelvin Francis sold more than Spicerhaart over any period ???
As I have said before and been both ridiculed and supported for, the only solution to (deliberate) serial offending for any 'offence' is a severe sanction.
No advertising in any form whatsoever for a month, or three months if you like. That would include everyone from Barclays to Tescos, estate agents to travel agents.
And if you want to be really serious a mothballed web presence as well.
Otherwise the ASA is totally useless and no point discussing this as an issue.