The Advertising Standards Authority (ASA) has ordered a Scottish estate agency to amend its comparative advertising after ruling that claims made against named competitors breached advertising standards.
RE/MAX Property Specialists, operated by Billie Dunlop, had distributed leaflets and social media posts comparing its services with three rival firms. The marketing claimed the agency offered features that competitors did not provide, including personalised social media campaigns, same-day viewing feedback and “skilled negotiations by an agent who knows your home”.
Misleading claims identified
The ASA found that several claims were misleading because competitors also offered similar services or because the statements had not been adequately substantiated. The regulator concluded that claims relating to personalised social media marketing, personalised sale boards and guaranteed same-day feedback could mislead consumers.
The watchdog also ruled that some statements were subjective rather than objective comparisons and therefore failed to meet advertising requirements.
Verification concerns
A second complaint was upheld after the ASA determined that the comparison was not verifiable. Although the marketing stated it was based on research into competitors’ standard packages, it did not explain how the comparison had been conducted or provide sufficient information for consumers to verify the claims independently.
The ruling comes as estate agents increasingly adopt digital marketing tools to differentiate their services in a competitive market.
The ASA has instructed the agency to ensure future comparisons with named competitors are objective, substantiated and verifiable. The advertisements must not appear again in their original form.
Industry implications
The ruling underscores the regulatory challenges facing agents who use comparative marketing strategies. While comparisons with competitors are permitted under advertising rules, firms must demonstrate that claims are accurate, evidence-based and capable of independent verification by consumers.
The decision highlights the importance of compliance with advertising standards across the property sector, where regulatory scrutiny continues to increase in multiple areas of operation.
