EXCLUSIVE: Big portals say ‘no’ to material information ‘enforcement’
All three portals tell The Neg they want to take a more supportive role and will not 'punish' agents for non-compliance – including Rightmove which has previously said it would remove agents who didn't.
The big property portals have each said they are taking a more lenient approach to agents who have yet to fully comply with Trading Standards’ guidance on material information within listings, distancing themselves from a more ‘enforcement’ role.
Although Rightmove has been warning agents for some time that “non-compliance will be a breach of the Rightmove T&Cs, which, for repeated breaches, could result in a membership being terminated”, the portal has told The Neg it is nevertheless taking a more supportive approach given the mountain many agents must now climb in order to comply.
This is despite the fields having been mandatory as per the guidance from the National Trading Standard Estate and Letting Agency Team (NTSELAT) for some time now.
A Rightmove spokesperson says: “The vast majority of listings do now include information from Material Information Part A, where the guidance has been out a lot longer than Parts B & C.
“We are encouraging agents to include as much information from the new fields as possible, but we also understand that collecting information for the additional fields is new, and some of this information is difficult to find.
“Agents also face the challenge that the many and varied software systems that they use also need to make the required changes to include the new fields and many haven’t yet.”
Rightmove also reports that the uptake of the new fields is gradually increasing, and that agent partners are keen to provide as much helpful information to home-hunters.
“Right now, we’re focused on helping agents during this period of transition,” it says.
The Neg has also approached Zoopla and OnTheMarket to find out if they were intending to take a ‘policing’ role in enforcing the NTSELAT material information rules.
Zoopla
“Zoopla’s focus is, and remains, supporting and enabling agents to comply with the material information requirements,” a spokesperson says.
“This is a major change in the flow of data and information across the industry requiring high levels of investment. We want to see everyone work together to agree on a high level of compliance across the most important fields for consumers.
“There has been great industry progress on Part A coverage, but it has taken two years for [estate agents] to adapt and make the scale of change and new investment needed to pass this information through to listings.
“Progress on parts B&C is starting to improve as the specifications and changes were rolled out earlier this year on our platforms.
“As with Part A, it will take time for compliance to increase as this is a second round of change and investment needed by agents and their partners to comply following Part A.
“The changes were never going to materialise on day one, but they are working through [the system] and consumers are hopefully benefitting from access to more information which will continue to improve.
“In light of how these changes are going, the focus should remain on encouraging the industry to make the changes and investment needed to comply and there is much more work to do.”
OnTheMarket
OnTheMarket says: “We will continue to ensure that agents are able to specify the full set of material information defined by the NTSELAT and have this displayed on their listings at OnTheMarket, however, we will not be taking action to enforce use of these fields ourselves as we do not view it as our position to do so.
“Of course, we will aid the NTSELAT in any investigation around this, should they require our help. We will be following the NTSELAT closely for any updates to this guidance and will implement changes accordingly.”
As soon as it became apparent that Rightmove’s response to Parts B and C of the material information requirements was a woefully inadequate 13 data fields to accommodate over 196 data points, I pointed out the inevitable outcome: neither the portals nor the 700 data feed suppliers to these portals would coordinate the necessary changes effectively. This lack of coordination leaves agents unable to comply with legislation that has technically been in force since 2013.
Let’s be clear—this isn’t about the portals being lenient. They don’t have the authority to be lenient. What we’re witnessing is an excuse, a cover for the reality that their outdated legacy technology cannot cope with the legislative changes in a way that meets the requirements. The fact that these portals are framing their inadequacies as ‘support’ for agents is nothing more than an attempt to shift the blame away from their own failings.
Until there are some landmark court cases, probably with the larger agents in the firing line as they list by volume more inventory than a single branch, the implications of what happened on the 30th of November 2023 will not rattle through the property industry. In 2024 there is zero excuse with so much property data available, and partner solution providers willing to provide this to all stakeholders, for every agency not to be compliant. The big win of course is for buyers and tenants who will have more upfront information which will speed decision making, and flag problems upstream.
Andrew, I understand your point about needing a landmark case to make agents sit up and take notice. The case I’ve been asked to provide expert opinion on could very well be that precedent. It involves an agent’s failure to disclose a property’s Grade II listing, which the buyer only discovered due to an inflated double glazing quote after completion. To make matters worse, the buyer’s conveyancer also missed the listing because Historic England isn’t using UPRN, highlighting multiple failings of laws meant to protect consumers.
This case is in the early stages of litigation and could be exactly what’s needed to push the industry towards full compliance. I wouldn’t be surprised if NTSELAT takes an interest, as this might be the catalyst required to enforce the laws they’re policing.
The internet seems to be the biggest material information issue for me. I would guess that 90% of owners have no idea what type of internet they have. The usual answer when asked is “It’s with BT” which doesn’t help. If the owner doesn’t know, how are we meant to know? You would think that these days there would be a simple portal site to check – call me cynical (or realistic) but no doubt someone somewhere will overcomplicate even that and make it unworkable.
Good news – there is, and has been for a few years! A very simple test that an agent can run with the vendor in seconds determines available broadband speed available at the property. Simply go to a device, e.g. either desktop or mobile connected by Wifi to the broadband at the property e.g. if you’re the agent running the test, you’ll need to get onto the vendor’s wifi to run it via your own mobile – type ‘check download speed’ into Google and the first result you’ll see is a Measurement Lab test. Simply click the blue button and you’ll receive an upload and download speed available at the property. It’s a free test and you don’t need to share any information to receive the results.
I share this little gem with every agent I chat to, and I’m still amazed at how many aren’t aware this is available. Hopefully, that helps!
But you are aware that it isn’t just broadband SPEED that’s needed aren’t you; it’s the “broadband TYPE” – and that’s what owners don’t know and we can’t find out. A simple google search for “Ookla speed test” will give us upload and download speeds, but we need more than that.
Instead of Case Progression work on Sale Preparation.
Explain the benefits of Material Information to a prospective seller and encourage them to visit a conveyancer to review Title before listing the property.
The current extended transaction timescales are a result of over reliance on technology at the expense of employing qualified and experienced conveyancers force fed work by laying referral fees. Firms that still rely on legal thinking can complete in 8 weeks or so.
Getting the property ready for purchase before listing will produce the speed of transaction that consumers crave.
Prepare for Purchase rather than List and Hope.