Can I advertise this property as new to the market?

Friday 01 July 2016

Our Primary Authority scheme continues to mature as a member benefit with the bank of issues covered by Assured Advice - in response to topics requested by members - growing regularly.

Advice provided by Warwickshire County Council Trading Standards Service comes with an assurance that it will be respected by all local regulators, preventing inconsistent interpretation of regulations.

Advice has been issued in response to requests for guidance on time limits for how long a property may be described as ‘new’ or a ‘new instruction' and does this include ‘revised instructions’?

The advice has taken Consumer Protection Regulations into account along with advice originally drafted under the Property Misdescriptions Act and National Trading Standards Guidance on Property Sales – Compliance with the Consumer Protection from Unfair Trading Regulations 2008 and Business Protection from Misleading Marketing Regulations 2008.

Advice issued:

‘New instructions’ should be interpreted as meaning new instructions to that estate agent. If existing instructions are amended, they are not ‘new’; they are ‘amended’ or ‘revised’ instructions.

The terms ‘new’ and ‘new on the market’ would appear to be synonymous, and should only be used when the property concerned is in fact new to the market, and not when it is just new to that estate agent or subject to a new or revised instruction.

The guidance goes on to cover the length of time for which the description new instruction is valid and other circumstances that should be taken into consideration.

See full details of Assured Advice on this topic and the full list of currently available advice here.

See full details of the scheme and ensure that you are registered for the benefits here.