This article explores what portal juggling involves, how it affects buyers and sellers, and the regulatory measures in place to address it.
Also, read our detailed article about selling your house.
Breaking down the term 'portal juggling'
Portal juggling, a term often heard in the estate agency realm, refers to certain practices estate agents employ on major property portals.
This technique involves the deliberate removal and subsequent re-listing of the same property.
The intent is to make a property appear newly listed, falsely inflating sales statistics.
Such actions can mislead unsuspecting customers, affecting their perception of the market.
Why do estate agents engage in this practice?
An estate agent involved in portal juggling often aims to lure unsuspecting customers or advertises non-existent deals. This practice, while not widely known, raises concerns about fairness and transparency in property marketing.
The properties, often already on the market, are presented under the guise of a new listing. This tactic can create a misleading impression of a fast-moving market or an estate agency's performance.
It's a form of unfair and misleading practice that can distort the true state of the property market. Portal juggling takes various forms, but at its core, it involves misleading statements about the status of a property. The impact of this practice extends beyond individual transactions, affecting the integrity of the estate agency industry.
We also have an article about selling your house without an estate agent.
Identifying portal juggling
Detecting portal juggling requires vigilance. You might notice the same property reappearing frequently on online portals. Signs include minor alterations in property descriptions or photos while the core details remain the same.
Being aware of these tactics can help you discern genuine new listings from those simply misleading through re-listing.
Read in detail about how to sell your house online.
How do the Property Ombudsman and local authorities manage portal juggling
Local trading standards authorities and the Property Ombudsman are increasingly vigilant about such practices. They work closely with estate agency bodies to safeguard buyers and maintain a fair and professional manner in the industry.
Misleading practices like portal juggling not only harm the reputation of the profession but also contravene consumer protection laws. Estate agents found to be engaging in these practices can face enforcement action from national trading standards and other regulatory bodies.
Awareness of portal juggling is important for anyone involved in property buying, whether as agents, buyers, or industry observers.
How estate agents use portal juggling
Re-listing properties
Estate agents often use portal juggling by re-listing properties. This tactic involves removing a property from a major online portal and then re-adding it shortly afterwards. The aim is to create the illusion that the property is new to the market.
It may also influence the asking price, as properties appearing fresh might suggest high demand or a lower price than initially listed.
Manipulating presentation of properties on portals
Another method entails manipulating internet portals. Agents might alter property details to make them appear new.
This could involve changing photos or descriptions, despite no significant changes to the property. This manipulation misleads those using property portals, skewing their perception of the market.
Portal juggling's impact on the estate agency industry
Harming honest estate agents: unfair competitive advantage
Portal juggling unfairly tilts the playing field in real estate and harms honest estate agents. Dishonest estate agents, through this practice, gain an unjust edge. They misrepresent property freshness, misleading buyers.
Estate agents involved in this create a skewed market perception, where certain properties seem more desirable due to their seemingly recent listing status.
Consequently, honest agents, adhering to ethical standards, find themselves at a disadvantage. They struggle to compete with these artificially inflated listings, impacting their business and client trust.
This disparity raises concerns about the overall integrity of the estate agency industry. Agents who engage in portal juggling not only damage their reputation but also tarnish the image of the profession.
This situation leads to a loss of public trust, making it challenging for principled agents to operate effectively.
Effects on interested buyers
Misleads prospective homebuyers
Portal juggling manipulates homebuyers' perceptions. By re-listing properties, agents create a false sense of urgency. Buyers, under the impression that these properties are new to the market, may rush into decisions without adequate consideration.
This haste can lead to overlooking important property aspects or paying over the odds, assuming a high demand.
The practice also distorts market reality. It becomes difficult for buyers to gauge the true state of the property market. Properties that linger on the market due to issues like pricing or condition appear as fresh listings.
This misinformation can lead to poor decision-making, impacting the financial and emotional well-being of buyers.
You may benefit from reading about reasons why your house might not be selling.
False impressions of market dynamics
The misrepresentation of market dynamics is another consequence of portal juggling. False impressions can skew buyer expectations, leading to a disconnect between perceived and actual market conditions.
For example, a buyer might perceive a high turnover of properties in a particular area, influencing their decision to buy quickly or at a higher price.
However, if this turnover is largely due to portal juggling, the buyer's decision is based on misleading information. This discrepancy can lead to financial implications and dissatisfaction with their purchase.
Legal implications and regulations
Consumer protection laws
In the realm of UK real estate, consumer protection laws stand as a bulwark against misleading practices, such as portal juggling. These laws, enshrined in legislation like the Fraud Act, aim to uphold the integrity of property transactions.
They prohibit false representations in advertising and ensure estate agents provide accurate information about properties. When an agent engages in portal juggling, they not only mislead buyers but also contravene these established legal standards.
If an estate agent has re-listed a property and described it as ‘new on the market’ (or implied as such), or used re-listings to falsely inflate sales statistics, this would be considered an offence under the Consumer Protection from Unfair Trading Regulations 2008.
The property redress scheme is important in this context. It offers a formal mechanism for grievances against estate agents.
If a homebuyer suspects an agent of portal juggling, they can seek recourse through the Property Ombudsman. This board reviews complaints, providing an avenue for redress and maintaining a fair playing field in property dealings.
The individual employees involved in such practices are not immune to scrutiny. Trading regulations stipulate personal accountability, ensuring that agents cannot hide behind corporate veils.
The legal framework in the UK is comprehensive, covering both the estate agencies and their individual employees, emphasising the seriousness with which these matters are treated.
National Trading Standards and enforcement
At the forefront of regulation enforcement in the UK's real estate sector is the Trading Standards Estate Agency Team.
This authoritative body diligently monitors estate agents’ adherence to legal and ethical norms. Central to their mandate is the prevention and penalisation of portal juggling activities.
They possess the necessary legal clout to initiate enforcement action against deceptive agents. This team's responsibilities extend beyond mere punitive measures. They are instrumental in issuing guidelines and best practice standards for property listings.
By doing so, they delineate clear operational boundaries for estate agents, defining what constitutes acceptable practices on property portals.
The team's guidance serves to educate agents, fostering a culture of compliance and ethical behaviour within the industry.
Actions against misleading practices
When estate agents are found culpable of portal juggling, they may face a cascade of consequences.
These range from official warnings to financial penalties. In extreme cases, criminal charges may be brought, especially under the Fraud Act, reflecting the severity of such deceitful practices.
The National Trading Standards, in concert with the Property Ombudsman board, plays a central role in this enforcement landscape. They not only investigate and adjudicate complaints from aggrieved parties but also implement corrective measures.
This might involve mandating changes in how agents operate or, in severe instances, imposing prohibition orders, effectively barring agents from practicing.
These enforcement actions serve a dual purpose. Primarily, they penalise wrongdoing, but they also function as a deterrent and an educational tool.
By publicising instances of malpractice and their consequences, industry bodies aim to elevate the overall standard of practice in the estate agency sector. This not only protects consumers but also benefits ethical agents, cultivating a more transparent and trustworthy property market.
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