The offending advert, which appeared on a property search
website, stated that "Barkers is Shenley's Estate Agent ... The
first and leading agent – with a singular focus on Shenley village
and its surrounding area."
Local rival Shenley Estates complained to the Advertising
Standards Authority (ASA), challenging whether Barkers Estate
Agents could substantiate the claim that it was the "leading"
estate agent in the Hertfordshire village.
Barkers defended its ad, arguing to the ASA that the firm had
been in the area far longer than Shenley and had more
experience. But the ASA considered that readers were likely to
infer from the ad that Barkers sold more properties in the Shenley
area than any other estate agent.
The ASA stated: "[B]ecause we had not seen evidence to show that
Barkers had sold more properties than any other estate agent in the
Shenley area over a recent and reasonable period of time during
which there had been competition in the area, we considered that
the claim 'leading agent' was misleading."
The ASA ruled that Barkers' ad breached CAP Code rules on
substantiation, truthfulness and comparisons. The firm was ordered
not to repeat the claim without evidence to substantiate it.
The CAP Code is the advertisers' rule book in the UK. Although
lacking the force of legislation, the Code is policed by the ASA
and there are penalties available for non-compliance.
