There’s a quiet shift happening in the background of estate agency – one that could carry real consequences for how property listings are put together and presented.
For years, the guidance from National Trading Standards helped shape what should be included in a listing. It wasn’t perfect, yet it gave agents a basic framework – especially around the much-discussed idea of “material information.” Now, with that guidance quietly withdrawn and the new Digital Markets, Competition and Consumers (DMCC) Act set to come into force, things have changed again.
This week on Property Quorum, we’re talking about what this means for agents, clients and the wider industry. In the chair is Gareth Wax – host, producer and director – alongside conveyancing collaborator Hamish McLay. They’ll be joined by our regulars Juliet Baboolal, partner at gunnercooke, and Chris Gilsenan, developer and joint owner of Root Home. Also joining this week is Wendy Gibson, founder of The First Time Buyer’s Club, who brings deep insight into how listings affect the buying decisions of those trying to get onto the ladder.
So, what’s actually happening?
The DMCC Act is designed to tackle unfair business practices across sectors – not just in property – yet parts of it will absolutely apply to property listings. At the heart of the matter is the requirement to give consumers all the information they need to make informed decisions. That includes anything that could materially affect a buyer’s decision to view or offer on a property.
We’re not just talking about a property being near a busy road or having a short lease. This could stretch to things like planning restrictions, unresolved cladding issues, or even something as seemingly minor as rights of way. The challenge for agents is knowing what needs to be disclosed, how it should be presented, and when they can rely on third-party suppliers to get it right.
Complicating matters further is the absence of clear replacement guidance. With the National Trading Standards material information project now paused or withdrawn, there’s a gap where clarity used to be. So far, the government has offered little to replace it – and that’s left many agents in the dark.
It’s not just a case of updating templates or tweaking the property description. What’s at stake here is legal liability – for the agent, the seller, and potentially the conveyancer down the line. If key information is missed or misrepresented, complaints could follow. And under the DMCC framework, consumer protection breaches won’t be taken lightly.
On this week’s episode, we’ll be discussing what agents can do to stay on the front foot. That includes:
- Being clear about what information you’re responsible for
- Working more closely with conveyancers and search professionals at the listing stage
- And asking the right questions of sellers – even if they’re not always easy ones
Juliet will share her legal perspective, while Chris will reflect on how developers are also affected by shifting expectations around what gets disclosed – and when. Wendy will explore the growing concerns among first-time buyers who increasingly rely on listing information to assess whether a property is worth pursuing.
There’s still a lot to be figured out. Yet one thing is already clear: agents can no longer rely on assumptions or wait for full-pack handovers to spot potential problems. The work needs to begin earlier, and be better informed.
Property Quorum goes out live every Thursday at 10am. Catch us live or watch back at your convenience.
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