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Material Information Is Not Dead - And Non-Compliant Agents Are on the Firing Line

non-compliance


When National Trading Standards announced the sudden withdrawal of the Material Information guidance, a dangerous myth started spreading across the industry:

"We don't have to worry about that anymore."


Wrong.


The obligation to provide full, transparent, and accurate material information to buyers and tenants has not only remained - it's been escalated.

And those agents choosing to ignore the shift are walking straight into a legal and financial minefield.


New Law. New Powers. Real Risk.

The Digital Markets, Competition and Consumers Act (DMCC) 2024 is now in force.

And with it, the Competition and Markets Authority (CMA) has been given teeth.

We're no longer dealing with the under-resourced Trading Standards teams. The CMA now holds direct enforcement powers with the authority to:

  • Launch investigations without warning
  • Impose fines of up to £300,000 or 10% of your global turnover
  • Enforce bans and sanctions without going through the courts


This isn't compliance theatre. This is your business, your ability to operate, and your financial security on the line.


 "See Agent for Details" = Legal Liability


Here's what most agents are still getting wrong:

Material information must be disclosed at the point of listing.

It's not enough to say, "We'll confirm that later," or bury details behind a phone call or property brochure. If it's not on the listing, it's a misleading omission under the law.

Still using placeholders like:

  • "TBC"
  • "Ask the Agent"
  • "Subject to confirmation"


You're already in breach.


 The Portal Problem

One of the unspoken issues behind the guidance withdrawal is that many legacy portals struggled to adapt their platforms to handle the level of data disclosure now required. That doesn't mean the requirement disappeared.

**Agents are still liable—** even if their portal isn't capable of showing the right data!


The Smart Agents Are Already Ahead

Forward-thinking agents aren't waiting to get fined or caught out. They're:

  • Creating contract-ready listings
  • Reducing sales fall-throughs
  • Winning more instructions
  • Justifying higher fees with compliance built in


And most importantly - they're sleeping soundly at night.

Get the Ultimate Compliance Edge – For Free

To help agents navigate this complicated new landscape, we've created the Agent's Ultimate Survival Guide to Material Information Compliance (2024–2025).

In this free guide, you'll discover:

  • What you must disclose (and what most agents miss)
  • How the DMCC Act affects your legal obligations
  • Where the biggest compliance risks lie in your business
  • How to fix it - fast


If you're serious about protecting your agency and standing out in a chaotic market, this is the most important download you'll make all year.


Final Thought: This Is Your Warning Shot

Agents who fail to act now are not just risking a complaint - they're risking being shut down. And the rumour spreading like wildfire around the industry right now is that some unfortunate agents will be fined out of existence in order to set an example to the rest and get the profession to fall in line.

Don't let it be you. 

Download your copy of The Ultimate Guide To Profitable Material Information Now!

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Comments 2

Guest - Benjamin on Sunday, 25 May 2025 22:59

Shocking the way they sprung this on the industry. No warning. No support going forward. This industry is a disgrace. We have decided to get out. It just isn't worth it anymore. We've been struggling for the past 2 years now and this is the last straw. The law and the regulators are destroying agency. They arn't on our side thats for sure.

Shocking the way they sprung this on the industry. No warning. No support going forward. This industry is a disgrace. We have decided to get out. It just isn't worth it anymore. We've been struggling for the past 2 years now and this is the last straw. The law and the regulators are destroying agency. They arn't on our side thats for sure.
SilasJLees on Monday, 26 May 2025 10:11

I hear you completely Benjamin. I recently investigated how many housing minsters we've had in the last 10 years. The answer? 16! Yes, sixteen different housing minsters over the space of 10 years. No wonder there's no consistency, no desire for real change, no help coming forward for agents or anyone else connected with the British property market. The withdrawal of Trading Standards guidance in this manner has left the whole industry potentially exposed and I don't see too many people offering suitable solutions. Unfortunately, the only protection for agents now is to go belt and braces with MI compliance and use this as a tactical marketing advantage rather than shying away from it. However, I suspect it will only be once a few "big name" agents have been fined that we'll see a rush for MI compliance across the board.

I hear you completely Benjamin. I recently investigated how many housing minsters we've had in the last 10 years. The answer? 16! Yes, sixteen different housing minsters over the space of 10 years. No wonder there's no consistency, no desire for real change, no help coming forward for agents or anyone else connected with the British property market. The withdrawal of Trading Standards guidance in this manner has left the whole industry potentially exposed and I don't see too many people offering suitable solutions. Unfortunately, the only protection for agents now is to go belt and braces with MI compliance and use this as a tactical marketing advantage rather than shying away from it. However, I suspect it will only be once a few "big name" agents have been fined that we'll see a rush for MI compliance across the board.
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Tuesday, 03 June 2025