This is on the assumption that the marketing process has been fully explained to the client and communicated in the Terms of Business and the contract between the Agent and the client. In itself, the marketing restriction to two portals, and by definition, not marketing via one of the two current market leaders, is not likely to be perceived as a breach of professional duty. In exchange for a pre-defined fee, the Agent will market the property and manage the sales process – alongside other agreed activities. In simple terms, a client will engage an Estate Agent to sell or let their property. How Can Portal Changes Breach Duty Of Care? Should a client feel that the services or advice provided may have breached that duty of care, and in turn, they have suffered a financial loss, they are likely to pursue a Professional Liability claim against the Agent. The onus is, therefore, on the Agent to act professionally and transparently in the services they provide. Property Experts Owe A Duty Of CareĪs a trained property expert, an Estate Agent owes a heightened duty of care to their client for the advice and expertise provided. However, one angle which many agents may overlook is the Insurance perspective it is important to understand how an Agents actions could impact their susceptibility to Professional Indemnity Insurance claims. In reality, the end client will decide how the online market develops and which portals will succeed. The contractual requirement for Estate Agents utilising “OnTheMarket” to market properties online via only one other portal is controversial and a source of huge debate across the property community. The advent of Agents Mutual and their “OnTheMarket” portal is set to shake up the property world.
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