ASA Adjudication on Aitchison Rafferty Ltd

Ad

A magazine ad, for Aitchisons, stated "You can trust Radlett's most prominent estate agent, Aitchisons, to help you … Radlett's most prominent and fastest growing Estate Agent". Another ad, in a festival programme, stated "As continuing sponsors of The Radlett Festival, Aitchisons, Radlett's most prominent Estate Agent, wish good luck to all involved in the event".

Issue

Barry Allsuch & Co challenged whether the claim:

1.   "most prominent" was misleading and could be substantiated and

2.   "fastest growing" was misleading and could be substantiated.

CAP Code (Edition 11)

Response

1. Aitchisons said there were many estate agents in Radlett, all of which were positioned at one end of the main shopping thoroughfare, Watling Street.  They claimed their shop was the only estate agent located in the middle of Watling Street.  They explained that their premises were located next door to a leading supermarket in the prime shopping location with the highest foot fall and hence the highest rents.  They pointed out that the dictionary definition of "prominent" stated "due to standing out so as to be seen easily; conspicuous; particularly noticeable".  They said they were extremely prominent in their support of the local community and listed several local organisations that they sponsored.  They asserted that they were not claiming to be the number one or premier estate agent in Radlett.

2.  Aitchisons said following the success of their Radlett premises, which opened in January 2006, they opened a further office in the local area, in Borehamwood, in January 2007.  They argued that, to the best of their knowledge, no other agent in Radlett had doubled their branches in the area over the past year.        

Assessment

1. Upheld

The ASA noted Aitchisons' argument that the location of their premises in a prime shopping location and their sponsorship of community events made them the most prominent estate agent.  We considered that readers could interpret the claim "most prominent" in many different ways and that some readers might infer from the claim that Aitchisons was the agent in Radlett with the highest sales or market share.  Because we had seen no evidence to show that they were, and because Aitchisons had not qualified the claim to make it clear in what respect they considered themselves to be the most prominent, we considered the claim was likely to mislead.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 19.1 (Other comparisons)

2. Upheld

We noted Aitchisons had two offices, one of which was in Radlett and a second which had recently opened in Borehamwood.  We considered that readers would understand the claim "Radlett's fastest growing estate agent" to relate to an increase in sales or market share within the town of Radlett.  Because the growth referred to a new branch in another town in the area, we concluded that the claim was misleading.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 19.1 (Other comparisons)

Action

We told Aitchisons not to use the claim "most prominent" in future advertising unless they made the terms of their comparison clear. We also told them not to refer to themselves as Radletts fastest growing estate agent.

Adjudication of the ASA Council (Non-broadcast)