ASA Adjudication on Galliard Homes Ltd

Ad

Two radio ads, for the property investment company Galliard Homes.

a. In one ad, the voice-over said, "As chairman of Galliard Homes it is always my prime concern to ensure new and previous purchasers benefit from maximum growth potential. Our track record proves our expertise in identifying growth in emerging markets. Galliard Homes now recognises Bodrum, Turkey as such an emerging market, an area visited by over 10 million visitors each year. By investing as little as £50,000 you can purchase a luxury apartment at the Horizon Sky Beach Resort near Bodrum and receive 6% net guaranteed income for four years. This complete resort offers every facility insuring the very high standards our purchasers demand. I would invite all discerning purchasers to attend our international exhibition and seminar on Saturday ... For full details call xxxx or visit galliardhomes.com ..."

b. In the other ad, the voice-over said "Are you looking for an overseas property investment, with prices starting from under £50,000, with guaranteed income, a low deposit and excellent capital growth potential? Galliard Homes, a UK buy-to-let specialist, are proud to introduce Horizon Sky Beach Resort near Bodrum ... Horizon Sky will be the first beach resort to be built to Galliard Homes exacting standards of quality, design and luxury ... Attend Galliard Homes international sales launch ..."

Issue

A listener believed the ads were misleading because he understood that the Horizon Beach Resort was some distance away from the town of Bodrum.

BCAP Radio Code

Response

Galliard Homes (Galliard) said Horizon Sky Beach Resort was within a seven-mile radius of the Bodrum Peninsula. They said the ads had not claimed that the resort was in Bodrum town but "near Bodrum".

The Radio Advertising Clearance Centre (RACC) said the resort was within the Bodrum Peninsula and approximately a 35-mile drive from Bodrum itself. They believed that, although open to subjective interpretation, in this instance the term "near" was not misleading. They also pointed out that the ads were promoting an exhibition and seminar where full details of the location of the resort would be made clear.

Assessment

Upheld

The ASA acknowledged that the Horizon Sky Beach Resort was within the Bodrum Peninsula, but noted that the resort was situated 35 miles from Bodrum town. We considered that, based on the claim in the ads, listeners might make the decision to attend the exhibition and seminar expecting to be able to purchase a property near to Bodrum, whereas we understood that the development was 35 miles away. We concluded that it was misleading to describe the resort as near to Bodrum.

The ads breached CAP (Broadcast) Radio Advertising Standards Code section 2, rule 3 (Misleadingness).

Action

We told Galliard Homes to ensure that future ads made clear that the resort was situated in the Bodrum Peninsula not near to Bodrum town.

Adjudication of the ASA Council (Broadcast)