Ian Springett, chief executive of Agents’ Mutual, denied pressuring estate agents to leave Zoopla and Rightmove.
At Friday’s Competition Appeal Tribunal hearing, he continued to be cross-examined by Paul Harris QC, who is representing the Connells’ owned brand Gascoigne Halman.
Gascoigne Halman was an independent agent when it signed up to Gold membership of OTM in January 2014. Connells acquired the firm in October 2015.
The Competition Appeal Tribunal hearing, which is scheduled to last a further week, is dealing with the ‘one other portal’ competitive issues arising from counter-claims in response to cases brought by Agents’ Mutual against Gascoigne Halman and another agent, Moginie James, as it seeks to enforce their contracts.
Welsh agent Moginie James is not part of the proceedings at the tribunal.
In Friday’s cross-examination, Mr Harris revealed email evidence from agency groups in Wales, north-east England and near Bristol.
Mr Harris said these showed Mr Springett discussing group decisions by agents.
In one email exchange with Mr Springett, it was alleged a Bristol agency group discussed building a “critical mass” of agents to drop other portals except Rightmove.
Mr Harris asked Mr Springett: “Where was the email back saying ‘whoa, no you can’t do that as a collective’?”
After reading out another email exchange with an agent in Maidstone, Mr Harris said to Mr Springett: “What’s interesting is that local agents are getting together to make group decisions.
“Nowhere do you or agents say ‘hang on, you can’t have collective group decision about which portal to retain’.”
Mr Harris suggested that Mr Springett was arranging to beat competitor Zoopla by arranging group decisions of agents to leave Zoopla for Rightmove.
The intention, Mr Harris alleged, was that OTM could eventually take Zoopla’s place as the main competitor to Rightmove.
Mr Harris read other emails from another agency group, IEAG, and commented: “They have obtained the impression from you, Mr Springett, that their plan is based upon most agents dropping Zoopla to go with Rightmove and then dropping Rightmove to go with you.”
But Mr Springett replied: “I really don’t think he could have obtained that impression. He could not have got that from me.”
Mr Harris responded: “What’s extraordinary is that these witnesses get the same impression, to drop Zoopla, and then eventually drop Rightmove.”
But Mr Springett said: “I don’t accept anything I said causes them to get that impression.”
Mr Springett also denied that when he spoke to group chairmen, he was pressuring for a collective outcome.
In another conversation with a Welsh agency group chairman, Mr Springett denied he suggested they should not sign with Zoopla.
Mr Harris said: “In this context them collectively signing to Zoopla means they all agree to drop Rightmove.
“That’s the logical conclusion,” Mr Springett said.
Mr Harris put to him: “And you were telling this to him as leader of the west Wales group to make that decision collectively?”
“No, I was advising him alone,” said Mr Springett. “I have always made it very clear to agents that they had to make an individual decision.”
Mr Harris countered: “That’s nonsense, isn’t it, Mr Springett? I suggest to you that is thoroughly misleading and downright wrong.”
“No,” Mr Springett replied.
The hearing continues
What happened to Harry Hood’s post that was on her Ros?
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
If your comment doesn’t fit with the pro-OTM status quo on PIE, your comment will be moderated or deleted, as mine were last week.
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
Your comment would have been deleted because it breached the posting etiquette of the site.
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
There was literally nothing wrong with it, or different to what I posted below.
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
Sorry here not her!
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
If anyone believes no agents talked about which portal they were going to drop if it was applicable, is delusional. It happened at the meeting I attended. However it was made very clear by AM staff that they left it to individual agents who, if any they wished to drop. AM staff backed right off and distanced themselves. Most agents where only on one portal, so the second never came into question for them. At no time did the other agents at that meeting get together to make a joint decision and that is the difference between colluding and having it talked about OOP. Would it surprise me if it didn’t happen somewhere around the country, no. Agents generally don’t discuss things with each other! (10 years of experience travelling around UK agents).
The point though, it is permitted to collude and have something like an OOP if one can justify it and is an EU directive on competition law not being breached, as I mentioned last week. At the end of the day it will be how both side present their case and the judges decision will be interesting, currently 50 = 50?
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
I was a late comer to the party joined about a year later.
At no point did the rep ask or tell me to drop Z.
Natural choice to drop Z as i would not be dropping RM. Sure every other agent felt the same.
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
And this is why RM’s rates continue to rise and OTM has failed.
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
OTM hasn’t failed.
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
Hasn’t it? What have I missed? Every single goal set out has been missed, hemorrhaging agents, getting pulled apart in court, public still have no idea who they are, no votes, no service, no leads, no new business despite being practically free.
What’s working?
And yes, I fully expect this comment to be ‘moderated’.
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
I wouldn’t expect the comment to be moderated you haven’t slandered anyone this time you haven’t said anything that would cause a litigation lawyer to start dribbling and drooling.
OTM is still up and working it still has support and still has 3 years to run.
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
‘Just being there for it’s minimum contracted period’ doesn’t constitute not failing. Not getting near any of it’s goals and promises to agents, however, would – would you not agree?
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
I wouldn’t agree, if it weren’t for this court case it would be possible to assess what had or hadn’t been achieved rather than just what you reckon.
My own view is that the way the relationship with OTM has been handled in the past two years even if OTM lose (WHEN the case is over) and if the OOPR is lifted as a result agents aren’t going to flood to use ANY of the firms who have been sticking the knife into the project.
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
I didn’t suggest they would, but any contractual obligation they had not to would be void….then it just becomes like all the other tiny, obscure portals. And they are numerous…
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
How many agents, how much stock do you think has to be taken away from OTM to make it tiny and obscure?
Do you think that is going to happen with people like you prematurely gloating over the demise of the portal they have supported only half way through the case?
Doesn’t your attitude actually send out a fairly clear reminder why AM was necessary in the first place?
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
It is obscure because people don’t know what it is, or use it (without agent prompting, and then only once due to limited stock in almost every area and no consumer tools). By very definition, it is obscure. Doesn’t matter how many agents use it (circa 80% don’t or can’t) or how much stock is or isn’t on it.
It can’t take much more defection, even agents that use it mostly forget that they do, or don’t promote it.
My attitude is an irrelevance, it’s all to do with estate agency customers. And their attitude is one of absolute ambivalence.
It’s demise is written in the stars – it’s investment is tiny & misused (overseas – haha!), it’s traffic is mostly paid for, and it’s consumer functionality is nil.
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
Your attitude isn’t an irrelevance it is very much part of the plan for agents to be subservient to the service suppliers, to own the desktop blah blah blah.
While OTM exists that can’t happen, but while OTM tries to emulate legacy ridden portals new subscribers won’t understand the benefits to them of a portal people are trying very hard to write off.
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
Doesn’t look like that’s a discussion they want pursued. I was quite looking forward to discussing the problems two service suppliers face. Never mind I am sure the chance will arise.
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
Well that cannot be the case for all. My rates have reduced with Rightmove as I mentioned the OOP rule to them during my last conversation !
I have an increased number of services and my rates have come down, only slightly but with increased services purchased – a small win for me !
OTM failed ? I think many, as I will, will continue to support this way forward. I certainly would not be returning to Z, why be on two portals ? I do not believe many would only view properties on one portal. I will spend wisely elsewhere and not be pressurised into supporting both.
I am hoping, once this costly case is out of the way, more focus from OTM on raising brand awareness !
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
SJEA – you are on two portals…
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register
Quite simple really, because Zoopla and Rightmove were ******** us and will continue to do just that without another portal to challenge them.
In all our dealings with AM from the top downwards there was not one occasion where they suggested collectively getting together to get people off Zoopla. In fact the AM forecasts we saw predicted that the balance between those quitting RM or Z was much closer with far fewer leaving Z than turned out to be the case.
What did they say to you when you met AM Harry?
You must be logged in to like or dislike this comments.
Click to login
Don't have an account? Click here to register