Stakes get higher as OTM listings by Connells firm are taken down after alleged breach

Listings for Rook Matthews Sayer have been removed from OnTheMarket.

The 17-office firm in the north-east was acquired by Connells Group in March.

Previously, as an independent, Rook Matthews Sayer had been an early supporter of OTM and partner Clive Rook was on the Agents’ Mutual board.

As recently reported by EYE, Rook Matthews Sayer has been listing on all three major portals in apparent breach of OTM’s ‘one other portal’ rule, but yesterday its listings could be seen only on Zoopla and Rightmove.

We asked OTM to comment and a spokesperson said: “Following its acquisition by Connells Group, the firm of RMS Ltd trading as Rook Matthews Sayer has chosen to breach its contract with Agents’ Mutual Ltd.

“The listings of Rook Matthews Sayer have today been removed from OnTheMarket.

“A related claim by Agents’ Mutual against another Connells Group subsidiary, Gascoigne Halman, is the subject of litigation at the High Court and the Competition Appeals Tribunal.

“Agents’ Mutual has reserved its position in relation to Rook Matthews Sayer pending the outcome of those proceedings.”

Yesterday, we also could not find listings on OTM for Paul Dubberley, the midlands agents acquired by Connells in May. OTM declined to comment.

Connells were invited to comment but declined.

The trial of the ‘one other portal’ competition issue has been set for next February, as we reported yesterday.

One other portal rule: Timetable set by tribunal for OnTheMarket case

 

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14 Comments

  1. Eamonn

    OTM Doesn’t need the properties from that agent or  any of the traffic it produces,  let Zoopla no RM have an exculsive on it.  They need it more than OTM.

    Great Call.

     

     

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    1. 1stTimeBuyer

      You are clearly lacking some facts and figures.

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      1. PeeBee

        Would whoever was awarded the “Not Getting the Joke, 2016” please return it to the stage, please – we have a late entry…

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        1. 1stTimeBuyer

          Isn’t it funny how certain people sing different tunes depending if something goes there way of not… (example above)

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  2. Trevor Mealham

    Its time the courts uphold fair play.

    No commercial concern like AM/OTM is above the law of the land and as such their actions have been anti competitive in line with EU Anti trust Articles 101 and 102

    For a commercial venture to gain compromising agents stance. Agents abilitues to market via better routes, and above all affect innocent consumers homes being greater marketed, is disgusting.

    No doubt Connells recent trade figures sends a message that they have deep pockets to deal with AM/OTM directors

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    1. Mark Walker

      We were only on one portal before On The Market.  What an odd set of statements.

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    2. PeeBee

      Mr Mealham

      I have a catalogue of dozens – probably runs into the hundreds and maybe even thousands – of saved quotations from you going back several years along the lines that the portals are NOT the be-all and end-all of property marketing; that by coming off them they will no worse off – you have been positively advocating it for years.

      As recently as December 2013 (before you even start typing, the world hasn’t changed so drastically in such a short timeframe that you can say ‘Ah yes – but…’) you posted a comment to a Nick Salmon article stating

      ‘As said most buyers looking are already with agents selling. Take or delay listings appearing on main portals. Even by 7-10 days and public would have to search first listers.’

      Earlier that year you stated

      Ask x agents if 5-10 years ago they would have brought in to building a platform where budget models could steal their business and place it next to proper agents adverts…  My guess is that main portals will have corporate adverts and private sales and lets when independents have left them in disgust.’ 

      I just LOVE the comment you made to Ray Evans:

      ‘Agents made them (the portals) equally agents working together can BREAK them. Or greed will break themselves.’ 

      Like I said – I’ve got REAMS of them.  These are just some of the relevant few that jumped off Page 1.

      I’m also drawn to this one:

      ‘Im here for independent agents – not for the portals or corporates.’

      REALLY?  Time to start proving it.

      Or – do you just mean what we know already to be the case – “those independent agents who sign with my Network… to then list on the portals we profess to despise but actually rely on.”?

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      1. Trevor Mealham

        @PeeBee

        Nice compliment collecting quotes PeeBee.  Where I live the weathers nice. Why not get out a little and get a life.

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        1. PeeBee

          Oh – I have a GREAT life, Mr Mealham.

          I know who I am; where I am; and what I am doing.

          I know what I want; where it is – and how to get it.

          You, on the other hand,  looking at all these contradictory quotes, seem to lead one of chaos and confusion.

          I’ll stick to my little lot, thank you.  Much more stable and easy to remember where I am; who I’m acting for – and what I do best.

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  3. Robert May

    Morning Trevor, it might be worth waiting for the courts to decide what is and isn’t fair play.  Contract  case law is certain your EU articles  is undecided in this case otherwise it wouldn’t be going to court on the grounds it is

     

    Rook, Matthews, Sayer are acting entirely as expected given the circumstances, “whatchya gonna do about it?” a rebellious teenager.  Ian can’t slap them in a chastity belt and chain them to the radiator so has no option but to let them go.

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    1. Trevor Mealham

      Hi Robert,

      If you speak to different directors in the property industry from agents, to portal and other agent platforms, there are several different angles, that give others reason to be upset with the rules the AM/OTM directors have been imposing.

      Contract law (MUST) be based ethically on the law of the land.

      For a commercial entity that itself should observe the law of the land to create embargoes on others and restraints on its members for AM/OTM’s own commercial gain, and commercial hindrance on its members AND others (who didnt sign up to their cartel way of trading) isn’t right to 1.traders or 2.the consumers they serve.

      I hope that the Judge takes a view to AM/OTMs directors directives and rules as maybe running along a different track to the laws of the land that the rest of us have to run under.

      Hats off to Connells for having the b@lls to take their dispute head on.

      Equally, with the Iain White gathered OTM early Gold members, this could get messy and expensive for OTM

      On top, are portals and other platforms who’s agents were written to saying listings had to be removed. As such this is a direct attack and opens further later court cases to follow.

       

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      1. Robert May

        So are you saying Rook Matthews Sayer’s solicitors mis-advised Rook Matthew when the joined AM?  Look back at the early stories about AM/OTM on Eye, Rook Matthews were a  very dominant part of the promotion of AM in the North West.

        Nothing has changed other than Rook Matthews  sold their business with a 5 year Gold membership ( I believe) contract  in place. Selling a business  doesn’t  affect the efficacy of the contract a firm previously signed up to.

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        1. PeeBee

          No answer, Mr Mealham?

          Not like you…

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  4. Thomas Flowers

    O Dear. OTM have allowed themselves to be boxed into a corner over three acquisitions!

    Is this battle really against Connells?

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