Advertisment
Advertising for commercial property on a third-party property website referred to the following:
“Sligo Road, Ballina, Co. Mayo
€100 or Rent Negotiable – 3000 sq. ft. industrial unit
Property Overview
Available From – Immediately
Description:
Sale Type: For Sale by Private Treaty
Overall Floor Area: 3000 sq. ft. Industrial Units Ballina. From 3000ft2 to 300,00ft2”.
{Name: Mobile Number} provided alongside a location map of the property and the facilities available on the premises.
Complaint
The complainant said they were a business looking for a commercial premises like that advertised. When they went to try and view the premises, however, they could not locate it. They contacted their local Chamber of Commerce to seek help in locating the property and were informed that the property did not exist.
Response
The advertisers said they were builders/property developers. The premises in question was a business/industrial development which they were progressing and developing, and all units had not been built at the time of the complaint. They said the development would take years to complete due to its size, and the purpose of the advertising had been to seek expressions of interest in the premises.
The advertisers said they would remove the advertisement to ensure that there would be no misunderstanding in the matter.
Conclusion
Complaint Upheld.
The Complaints Committee considered the detail of the complaint and the advertisers’ response, and that the advertising had been withdrawn.
The Committee noted that there had been no suggestion in the advertisement that the property in question was under construction and not currently available to rent or buy as indicated. They also noted that there was no indication that expressions of interest were being sought. They considered it was misleading to advertise a premises as being available to rent or buy “From immediately” if it was not yet constructed. In the circumstances, the Complaints Committee concluded that the advertising was misleading and in breach of Sections 4.1 and 4.4 of the Code.
Action Required:
No further action was required as the advertising had been withdrawn.
The Complaints Committee told the advertisers that if future advertising was on the basis of seeking expressions of interest, this should be clearly stated as well as the status of the project.
