A survey of more than 300 property professionals has revealed widespread uncertainty following the withdrawal of the National Trading Standards Estate and Letting Agency Team’s (NTSELAT) Material Information guidance.
The results, published by PropTech company Reapit, show that 96.7% of agents feel underinformed and unsupported as they attempt to navigate the new regulatory landscape under the Digital Markets, Competition and Consumers Act 2024 (DMCC Act).
The Act, which came into force on 6th April 2025, introduces new consumer protection standards including a legal definition of ‘invitation to purchase’ and a ban on ‘drip pricing’.
The withdrawal of Material Information parts A, B and C has left agents unsure whether to continue using the previous guidance or wait for formal direction from the Competition and Markets Authority (CMA).
According to the Reapit survey, 61% of agents had heard of the DMCC Act but lacked a detailed understanding, 24% said they were familiar with the key changes, and 11% were unaware of the Act altogether.
Nearly half of respondents were still relying on the NTSELAT guidance, while 40% were uncertain of their obligations and 14% had already moved away from it.
The findings were discussed during a webinar hosted by Reapit’s commercial director, Neil Cobbold, with contributions from David Smith, partner at law firm Spector, Constant and Williams, and Greg Tsuman, managing director of lettings at Martyn Gerrard.
Smith said: “I see this as an evolution, not a revolution.” He explained that while the Act does carry potential penalties of up to £300,000 or 10% of turnover, enforcement would likely focus on “misleading omissions” and severe cases.
Tsuman added that agents should continue to ask reasonable questions and maintain transparency with property listings, while Cobbold urged: “Make sure that if you know something, you disclose it.”
Following the event, Cobbold said the CMA’s enforcement in 2025 would likely focus on “proportionality, predictability, process and pace”, but noted that the DMCC Act applies not just to property listings, but also to how agents advertise services.
“Cracking down on ‘drip pricing’ has been highlighted by the CMA as one of the areas they’ll be acting on in the first 12 months so ensuring all fees are disclosed upfront when selling services will be key for agents,” he said.
