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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3670
Experience:  Solicitors 2 years plus PQE
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I have en estate agent friend. I would like to help him find

Resolved Question:

I have en estate agent friend. I would like to help him find new houses to sell. Am I allowed to send letters to people at houses already for sale, using their name which I can find on the printed Electoral Roll at the town hall?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome
My name is ***** ***** I will assist you.
Will you have a contract with your friend? An introduction agreement?
Kind regards
AJ
Customer: replied 2 years ago.

I will receive a commission on house sales that result from this activity, but there is nothing in writing - between friends

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
In the letters that you send will it be on the headed paper of your friends estate agency or in your own name?
Kind regards
AJ
Customer: replied 2 years ago.

The estate agency

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
If you are sending out letters on behalf of and in the name of the Estate Agency then there is no issue with this.
You will experience problems if the seller or buyer believes that you some how have a third party influence or interest in the arrangement as a party that is not directly employed by the estate agency.
To be safe and not fall foul the regulatory framework that governs estate agents you cannot have any influence over the negotiation of the sale, commission or sale price. You have to step out of the chain as soon as the introduction is made.
Kind regards
AJ
Customer: replied 2 years ago.

Thanks, ***** ***** question relates to the use of the printed electoral roll specifically.

I know about the open electoral roll which is sold to marketers after individuals have been given a chance to opt out of it. This is NOT the open electoral roll; it is the printed version at the town hall. Some of these people might have opted out of the open electoral roll - but I am not paying for the data. I am exercising my right as a citizen to inspect the data at the town hall. My question is: am I allowed then to use that data for commercial purposes?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Any person you solicit will have no idea that you obtained their address from the electoral register.
The main issue is you will be address people personal for unsolicited services. There are laws against doing this and you could potential receives complaints under the Data Protection Act requesting that you stop using these peoples data for direct marketing.
Any complaint would be levied against the estate agency.
You may be better of anonymously targeting people with correspondence i.e not addressing them by name and address.
Kind regards
AJ
Customer: replied 2 years ago.

Thank you, ***** address them anonymously, must I/should I offer them a facility to opt out of further addressed, but anonymous letters?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The best example I can think of is when you receive circulars from local estate agents saying "To the owner or owner occupier". These are often a disguise in that they will offer local market information plus a description of services in small print almost.
If you are sending the letters by Royal Mail - then RM have their own opt out facility in this regard.
I would offer them an opportunity to register with, so effectively an opportunity to opt in so you have their consent to address them personally in the future.
Kind regards
AJ
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