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Remax ad misleading, says ASA

Johannesburg - A Remax advertisement showing images of the ocean for a property that has no sea view is considered a misleading claim, the Advertising Standards Authority (ASA) said on Friday.

"The respondent should also be aware that [regulations related to] misleading claims makes provision for 'visual claims' as well," ASA said in a statement.

The complaint related to a website advertisement by estate agency Remax that promoted a vacant lot for sale in Morgans Bay and featured four photographs of an ocean view.

"The complainant found the advertising misleading because the property on sale does not have an ocean view at all," ASA said in a statement.

In response to the complaint, Remax said there was no statement in the advert to suggest the property for sale had a sea view.

It said the photographs were used only to give interested buyers an idea of the general area.

The company said it had not intended to mislead people and that, subsequent to the complaint, it had withdrawn the advertisement.

"The respondent apologised for any inconvenience, but submitted that the advertising did not contain any visual presentation which directly or indirectly misled a prospective client, or purported to reflect any specific plot or a view from any specific plot."

ASA said that it accepted the undertaking of Remax that the advertisement be removed and not used again in the future.

However, it suggested the company be aware of a particular clause in the advertising code of practice which stated that "advertisements should not contain any statement or visual presentation which, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim or otherwise, is likely to mislead the consumer".

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