Aipedia: Estate and letting agents

AI and material information in property listings

Aipedia, by the Apex broking team · Last reviewed 2026-10-27

AI can pre-fill material information fields from public data, but the agent must check them because TPO 7i requires all material information to be disclosed with no material omissions. A wrong tenure or council tax band can cause a sale to collapse late.

Part of: AI in estate and letting agents

In short

Data tools can populate listing fields such as council tax band, tenure, lease length, broadband, flood risk and parking from public and commercial sources, sometimes with AI matching the property to the record. Mismatched addresses, out-of-date data and blank fields can all lead to misleading listings. TPO Code 7i requires all material information to be disclosed, and 18p defines it. NTSELAT Part A guidance (July 2022) covers price, council tax and tenure. When a sale fails over information the buyer should have had, the buyer or seller may complain or claim, and PI may respond depending on the wording.

How agents use AI for material information

Portals may expect a set of material information fields on listings. To save time, some agents use property data services that pull council tax bands, tenure, title details, flood risk ratings, mobile and broadband coverage, and conservation area status automatically. Some tools use AI to match a listing address to the right record or to read leases and summarise ground rent, service charge and remaining term. Others use a chatbot to turn a seller questionnaire into listing text.

These tools are useful, but they inherit every weakness in their sources and add a new one: matching errors. A flat can be matched to the wrong unit, a house to the wrong title, or a new build to a record that does not exist yet.

The duties that apply

TPO Code 7i: marketing must be accurate, not misleading and comply with consumer protection law. All material information must be disclosed and there must be no material omissions.
TPO Code 18p: defines material information for the purposes of the Code.
TPO Code 7m: the agent is liable for anything in the particulars it has reason to doubt.
NTSELAT guidance: Part A guidance (12 July 2022) covers price, council tax band and tenure. Parts B and C were in development at that date.
DMCC Act 2024 s.226: omissions and overall presentation can make a listing a misleading action.

The National Trading Standards material information page also notes the government's June 2026 announcement on home buying and selling reform, including intended homebuying sales packs. Our material information rules and PI guide covers the non-AI side.

What can go wrong

Leasehold shown as freehold because the tool matched the building rather than the flat.
Council tax band copied from the neighbouring property.
Lease length calculated from the wrong start date.
Flood risk marked "low" from a generic postcode rating when the seller's questionnaire disclosed past flooding.
Fields left blank, or set to "ask agent", where the data tool returned nothing.

Illustrative: an agent's data tool fills the tenure field for a maisonette as "share of freehold". The seller's questionnaire said leasehold with a short remaining term, but nobody compares the two. A buyer agrees a price, instructs a lender and pays for searches. The short lease emerges at conveyancing, the lender withdraws and the sale collapses. The buyer claims their wasted costs and the seller complains about lost time on the market.

How PI usually responds

Claims for wasted costs or lost bargains caused by inaccurate listing information will usually be considered under an agent's PI policy as claims arising from professional services, subject to the wording, the excess and any exclusions. Redress scheme awards may be treated differently from court claims, so check how your policy deals with them. The amount recoverable often depends on what the agent assumed responsibility for. The estate and letting agents PI guide and does PI cover AI mistakes? cover the wider position.

Practical controls

Compare every auto-filled field with the seller's questionnaire and title documents.
Treat a mismatch as a stop: resolve it before the listing goes live.
Record the source and date of each data point.
Do not let a blank field publish silently; chase the missing information.
Review leasehold data line by line, including remaining term and charges.
Use the same checks for text and floorplans; see AI-written property descriptions and AI floorplans and measurements.

How Apex helps: Apex arranges PI for sales and letting agents and can check how your policy responds to material information claims. See AI in estate and letting agency and AI rules for estate agents.

Sources

Frequently asked

Can I rely on a data provider for material information?

You can use one, but TPO 7i puts the disclosure duty on the agent and 7m makes you liable for anything you have reason to doubt. Check the data against the seller's answers and documents before publishing.

What does NTSELAT Part A material information cover?

Part A guidance, published on 12 July 2022, covers price, council tax band or rate, and tenure. Parts B and C were in development at that date. Check the National Trading Standards material information page for later updates.

Who is liable if AI matched the wrong property record?

The agent publishing the listing is usually the first target. You may have a contractual claim against the data supplier, depending on its terms, but that does not remove your duty to buyers and sellers.

Are homebuying sales packs now required?

Not yet, on the information available. The government announced reforms in June 2026, including the intended introduction of homebuying sales packs. Watch the National Trading Standards material information page for implementation details.

Check your PI covers how you use AI

Tell us about your firm and the work you do. A broker will review how your current PI treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.

Start a PI quote Request a callback

Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.