by Steve Wright
“Advisers must recommend the best product” is a sentiment I often hear while discussing what I believe are weaknesses in advice allowing clients to make ‘convenient’ complaints in the future.
I was on a panel at the past FSC conference in September 2024 where I raised the issue of advisers believing the law requires them to exclusively sell the ‘best’ product, as rated by independent services, and how that might actually be against client’s best interests. I urged the FMA and Disputes Resolution Services to debunk that view.
Here is my opinion. First, we must consider what ‘best’ product means? Is it:
As far as I can tell, neither the Financial Markets Conduct Act, nor the Code, requires advisers to recommend the most highly rated product. While advisers are expected to know their products and give advice with due care, diligence and skill, the best clue to what is required appears to be Code Standard 3, which requires advisers to recommend products that are suitable.
I believe this means that the ‘best’ product is the last one on the list above, the one that best suits the client’s specific needs, even if it is not the most generous or highly rated.
Naturally, recommending the most suitable product requires a thorough understanding of the client’s circumstances, risks and goals and then combining those identified needs with the most suitable product, in a recommendation.
The recommendation must be sufficiently detail rich that the client can understand the advice and the products (and product parameters) recommended. Clients need this level of detail so that they can make an informed decision on whether or not to accept the recommendation.
Don’t get me wrong, I’m not suggesting that product rating services don’t have value, I believe they have immense value. They are an essential tool for adviser product research, comparison and education, but one size doesn’t fit all.
I’m also not saying advisers should refrain from recommending the most highly rated product, very often those will be the most suitable.
Great advice requires knowledge, skill and a very good understanding of the client’s needs. I doubt advisers can simply abdicate their Code Standard three obligations by blindly recommending the top-rated product. This may not be suitable for any number of reasons!
Steve Wright has qualifications in economics, law, tax, and financial planning. He has spent the last 20 years in sales, product, and professional development roles with insurers. He is now independent and helping advisers mitigate advice risk through training and advice coaching.
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This was also a discussion point with the code working group before our code of conduct was finalised.
The premise of choosing the best product based on external research, product, premium, service, etc., misses the point that, dare I say it, direct and vertically integrated providers have a place in the market.
On the premise that cover on a shoddy bank policy is better than no cover at all, and this is a suitable place for people to be while they wait to find an adviser to give them real advice.
By the same token, someone wanting a basic policy after having a comprehensive cover, trading a cheaper premium for fewer features and a smaller scope of claim is also perfectly fine. However, in this case you better damn well document it if you're advising this sort of change!
There is nothing to say an adviser has to offer the best product features, the best price, or the best anything else. It comes back to the adviser providing a well-informed client with options for their particular set of circumstances, needs, risks, and preferences. This is where the best option(s) for the client lies.
This goes along with the outdated idea that you have to present three provider options to clients; this is also rubbish.
It would be unusual if you are tackling advice as I've outlined to find more than one provider that suits. TBH, if you have more than one option, you're probably not asking enough questions!
Also too, with the limited number of providers in the market if you are advising a menu of 50-60% of the options, are you really doing your job as an adviser?