Estate Agent Problems When Selling Your Home: Your Rights (UK)

Selling your home should not mean being trapped by your estate agent. From "sole agency" tie-ins to surprise double-commission claims, here are your rights and how to push back.

The contract terms that catch people out

• Sole agency vs sole selling rights: with "sole selling rights" you may owe commission even if you find the buyer. Know which you signed.
• Tie-in and notice periods: long lock-ins and notice periods can trap you — these must be fair and clearly explained.
• "Ready, willing and able purchaser": some contracts try to charge commission even if the sale falls through. This term is often challenged.
• Double fees: if you instruct a second agent, you could face two commission claims for the same sale — check your first agreement first.

The standards agents must meet

Estate agents must comply with the Estate Agents Act 1979 and consumer protection rules, give you clear terms, disclose any personal interest, and pass on all offers. They must also belong to a government-approved redress scheme — The Property Ombudsman or the Property Redress Scheme.

How to complain

1. Complain in writing to the agent, setting out the problem (poor service, unfair fees, a term you say is unfair).
2. Give them up to eight weeks to resolve it.
3. Escalate free to their redress scheme, which can order an apology, a fee reduction, or compensation.

A complaint letter template

Dear [Estate agent],

Re: [Property address] — complaint

I am complaining about [the commission you are claiming / your service / a term in
your agreement]. [Explain why it is unfair or fell short.] I ask you to [waive/
reduce the fee / compensate me].

Please send your final response within eight weeks, after which I will refer my
complaint to [The Property Ombudsman / Property Redress Scheme].

Yours faithfully,
[Your name and contact details]

Read the agency agreement before challenging fees, then complain in writing and use the free redress scheme. Many unfair fee claims and tie-in disputes are resolved there without cost to you.