At a glance
- An agent must give you their terms in writing before you commit, including what you will pay, when you become liable to pay, and any other charges.[1][2]
- Read the type of agreement carefully: sole selling rights, sole agency and “ready, willing and able” each decide when you owe a fee.[2]
- Every estate agent in England must belong to an approved redress scheme, such as The Property Ombudsman or the Property Redress Scheme.[3][4]
- Agents must check the identity of sellers and buyers under money-laundering rules, and must pass on every offer until contracts are exchanged.[5][6]
Rules and figures last checked October 2026.
What the law requires of an agent
- Terms in writing, first. Before you are committed, the agent must give you, in writing, when you become liable to pay, how much (or how it is worked out) and any other payments or deposits you will owe.[1][2]
- A redress scheme. Everyone doing estate agency work must be a member of an approved redress scheme.[3] The government names The Property Ombudsman and the Property Redress Scheme.[4]
- Every offer passed on. An agent must tell you about every offer until contracts are exchanged.[6]
- Identity checks. HMRC’s anti-money-laundering guidance treats both the seller and the buyer as customers, and the agent must identify and verify them and cannot proceed if the checks cannot be completed.[5]
The type of agreement decides when you pay
| Term | What it means for your fee |
|---|---|
| Sole selling rights | You owe the fee if a sale is agreed during the agreed period, even if the buyer was not found by that agent.[2] |
| Sole agency | You owe the fee if a buyer the agent introduced or negotiated with buys, or a buyer introduced by another agent buys, during the period.[2] |
| Ready, willing and able purchaser | A buyer prepared and able to exchange unconditional contracts. The fee is payable even if you then withdraw, whatever your reasons.[2] |
The government also warns that if you instruct more than one agent, you may owe more than one fee, depending on the contract type.[6] Ask for the agreement in plain English, and ask what happens if you change your mind.
Questions worth asking
- How did you arrive at the valuation, and what recent sales support it? (Be wary of any agent who inflates a valuation just to win your instruction.)
- What exactly will you do to market the home, and which portals will it be listed on?
- What will I pay, when, and what else could I be charged? Is it in writing?
- What type of agreement is this, and how long does it last?
- Who will look after my sale day to day, and how will you keep me informed after every viewing?
- Which redress scheme do you belong to?
You can start with a free, no-obligation valuation from us, and read how selling works and our marketing before you decide.
Sources
Every figure and rule above comes from one of these, read in October 2026. The dates are the ones each publisher shows as when the page was last updated.
- [1]Estate Agents Act 1979, section 18: engagement of estate agent by client (information to be given) (opens in a new tab)legislation.gov.uk
- [2]The Estate Agents (Provision of Information) Regulations 1991 (opens in a new tab)legislation.gov.uk
- [3]The Estate Agents (Redress Scheme) Order 2008 (opens in a new tab)legislation.gov.uk
- [4]Selling a home: making a complaint (opens in a new tab)GOV.UK
- [5]Anti-money laundering guidance for supervised businesses: estate agency (AMLG2200) (opens in a new tab)GOV.UK (HM Revenue and Customs) · page updated 13 October 2026
- [6]Selling a home: estate agents (opens in a new tab)GOV.UK
This is a general guide to selling a home in England, not legal, tax or financial advice. Your own circumstances, and your conveyancer’s advice, decide what applies to you.