Selling a property Q&A

Selling a property can be confusing, especially if it’s the first time you’ve done it. Our selling Q&A is designed to help you understand which requests are fair and which ones might be overstepping the mark.

Q: Can an agent request exclusive listing rights?

A: Yes, it is legal for an estate agent to ask for exclusive listing rights. This means they are the only agent who can sell your property for a certain period. This should be clearly written in your contract.

Q: Can an agent demand a set commission rate?

A: Yes, agents can ask for a set commission rate, which is their fee for selling your property. This fee should be agreed upon by both parties and included in the contract.

Q: Do I need to pay marketing fees upfront?

A: Agents can request marketing fees upfront to cover the costs of promoting your property. These fees and whether they can be refunded should be clearly stated in the agreement.

Q: Do I need to give the estate agent access to my property at any time for viewings?

A: No, while agents need access to your property for viewings, they can’t demand unrestricted access. You have the right to set reasonable times for viewings that fit your schedule.

Q: Do I need to be absent during viewings?

A: Agents can ask you to be absent during viewings so buyers feel more comfortable. However, this should be something you both agree on.

Q: Can an agent dictate which offers I can accept?

A: No, agents can give advice, but you have the final say on which offers to accept or reject.

Q: Can an agent stipulate that I must use their services to buy another property?

A: No, it is illegal for an estate agent to require the seller to use their services to purchase another property as a condition for accepting an offer. This constitutes a conflict of interest and violates fair trading laws.

Q: Do I need to use the legal or financial services firm my agent tells me to?

A: No, while agents can recommend legal or financial services, they can’t force you to use specific providers.

Q: Can my agent decide to only accept an offer if the buyer uses them to sell their own property?

A: No, an estate agent cannot legally demand that offers be accepted only if the buyer uses the same agent to sell their property. This practice is unethical and could be considered a conflict of interest.

Q: Can an agent get me to make specific changes or repairs before listing my property for sale?

A: Agents can suggest changes or repairs to make your property more appealing, but they can’t force you to do them. The final decision is yours.

Key takeaways

Estate agents can make various requests to help sell your property, but it’s important to know your rights. Any demands that limit your choices or unfairly benefit the agent are likely to be illegal or unethical. Always read your contract carefully and seek legal advice if needed to make sure you’re not being taken advantage of.

Understanding these terms will help you confidently navigate the property market and ensure a fair process when selling your home.

Discover the true value of your property with no obligation. Schedule your free in-person valuation with a TSPC solicitor estate agent today.