TSPC Gair Couston responds to BBC Panorama Investigation: Undercover Estate Agent

Following the BBC Panorama investigation, TSPC Chairman Gair Couston highlights the ethical advantages of working with solicitor estate agents in Scotland.

An investigation into two prominent estate agencies in England revealed deeply troubling evidence of unethical practices affecting both buyers and sellers across the UK during what is often the most significant financial transaction of their lives.

A Different Standard in Scotland

At TSPC, alongside our 26-solicitor estate agent member firms, we value transparency, reliability, and relatability – attributes that were clearly missing from the highlighted cases. However, the programme does not reflect all estate agents, particularly not solicitor estate agents who are regulated by The Law Society of Scotland, a professional body and regulator for Scottish solicitors, responsible for providing a robust framework for ethical standards and protection for buyers.

Key Issues Highlighted in the Investigation

BBC Panorama’s investigation uncovered evidence of dishonest and deceptive conduct by leading estate agencies, including over valuing properties to win the instruction and prioritising commission and additional sales over the interests of sellers leading them to lose money on properties. There were also clear signs of conditional selling. This is where the estate agent implies, suggests or tells you that you need to use their mortgage broker or a linked mortgage broker or a conveyancing solicitor to secure a more favourable deal. Despite practices being prohibited under the Estate Agency Act, which mandates that all offers must be presented to the seller, irrespective of the buyer’s choice of service providers. TSPC are also aware of cases where local independent estate agents have coerced a prospective purchaser into using their services on promises of getting the property they want which they also happen to be selling – if they can do that for you they can do that to you.

The Benefits of Using a Solicitor Estate Agent

In Scotland sellers have the option to choose to go with a solicitor estate agent – a practice we strongly recommend for numerous reasons. By choosing a solicitor estate agent this ensures that sellers interests are prioritised, diminishing many of the issues uncovered by recent investigations. Sellers also benefit from a partner who are uniquely qualified to handle both the legal and marketing aspects of buying or selling a home in Scotland and can offer legal proficiency with a deep understanding of the property market. A seller is also obtaining the protection when using a solicitor estate agent of a regulatory framework governed by the Law Society of Scotland backed up with professional indemnity insurance.

I’ve been speaking with Lindsay Darroch from TSPC member firm Gilson Gray on this. He said “The BBC Panorama programme highlights the potential issues and pitfalls with using independent estate agents and accordingly shows the benefits of using solicitor estate agents in Scotland. To slightly change a Law Society marketing campaign – if you are thinking of selling your property in Dundee and Angus, it’s never too early to call your TSPC member solicitor Firm!”

At TSPC we recommend that home buyers and sellers opt for solicitor estate agents to ensure a more secure and transparent property transaction and avoid issues highlighted within the investigation. Learn more about our commitment to high standards.