Your rights when selling a your property through an estate agent
When you sell your property it can be stressful particularly if the estate agent isn’t doing their job properly. You do have rights when selling your home though which you can use to complain effectively about your estate agent.
Regulations covering Estate Agents
The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) regulate estate agents and other businesses. They cover those involved in property sales and lettings. The CPRs prohibit all traders from using unfair commercial practices in their dealings with individual consumers. Estate agents are prohibited from engaging in commercial practices that are unfair to sellers, buyers, potential sellers or potential buyers of residential property.
Those agents found to have breached either the CPRs could be at risk of prosecution by their local authority. Trading Standards are responsible for enforcement and can bring criminal prosecutions. On conviction, agents can face substantial fines or in more serious cases imprisonment. Those classic descriptions of “Stunning” and “Highly sought after” now have to have evidence to back them up!
The consumer rights you have selling your home
As a seller you have rights under the Consumer Rights Act 2015 to services carried out with reasonable care and skill. But there are no legal regulations about what estate agents have to do to find you a buyer. So do your research to find the best estate agent for you. Explore the services that they provide and their costs.
The Consumers, Estate Agents and Redress Act, 2007 requires all estate agents in the UK to register with an Estate Agents Redress Scheme. The scheme can investigate complaints from members of the public.
From the 1st October 2014 all letting agents in England have also been obliged to join a scheme under the Enterprise and Regulatory Reform Act 2013.
An estate agent must:
- act in your best interests,
- contact buyers,
- provide accurate information and
- not discriminate against you etc.
How to complain about an estate agent
If you believe that an estate agent has acted unfairly, complain first to the manager or owner of the agency. If it is a chain then you can write to the head office. You can find the CEO email address at ceoemail.com.
Of course you can take your business elsewhere or withhold some of the agent’s fee. If you do the latter take legal advice first. This is because you may be sued by the estate agent. So you need to be very clear on your legal position.
If you cannot agree the fee with an estate agent for any reason, such as finding your own buyer, seek legal advice.
The Property Ombudsman Code of Practice for Residential Estate Agents is voluntarily followed by many estate agents. Estate agents who follow the Code of Practice are required to provide additional consumer protection that goes beyond that required by law. They can be recognised by the blue TPO logo which they will display on their literature, websites and office windows.
Further help with your complaints
How to take charge of your home removal provides information and tips for when you move house.
How to prevent & complain about property related issues
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