Using an estate agent - buying a property
Estate Agents Work for the seller so their main concern is for the seller
Estate agents provide advice and property details to buyers on behalf of the seller
of the house or flat
Remember that estate agents may be in a position to benefit personally from the
sale of a property. You must be told promptly, and in writing, if your estate agent,
or a relative or business partner of the estate agent, owns the property you want to buy.
Property particulars
The estate agent provides written description of the property (property particulars).
It is against the law for an estate agent to make false or misleading statements about a property.
If the particulars say the property has gas central heating and double glazing , it must
have these features.
Leasehold or Freehold
Freehold the seller has full ownership and the right to sell the property.
Most houses are freehold
Leasehold the seller has a lease on the property for a set time period.
The seller can sell the remaining time on the lease but the property is actually owned
by a freeholder. Most flats are leasehold.
Viewing
The estate agent cannot charge you for arranging a viewing or showing you round the property.
If you view a new property, or one that is still under construction, you may be
asked to pay a non-refundable deposit or sign papers if you are interested in buying.
Seek legal guidance
Making an offer
Make Offer via estate agents If you want to buy a property, you must first make
an offer through the estate agent. This can be above, below or the same as the asking price.
Before making an offer, Seek legal guidance from a solicitor.
Offer to Seller When you make an offer, the estate agent must pass it to the
seller promptly and in writing. The only exception is if the seller has told the estate agent
some offers are not acceptable, such as those below a certain amount.
Estate Agents Estate agents must treat all buyers fairly. They must not hold
back offers from buyers who do not want to use their other services. For example, you should
not be treated differently because you do not arrange a mortgage through the estate agent.
Other Offers The estate agent doesn't have to tell you about other offers which have
been made. It is not always the highest offer that wins. The seller may decide to sell to the
person who can proceed with the sale quickest.
Offer Accepted If your offer is accepted, the estate agent will send you a letter
confirming the details. But at this stage there is no legally binding contract. The buyer can
still receive and accept other offers, and both you and the seller can renegotiate the price
and any conditions of the sale right up to the point when contracts are exchanged or accepted.
Gazumping Although the seller may have accepted your offer, the estate agent must
pass on any further offers received unless specifically told not to by the seller. This can lead to
GAZUMPING where a higher offer is put in and accepted at the last minute before contracts are exchanged
Repossessed properties
These are properties that are being sold by the bank or building society which has repossessed it.
Repossessed property belongs to the lender IE Bank or Building Society (known as the mortgagee)
The mortgagee has a legal obligation to get the best possible price, but may also take into account
how quickly you can raise funds and exchange contracts.
If the mortgagee accepts your offer for a repossessed property , they will place property details and
your offer in the local press and if a higher offer is recieved the whole process will start again
Deposits
When you make an offer, the estate agent may ask you to pay a pre-contract deposit of a
few hundred pounds to show your commitment to buy. This is usually held by the estate agent.
Before you part with any money, find out from your solicitor if a deposit is necessary. If it is, check
whether it is refundable if contracts are not exchanged. When you pay, get a detailed receipt from the
estate agent.
When contracts are exchanged, you may have to pay a bigger deposit, usually 5 or 10 per cent of the
purchase price. This will be held by the seller's solicitor.