Buying your first home is exciting, but it’s important to know your rights. One practice you should be aware of is conditional selling – when an estate agent makes it seem like you can only buy a property if you use their in-house services. Here at Alan Batt Estate Agents, we believe in transparency and putting our clients first, so we want to help you understand what to watch out for.
What is Conditional Selling?
Conditional selling is when an estate agent makes it seem like you can only buy a property if you also use in-house or associated services like their mortgage adviser, conveyancer, or insurance provider.
While an agent does need to confirm your source of funding, regulations made under the Estate Agents Act (1979) say that all offers must be passed to the seller, and that agents cannot discriminate against buyers who do not wish to use their additional services.
An Estate Agent Should Not:
- Restrict your ability to view a property unless you are using an in-house or associated service
- Insist on an appointment with their broker to evaluate your funding and/or discuss mortgage options
- Suggest your offer will only be taken seriously if you go with their mortgage broker or solicitor
- Say your offer won’t be put forward unless you use these services
They can recommend services, but it must be clear that whether you choose to use them or not, your ability to view and make offers is not negatively affected.
How to Spot Conditional Selling
Watch out for the following phrases which are all examples of conditional selling:
- “Your offer won’t be put to the seller unless you use our mortgage adviser.”
- “The seller will only accept buyers who use our solicitor.”
- “You’ll stand a better chance if you go with our in-house services.”
Your Rights as a Consumer
- All offers must be passed by the agent to the seller promptly, whatever services you use
- You are free to choose your own mortgage broker, solicitor, or insurance provider
- You should never be disadvantaged by saying no to an agent’s recommendation
What to Do If It Happens
If you encounter conditional selling, here are the steps you can take:
Say no firmly – Make it clear you know your rights. You can even send this guide to the agent.
Keep records – Make notes of phone calls, ask the agent to put it in writing, and save all emails.
Speak to the seller if possible – They may be unaware that the agent is putting pressure on you.
Raise it with the branch manager – Sometimes it is a staff issue that can be resolved internally.
Make a formal complaint – Explain how the situation has affected you and request a resolution.
Escalate to the redress scheme – If the agent doesn’t deal with your complaint within 8 weeks, or you receive a final response you disagree with, you can refer the complaint to The Property Ombudsman or Property Redress.
Refer the issue to Trading Standards – Where business practices are potentially unlawful, Trading Standards are empowered to take action against a business that could result in penalties such as fines.
Beware of Lengthy Tie-In Clauses
Another practice to watch out for is unnecessarily long contract periods. Here in Wigan, properties typically sell (subject to contract) in an average of 27 days. So why are some agents asking sellers to sign 4-month contracts?
Lengthy tie-in clauses can lock you into working with an agent who may not be delivering results. If a property hasn’t sold within a reasonable timeframe, you should have the flexibility to try a different approach or agent.
When choosing an estate agent, always:
- Ask about the contract length
- Question why longer periods are necessary
- Ensure you understand the notice period
- Check if there are break clauses if targets aren’t met
Our Commitment to You
At Alan Batt Estate Agents, we never use conditional selling tactics, and we offer fair, reasonable contract terms that reflect the local Wigan market. Alan and the team believe in building trust through honest, ethical practices – not through pressure or manipulation.
Whether you’re buying or selling a property in Wigan, we’re here to guide you through the process with transparency and integrity. If you’re looking for an agent you can trust, get in touch with us today.
Remember: knowledge is power. Understanding your rights as a buyer helps ensure a smooth, fair property purchase. If you ever have questions about the buying or selling process, Alan and the team at Alan Batt Estate Agents are always here to help.