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This information applies to England, Wales and Northern Ireland
Using an estate agent
If an estate agent is selling a property for you, there is a contractual agreement between the estate agent and you. If you have a problem with an estate agent it is usually necessary to check a copy of any written agreement between you and the estate agent and establish what verbal agreements, if any, were made.
As the seller, you pay the estate agent for their services and the estate agent is therefore acting on your behalf. It is your interest they will represent and the buyer should bear this in mind if they are interested in a house being sold through an estate agent.
The bill is too high
You may think that the bill from the estate agent, after the sale is completed, is too high. It is important to check that the bill gives a clear breakdown of the costs, for example, the commission fee, advertising, VAT. The bill should then be compared to the original agreement between you and the estate agent.
If as the seller you cannot agree the amount of the estate agents’ bill you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
You decide not to sell
If you decide not to continue with the sale of your home, you may have to pay some estate agents’ charges, for example, to cover any costs the estate agent has already incurred. This will depend on the original contract between the seller and the estate agent.
If you dispute the amount the estate agent is charging, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
You want to use an additional estate agent
If you have been using one estate agent this is known as ‘sole agency’. When you agree a sole agency with an estate agent the contract will usually state how long this period of sole agency will last. At the end of this period you are free to use one or more additional estate agents.
If you use one or more additional estate agents before the period of sole agency has come to an end, you are breaking the contract with the original estate agent. This means that if the new estate agent finds a buyer for the house you would have to pay commission not only to the new estate agent but also to the agent with whom you had the sole agency agreement. If the original agent found a buyer, the amount of commission that the seller would have to pay to the new estate agent would depend on the type of agreement you had with them.
However, you may be able to negotiate changing the sole agency agreement to a joint sole agency agreement with the original estate agency.
For information about different types of agency agreements, see Selling a home.
You want to change estate agents
You may want to change your estate agent. You should check the terms of the agreement you have with the estate agent to see if this is possible. If it is possible you may still have to pay some charges to the estate agent to cover costs, such as advertising, that the estate agent has incurred.
If you dispute the amount the estate agent is charging, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
You have found your own buyer
You may have found your own buyer for the property who has not come through the estate agent, for example, a friend may want to buy the property. You are entitled to sell to a buyer who has not been found by the estate agent but you may find that you will still have to pay the estate agent. What you have to pay will depend on the contract.
You are not satisfied with the service provided
You may not be satisfied with the service the estate agent is providing, for example:-
- the estate agent may not be sending out details of your property to potential buyers
- the advertising is not what you wanted
- the details about the house are inaccurate or inadequate
- the estate agent is discriminating against you because of your race, sex, disability, sexuality or religion.
You may wish to consider complaining to the estate agent in writing or changing to a different estate agent.
If you are not satisfied with the estate agent's response to your complaint, you might be able to complain to the Ombudsman for Estate Agents.
Estate agents aren't allowed to discriminate against you because of your race, sex, disability, sexuality or religion. For example, they can't refuse to show you a certain property because the owner doesn't want to sell to Muslims and they can't make racist or sexist remarks. If an estate agent discriminates against you for one of these reasons, you can complain to the estate agent's company and may be able to make a complaint to the Ombudsman.
For more information about the Ombudsman for Estate Agents, in England, see How to use an ombudsman in England, in Wales, see How to use an ombudsman in Wales or in Northern Ireland, see How to use an ombudsman in Northern Ireland.
If you are not satisfied with the estate agent’s response to your complaint, you could consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
The buyer or seller has lost money because of the estate agent
The buyer or seller may think they have lost money because:-
- the buyer’s deposit was not returned to them by the estate agent, if the sale fell through
- the buyer’s deposit, kept by the estate agent, was not passed onto the seller on completion
- the seller believes that their property was sold for less money than it was worth and this was the estate agent’s fault.
If you think that you have lost money because of the estate agent, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
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Surveyors and valuers
Carrying out the survey and/or valuation
If you are selling your property a potential buyer will usually want a valuer and/or surveyor to inspect the property. You will have to allow the valuer/surveyor to look round the property if you want the sale to go ahead.
The circumstances in which a surveyor or valuer can be held legally responsible for any financial loss suffered by the buyer as a result of the survey or valuation are limited and you should consult an experienced adviser if you think that the surveyor or valuer is responsible. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
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Building societies and other lenders
Difficulty in getting a mortgage
As the buyer, you may be having difficulty in getting a mortgage, for example, your salary is not enough or the property is unusual. Different lenders have different rules about giving mortgages and it may be worth you trying some other lenders.
It's against the law for a lender to discriminate against you because of your race, sex, disability, sexuality or religion. For example, a lender can't refuse to give you a mortgage for one of these reasons, or to give you a mortgage on worse terms than someone else for one of these reasons.
Valuation is less than the purchase price of the house
The lender may decide that the security value of the house is less than the amount that you have agreed to pay for it. This means that the lender will not lend as much money as you had requested. You may therefore try to negotiate a lower price with the seller. If the seller will not drop the price and you still want to go ahead with the purchase, you may have to borrow the difference from elsewhere if you do not have the extra money available.
If the seller will not lower the price or you cannot pay the difference, you may consider if another lender would give the house a higher valuation.
Delays in getting a mortgage offer
There may be a delay in the lender making a formal mortgage offer to you. Until the mortgage offer is made, contracts cannot be exchanged. You should contact the lender to find out if there is any reason for the delay, for example, the lender is waiting for salary details from your employer. It may be possible for you to do something about the problem, for example, contacting your employer yourself.
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Problems with the buyer
The offer to buy is withdrawn
The buyer may withdraw the offer they have made before contracts are exchanged. Until contracts are exchanged, the buyer is under no legal obligation to buy the home and does not have to pay for any of the costs that you as the seller may have incurred. However, you may wish to ask the buyer to contribute towards these costs.
The price offered is reduced
The buyer may decide to reduce the offer they have made for the house. If they do this before contracts are exchanged it is up to you as the seller to decide whether or not you want to accept this lower offer. However, once contracts have been exchanged the buyer is legally committed to paying the price stated in the contract. If they try to drop the price at this stage, you do not have to accept this lower price. If the sale then is not completed the buyer will forfeit the 10% deposit they paid when contracts were exchanged and you could also sue the buyer for any additional loss.
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Problems with the seller
The seller gazumps the buyer
The seller may accept an offer for their house and then inform you as the buyer that they have been offered a higher price by someone else. This is known as ‘gazumping’. You may decide to offer a higher price in order to try and secure the house but there is no guarantee that you will not be gazumped again. There is nothing illegal about gazumping and the purchase price of a house is only legally settled when contracts are exchanged. You may however have entered into an agreement with the seller that the seller will not consider other offers during a set period before the exchange of contracts. If such an agreement exists, and you are gazumped during this period, you will be able to sue the seller for breach of contract.
The seller withdraws their acceptance of the offer
The seller may withdraw their acceptance of the offer anytime before contracts are exchanged, for example, they have found another buyer or have decided not to sell. There is nothing you as the buyer can do about this but you could ask the seller for a contribution towards any costs you have incurred, for example, survey fees.
The seller accepts more than one offer (contract race)
The seller may accept more than one offer and instruct their solicitor to send draft contracts to more than one potential buyer. The solicitor must inform all potential buyers that more than one contract has been sent out and that the first contract which is returned, signed and ready for exchange, will get the house. This is known as a contract race and is quite legal. There is nothing you as the buyer can do except withdraw if you do not want to incur the necessary costs in getting the contract completed quickly.
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The buyer or seller is involved in a chain of buying and selling
A buyer or seller may find that they have problems because they are involved in a chain of buying and selling. This happens when a buyer or seller is selling and/or buying at the same time and the other people involved are also buying and selling. This creates a chain of buyers and sellers which may be very long.
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Solicitors and licensed conveyancers
Licensed conveyancers are only available in England and Wales.
Delays in conveyancing
As the buyer or seller you may think that there is an unreasonable delay in the conveyancing. You should find out from your solicitor or licensed conveyancer the reason for any delay.
If you are not satisfied with your solicitor or licensed conveyancer’s response, you may wish to consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Interest on deposits
When a buyer pays a deposit on a property this is held by the seller’s solicitor or licensed conveyancer. Any interest earned on the deposit during the period is kept by the solicitor or licensed conveyancer and should be passed on to the seller at completion. The seller may need to ask for the interest as it is not always passed on. If the solicitor or licensed conveyancer refuses to pass on the interest, in England and Wales, the seller should take this up with the Legal Complaints Service or the Council for Licensed Conveyancers. In Northern Ireland, the seller should take it up with the Law Society.
For information about complaints about solicitors, see Using a solicitor.
For the address of the Council for Licensed Conveyancers, see Buying a home.
The bill for the conveyancing is too high
If you as the buyer or seller think that the solicitor or licensed conveyancer’s bill is too high, you should not pay the bill but should first check that all the various costs are clearly itemised. You should ask the solicitor or licensed conveyancer to explain anything you do not understand. If you are still not satisfied with the amount of the bill, you may wish to consider taking further action against the solicitor or complaining to the Council for Licensed Conveyancers.
For information on how to dispute a solicitor’s bill, see Using a solicitor.
For the address of the Council for Licensed Conveyancers, see Buying a home.
The buyer thinks the solicitor or licensed conveyancer has been negligent
As the buyer you may think that the solicitor or licensed conveyancer has been negligent, for example, after the sale has been completed, you may discover there is a problem with the boundary wall or there is a road widening scheme that will reduce the size of the garden and this might mean that the value of your house was reduced. In England and Wales, if this happens and you want compensation, you should seek legal advice about suing the conveyancer. If you have a complaint regarding poor service or behaviour, you should follow any internal complaints procedure of the firm concerned. If you are not happy with the outcome you should complain to the Legal Complaints Service (LCS) if you used a solicitor, or the Council for Licensed Conveyancers if you used a licensed conveyancer. You may be able to get compensation. In Northern Ireland, problems with conveyancing are dealt with by the Law Society of Northern Ireland.
For more information about the LCS, see Using a solicitor.
For the address of the Council for Licensed Conveyancers, see Buying a home.
For the address of the Law Society of Northern Ireland, see Using a solicitor.
If you are not satisfied with the result of your complaint, you may wish to consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
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Problems with the property
The buyer is dissatisfied with the state the property was left in
As the buyer you may be dissatisfied with the state of the property when you move in, for example, it is dirty. There is nothing you can do about this because the seller is under no legal obligation to leave the house in a clean state. However, the seller is under an obligation to empty the house of all their furniture and belongings. If the seller has left some belongings in the house you should ask the seller to remove them. If the seller cannot or will not remove the items you will have to arrange to have them moved. Moving the items may cost you money and you could try to recover this from the seller. However, if the seller refuses to cover the costs you may have to take the seller to court to recover the money and this is unlikely to be worthwhile.
The seller’s property is worth less than they paid for it (negative equity)
As the seller you may find that the value of your house has dropped since you bought it. This may mean that if you sell it at its current value you will still owe money to your lender. This is called ‘negative equity’.
There are a number of different schemes which have been designed to help someone with negative equity. For example, it may be possible to transfer the existing mortgage to a new property rather than pay it off and take out a new one. Different lenders will offer different schemes and you should discuss the situation with your lender.
Furniture and fittings have been removed
The seller must leave all the fixtures, for example, a fireplace, and any fittings that they agreed would either be included in the sale or paid for separately, for example, fitted carpets. If as the buyer you find that something has been removed you should check with your solicitor or licensed conveyancer whether or not the item should have been left. The solicitor or licensed conveyancer may be able to resolve the problem.
If the problem is not resolved, you should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Damage to the property after exchange of contracts
Damage caused between exchange and completion
A house may be damaged after contracts have been exchanged but before the sale is completed, for example, a burst pipe or a broken window. It is the seller’s responsibility to inform the buyer of any damage. It is however the buyer’s responsibility to insure the property from the date of exchange of contracts and to have the repairs carried out. The buyer will then have to make a claim on their insurance policy.
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Discrimination
If someone is selling their home through an estate agent, they can't refuse an offer from someone just because of their race, sex, disability, sexuality or religion. This would be discrimination and it's against the law.
However, someone selling a property directly to you without going through an estate agent can discriminate in this way.
For more information about race discrimination, see Taking action about race discrimination.
For more information about sex discrimination, see Taking action about sex discrimination.
For more information about disability discrimination, see Disability discrimination.
In England and Wales, for more information about discrimination because of your sexuality, see Discrimination because of sexuality.
In England and Wales, for more information about religious discrimination, see Discrimination because of religion or belief.
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