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Estate agents and making an offer

Estate agents usually act on behalf of the seller, but must also treat buyers fairly. Find out what the process is for making an offer on a property and how to make a complaint

Working with estate agents

Using an estate agent is a common way to find a property to buy. Different estate agents specialise in different types of property, so find out if the estate agent you want to use is selling the type of property you are interested in. Estate agents enter into a contract with the seller to sell their property, so be aware that they will be acting in their client’s best interests. However, they must also treat buyers fairly.

Anyone selling a property must provide an Energy Performance Certificate (EPC). Find out more about EPCs in the link below:

How to decide how much to offer

You can offer the exact asking price or more or less than the asking price. What you offer will depend on:

  • whether you think the seller is asking a fair price for the property
  • how quickly the seller wants to sell the property
  • how many other offers the seller has had
  • how much you want to buy the property
  • how much repair or renovation work you will need to do

Making an offer

If the seller is using an estate agent, you will have to make the offer through the estate agent. If the property is being sold privately, make the offer directly to the seller. You can make the offer verbally (over the phone or in person) or in writing.

Clearly explain your reasons if you are offering less than the asking price. You can also explain any factors you think will make your offer more attractive – for example, if you can move quickly.

If you make an offer on a property, make sure that it is 'subject to contract'. This means you can pull out of the deal if there are any problems.

Once your offer is accepted, ask for the property to be taken off the market for the duration of the sale. This is one step you can take to try to avoid being 'gazumped'. The seller may be reluctant to do this if you haven't already sold your property.

Estate agents' responsibilities

Under the Estate Agents Act, an estate agent is legally bound to present any offer promptly and in writing to the person selling the house, unless the seller has said in writing that there are some offers that they do not wish to receive.

If an estate agent is registered with the NAEA or is a member of the Property Ombudsman scheme, they have to abide by a code of practice.  All estate agents are bound by the Estate Agents Act, whether or not they are registered with a governing body. Please use the links below to see the Estate Agents Act and to visit the NAEA website, where you will find more information:

If you have a complaint about the conduct of an estate agent you can contact The Property Ombudsman. The Property Ombudsman provides an independent service for dealing with disputes between estate agents who are members of the Ombudsman Scheme, and consumers who are actual or potential buyers or sellers of residential property in the UK.

The Property Ombudsman will advise on alternative routes to take if the estate agent you wish to complain about is not a member. For more information, please use the link below to visit the Property Ombudsman's website:

You can also contact the trading standards department of your local council. You can find contact details of your local council through the link below:

More useful links