What to do if your estate agent lets you down – advice from Yorkshire property solicitor

A recent undercover investigation by BBC Panorama has shone an unflattering light on the practices of some UK estate agents, raising serious questions about professionalism, transparency, and legality within the industry.

A recent undercover investigation by BBC Panorama has shone an unflattering light on the practices of some UK estate agents, raising serious questions about professionalism, transparency, and legality within the industry. Mark Laird, Partner and Head of Property at Morrish Solicitors, breaks down the issues and offers advice to consumers who feel let down by their estate agents.

In the programme, a reporter posed as a prospective home buyer and seller at two separate estate agencies. What they uncovered has prompted consumer concern and industry reflection, particularly around practices such as "conditional selling" and the inflation of property valuations to win business.

Conditional selling — an illegal practice on the rise

At the heart of the Panorama report was “conditional selling”, a practice where estate agents allegedly withhold offers from sellers unless buyers agree to use the agency’s recommended mortgage broker or solicitor.

Mark Laird says: “This kind of behaviour isn’t just unethical, it’s unlawful. Estate agents are legally required to pass all offers to the seller, regardless of whether the buyer agrees to use in-house services.”

The Estate Agents Act 1979 mandates that every offer must be presented to the seller, regardless of any third-party service affiliations. However, with traditional agents under pressure from low-cost online competitors, some have resorted to boosting income through commissions from solicitors and brokers.

Laird adds: “Consumers deserve freedom of choice. Forcing buyers into using certain providers limits competition and can lead to worse financial outcomes. Sellers may end up with fewer offers, and buyers might lock into deals that aren’t in their best interest.”

Overvaluing to win business

The documentary also highlighted another concerning trend: overvaluing properties to entice homeowners to list with a particular agent. In some cases, valuations were inflated far beyond market rates.

“This practice gives sellers false hope and can seriously damage their ability to sell,” says Laird. “It’s a short-term tactic that rarely benefits anyone except the agent trying to secure a listing.”

Properties listed above their realistic value often languish on the market, only to require price reductions later, sometimes after losing the interest of serious buyers.

What to do if you’re concerned

If you suspect your estate agent is not acting in your best interests, the first step is to raise your concerns directly with them.

Laird advises: “Make your complaint in writing. Be clear about what went wrong, what outcome you’d like, and provide any supporting evidence.”

If the matter remains unresolved, you have the right to escalate it to an independent redress scheme. All estate agents must be a member of either The Property Ombudsman or the Property Redress Scheme. Complaints must usually be submitted within 12 months of receiving the agent’s final response.

For serious misconduct, such as breaches of the law or regulatory guidelines, you can also report the matter to the National Trading Standards Estate and Letting Agency Team , which is empowered to take enforcement action and even ban agents found guilty of malpractice.

Industry reaction

The estate agents featured in the programme have denied wrongdoing and criticised the investigation’s portrayal. Nonetheless, the National Trading Standards team has urged consumers to report any misconduct and confirmed they are reviewing the findings.

Laird concludes: “There’s a growing need for stronger regulation and better enforcement across the property sector. Until then, it’s essential that buyers and sellers know their rights and don’t hesitate to speak up when things don’t feel right.”

Learn more

To find out more about Morrish Solicitors’ residential property and conveyancing services, call 033 3344 9600 or email [email protected]. Morrish Solicitors also has branches at 51a High Street in Yeadon and at 9 Lowtown in Pudsey.