{"id":428,"date":"2026-07-16T08:49:04","date_gmt":"2026-07-16T08:49:04","guid":{"rendered":"https:\/\/advaithhomes.co.uk\/?p=428"},"modified":"2026-07-16T08:51:47","modified_gmt":"2026-07-16T08:51:47","slug":"what-estate-agents-must-tell-buyers","status":"publish","type":"post","link":"https:\/\/advaithhomes.co.uk\/what-estate-agents-must-tell-buyers\/","title":{"rendered":"What Estate Agents Must Tell Buyers"},"content":{"rendered":"\n<article>\n\n<section>\n<h2>What Estate Agents Must Tell Buyers<\/h2>\n\n<p>When buying a house, most of your early information comes from the selling estate agent. This may include the property listing, viewing details, answers to questions and updates about your offer.<\/p>\n\n<p>The estate agent works for the seller and normally receives their fee from the seller. However, this does not allow the agent to mislead buyers, hide important property information or treat buyers unfairly.<\/p>\n\n<blockquote>\n<p><strong>Simple answer:<\/strong> Estate agents must provide clear and accurate information, disclose important facts they know or should reasonably know, pass offers to the seller and explain any financial benefit they receive from recommended services.<\/p>\n<\/blockquote>\n\n<p>The legal buying process differs across the UK. References to exchange of contracts in this article mainly apply to England and Wales.<\/p>\n<br\/>\n<\/section>\n\n<section>\n<h2>The Estate Agent Represents the Seller<\/h2>\n\n<p>A selling estate agent is instructed to market the property, arrange viewings, negotiate offers and help the seller progress the sale. They are not automatically your personal property adviser.<\/p>\n\n<p>Even though the agent represents the seller, they must deal with prospective buyers fairly. They should not:<\/p>\n\n<ul>\n<li>Give false or exaggerated property information<\/li>\n<li>Hide an important problem they know about<\/li>\n<li>Invent another offer to pressure you<\/li>\n<li>Misrepresent the seller\u2019s instructions<\/li>\n<li>Discriminate against you for refusing an in-house service<\/li>\n<li>Create a false sense of urgency<\/li>\n<\/ul>\n\n<p>Always remember that friendly assistance from a selling agent is not the same as independent representation. Your conveyancer, surveyor, mortgage adviser or buying agent has a different role.<\/p>\n<br\/>\n<\/section>\n\n<section>\n<h2>What Is Material Property Information?<\/h2>\n\n<p><strong>Material information<\/strong> is information an average buyer may need to make an informed decision about a property. It could affect whether you arrange a viewing, make an offer, change your offer or continue with the purchase.<\/p>\n\n<p>Under the Digital Markets, Competition and Consumers Act 2024, businesses must not mislead consumers by giving false information or leaving out something important.<\/p>\n\n<p>There is not currently one fixed list that covers every UK property. What matters depends on the property and the circumstances. Examples may include:<\/p>\n\n<ul>\n<li>The asking price and property location<\/li>\n<li>Whether the property is freehold, leasehold or another tenure<\/li>\n<li>The remaining lease length<\/li>\n<li>Ground rent, service charges and estate management charges<\/li>\n<li>Shared ownership conditions<\/li>\n<li>Known flood risk or previous flooding<\/li>\n<li>Non-standard construction<\/li>\n<li>Building safety or cladding concerns<\/li>\n<li>Restrictions affecting the use of the property<\/li>\n<li>Shared access, private roads or parking limitations<\/li>\n<li>Known defects discovered during an earlier failed sale<\/li>\n<li>Major planned works affecting a leasehold building<\/li>\n<\/ul>\n\n<blockquote>\n<p><strong>Buyer tip:<\/strong> If a property listing is missing the tenure, lease length, service charge or another important cost, ask for the information before arranging expensive surveys or legal work.<\/p>\n<\/blockquote>\n<br\/>\n<\/section>\n\n<section>\n<h2>Property Descriptions Must Be Accurate<\/h2>\n\n<p>Estate agents must take reasonable care when describing a property. The listing, photographs, floor plan and viewing information should not create a misleading impression.<\/p>\n\n<p>An agent should not, for example:<\/p>\n\n<ul>\n<li>Describe a room as a bedroom when its status is materially questionable without clarification<\/li>\n<li>Suggest parking is included when there is no legal parking right<\/li>\n<li>Advertise a property as freehold when it is leasehold<\/li>\n<li>Use photographs intended to hide an important neighbouring feature<\/li>\n<li>State that an extension has approval without checking the available evidence<\/li>\n<li>Describe a garden as private when access rights exist across it<\/li>\n<\/ul>\n\n<p>Measurements and floor plans are often approximate, so buyers should verify anything important. However, the agent cannot rely on small print to excuse a seriously misleading description.<\/p>\n<br\/>\n<\/section>\n\n<section>\n<h2>Known Property Problems Should Not Be Hidden<\/h2>\n\n<p>An estate agent is not a surveyor and is not expected to diagnose hidden structural defects. However, if the seller informs the agent about an important problem, the agent should not conceal it from prospective buyers.<\/p>\n\n<p>The same principle may apply where an agent becomes aware of a serious issue through:<\/p>\n\n<ul>\n<li>A previous buyer\u2019s survey<\/li>\n<li>An earlier sale that fell through<\/li>\n<li>Information provided by a conveyancer<\/li>\n<li>A visible concern during the valuation or viewing<\/li>\n<li>A complaint or notice affecting the property<\/li>\n<\/ul>\n\n<p>For example, if a previous sale failed because of serious structural movement and the agent knows this, marketing the property to a new buyer without addressing the relevant information could be misleading.<\/p>\n\n<p>If the agent is still waiting for important information from the seller, they should make it clear that the information has not yet been confirmed.<\/p>\n<br\/>\n<\/section>\n\n<section>\n<h2>Estate Agents Must Pass Your Offer to the Seller<\/h2>\n\n<p>An estate agent must pass your offer to the seller promptly. This normally applies even when:<\/p>\n\n<ul>\n<li>Your offer is below the asking price<\/li>\n<li>The seller has already accepted another offer<\/li>\n<li>You are using your own mortgage adviser<\/li>\n<li>You have chosen a different solicitor<\/li>\n<li>The agent believes another buyer is in a stronger position<\/li>\n<\/ul>\n\n<p>A seller can give the agent written instructions not to pass on certain categories of offer, such as offers below a stated amount. Otherwise, the agent should provide the seller with written details of your offer.<\/p>\n\n<p>Offers can continue to be made until the sale becomes legally binding. In England and Wales, this is normally when contracts are exchanged.<\/p>\n\n<blockquote>\n<p><strong>Practical step:<\/strong> Submit your offer by email and include the price, mortgage position, deposit, chain status, proposed timescale and any conditions. Ask the agent to confirm that it has been passed to the seller.<\/p>\n<\/blockquote>\n<br\/>\n<\/section>\n\n<section>\n<h2>What Must an Agent Say About Other Offers?<\/h2>\n\n<p>An estate agent may tell you that another buyer has made an offer, but the information must be truthful. The agent must not invent, exaggerate or misrepresent competing interest to make you increase your price.<\/p>\n\n<p>The agent will not normally provide:<\/p>\n\n<ul>\n<li>The other buyer\u2019s name<\/li>\n<li>Private financial information<\/li>\n<li>A copy of the other offer<\/li>\n<li>The exact offer amount without authority<\/li>\n<\/ul>\n\n<p>If you are told there is another offer, you can ask whether it is confirmed, whether the seller has accepted it and whether the seller has requested best and final offers. The agent may not be able to answer every question because they must also respect confidentiality.<\/p>\n<br\/>\n<\/section>\n\n<section>\n<h2>You Do Not Have to Use the Agent\u2019s Services<\/h2>\n\n<p>Many estate agencies recommend an in-house or partner mortgage broker, conveyancer, surveyor, insurer or removal company. You are free to consider these services, but you do not normally have to use them.<\/p>\n\n<p><strong>Conditional selling<\/strong> happens when an agent unfairly suggests that your offer will only be passed on or properly considered if you use a recommended service.<\/p>\n\n<p>The Property Ombudsman\u2019s guidance says buyers should be free to choose their own:<\/p>\n\n<ul>\n<li>Mortgage adviser<\/li>\n<li>Mortgage lender<\/li>\n<li>Solicitor or licensed conveyancer<\/li>\n<li>Surveyor<\/li>\n<li>Insurance provider<\/li>\n<\/ul>\n\n<p>The agent can reasonably ask for evidence that you can afford the property. This may include proof of deposit, an agreement in principle or confirmation of your chain position. Financial qualification must not be used simply to pressure you into buying an in-house service.<\/p>\n<br\/>\n<\/section>\n\n<section>\n<h2>Referral Fees Must Be Disclosed<\/h2>\n\n<p>An estate agent may receive a payment or another financial benefit for introducing you to a mortgage broker, conveyancer, surveyor or insurance provider. This is called a <strong>referral fee<\/strong>.<\/p>\n\n<p>The referral arrangement should be explained clearly and before you decide whether to use the recommended company. Good disclosure should tell you:<\/p>\n\n<ul>\n<li>That a commercial referral arrangement exists<\/li>\n<li>Which company is involved<\/li>\n<li>What service is being recommended<\/li>\n<li>The referral payment or financial benefit received<\/li>\n<li>That you are free to choose another provider<\/li>\n<\/ul>\n\n<p>A recommendation may still be useful, but compare the service, price, experience and independence before agreeing.<\/p>\n<br\/>\n<\/section>\n\n<section>\n<h2>Personal Interests and Conflicts Must Be Declared<\/h2>\n\n<p>If the estate agent, an employee or a connected person has a personal interest in the property transaction, that interest should be declared in writing.<\/p>\n\n<p>For example, disclosure may be required where:<\/p>\n\n<ul>\n<li>The property belongs to an employee of the agency<\/li>\n<li>The agent or a connected person wants to buy the property<\/li>\n<li>An employee is related to the seller<\/li>\n<li>The agency has another financial interest in the transaction<\/li>\n<\/ul>\n\n<p>This helps buyers understand whether the person handling the sale could benefit personally from the outcome.<\/p>\n<br\/>\n<\/section>\n\n<section>\n<h2>What the Estate Agent Does Not Confirm for You<\/h2>\n\n<p>Even a helpful estate agent cannot replace your own professional checks. The agent does not normally guarantee:<\/p>\n\n<ul>\n<li>The structural condition of the building<\/li>\n<li>That electrical, gas or drainage systems are safe<\/li>\n<li>That every alteration has the correct consent<\/li>\n<li>That property boundaries are legally accurate<\/li>\n<li>That a lease is acceptable to your mortgage lender<\/li>\n<li>That future planning applications will not affect the area<\/li>\n<li>That the property is worth the asking price<\/li>\n<\/ul>\n\n<p>Your conveyancer should investigate the title, searches, contract and seller\u2019s replies. Your surveyor should assess the property\u2019s visible condition. Specialist inspections may be needed where a particular risk is identified.<\/p>\n<br\/>\n<\/section>\n\n<section>\n<h2>Questions to Ask the Estate Agent<\/h2>\n\n<details>\n<summary><strong>Property information<\/strong><\/summary>\n<ul>\n<li>What is the property\u2019s tenure?<\/li>\n<li>How long remains on the lease?<\/li>\n<li>What are the service charge, ground rent and estate charges?<\/li>\n<li>Are any major works or unusual costs expected?<\/li>\n<li>Is the construction standard or non-standard?<\/li>\n<\/ul>\n<\/details>\n\n<details>\n<summary><strong>Problems and previous sales<\/strong><\/summary>\n<ul>\n<li>Has a previous sale fallen through?<\/li>\n<li>Do you know why the previous buyer withdrew?<\/li>\n<li>Has the agent been told about flooding, subsidence or another major defect?<\/li>\n<li>Are any important documents or property details still outstanding?<\/li>\n<\/ul>\n<\/details>\n\n<details>\n<summary><strong>Offer and chain<\/strong><\/summary>\n<ul>\n<li>Has my offer been passed to the seller?<\/li>\n<li>Has the seller accepted another offer?<\/li>\n<li>What is the seller\u2019s chain position?<\/li>\n<li>What completion timescale is the seller expecting?<\/li>\n<li>Will the property remain on the market after an offer is accepted?<\/li>\n<\/ul>\n<\/details>\n\n<p>Ask important questions by email and give the answers to your conveyancer. Verbal information can be misunderstood and may be difficult to prove later.<\/p>\n<br\/>\n<\/section>\n\n<section>\n<h2>What to Do If an Agent Withholds Information<\/h2>\n\n<p>If you believe an estate agent has misled you, hidden important information or failed to pass on your offer:<\/p>\n\n<ol>\n<li>Ask the agent for a written explanation.<\/li>\n<li>Keep the property listing, emails, messages and offer records.<\/li>\n<li>Use the agency\u2019s formal complaints procedure.<\/li>\n<li>Check which approved property redress scheme the agency belongs to.<\/li>\n<li>Escalate an unresolved complaint to the relevant redress scheme.<\/li>\n<li>Report serious consumer protection concerns to Trading Standards where appropriate.<\/li>\n<\/ol>\n\n<p>If the issue has caused a substantial financial loss, obtain advice promptly and preserve all available evidence.<\/p>\n<br\/>\n<\/section>\n\n<section>\n<h2>The Key Point for Buyers<\/h2>\n\n<blockquote>\n<p><strong>Remember:<\/strong> The estate agent represents the seller, but must still communicate honestly, disclose material information, pass on offers fairly and explain commercial relationships.<\/p>\n<\/blockquote>\n\n<p>Do not rely on the property listing alone. Ask clear questions, obtain written answers and complete independent legal, financial and survey checks before exchange.<\/p>\n\n<p>ADVAITH HOMES can help you prepare the right questions, understand property information and identify areas that may need further professional investigation.<\/p>\n<br\/>\n<\/section>\n\n<section>\n<h2>Official Information<\/h2>\n\n<p>Read more through the <a href=\"https:\/\/www.gov.uk\/government\/consultations\/material-information-in-property-listings\/material-information-in-property-listings\" target=\"_blank\" rel=\"noopener\">GOV.UK material information guidance consultation<\/a>, the <a href=\"https:\/\/www.gov.uk\/selling-a-home\/estate-agents\" target=\"_blank\" rel=\"noopener\">GOV.UK estate agent guidance<\/a> and <a href=\"https:\/\/www.tpos.co.uk\/2026\/01\/new-guidance-to-help-home-buyers-avoid-conditional-selling\/\" target=\"_blank\" rel=\"noopener\">The Property Ombudsman\u2019s conditional selling guidance<\/a>.<\/p>\n<br\/>\n<\/section>\n\n<\/article>\n","protected":false},"excerpt":{"rendered":"<p>What buyers should know about estate agent disclosures, misleading property details, known issues, offers, and information agents should not hide.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-428","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/advaithhomes.co.uk\/api\/wp\/v2\/posts\/428","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/advaithhomes.co.uk\/api\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/advaithhomes.co.uk\/api\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/advaithhomes.co.uk\/api\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/advaithhomes.co.uk\/api\/wp\/v2\/comments?post=428"}],"version-history":[{"count":3,"href":"https:\/\/advaithhomes.co.uk\/api\/wp\/v2\/posts\/428\/revisions"}],"predecessor-version":[{"id":483,"href":"https:\/\/advaithhomes.co.uk\/api\/wp\/v2\/posts\/428\/revisions\/483"}],"wp:attachment":[{"href":"https:\/\/advaithhomes.co.uk\/api\/wp\/v2\/media?parent=428"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/advaithhomes.co.uk\/api\/wp\/v2\/categories?post=428"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/advaithhomes.co.uk\/api\/wp\/v2\/tags?post=428"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}