Agent Restrictions on Conveyancer Choice

In the world of real estate, the process of buying or selling a property can often be complex and filled with unexpected challenges. One such challenge that potential purchasers may face is when an estate agent or new build agent refuses to entertain an offer because the buyer is looking to engage a conveyancer who is not known or who the agent claims will only lead to a delay in the sale.

Understanding The Legal Obligations of Estate Agents

Under the Estate Agents Act, estate agents are legally obliged to pass on all offers from prospective buyers to the selling party in a prompt manner. This obligation stands right up until the point of contract exchange. Importantly, agents are also required to pass on these off sers in writing within twenty-four hours, unless the seller has explicitly instructed the agent not to contact them about certain offers.

The Act further states that agents must not discriminate against a prospective purchaser on the grounds that they will not be, or are unlikely to be, accepting connected services from the agent. This means that an estate agent who willingly refuses your offer based on your choice of solicitor is in breach of this code of conduct.

Potential Consequences for Non-compliance

Failure to comply with these requirements can trigger enforcement action, leading to serious consequences for the estate agent or new build agent involved. This could result in a business or individual employees being liable for a warning or prohibition order, which would affect their ability to engage in estate agency work in the future.

If you find yourself in a situation where an agent is refusing to put forward your offer due to your choice of conveyancer, it's important to know that you can report instances of discrimination or failure to pass on offers. Consumers can do this via Consumer advice – GOV.UK, while businesses or other organisations can report via Contact us (bristol.gov.uk).

A Word from David Pett, Solicitor of MJP Conveyancing

David Pett, a Solicitor of MJP Conveyancing, a national provider of conveyancing services, underscores the importance of understanding your rights as a potential buyer. He says, "It's crucial to remember that the choice of conveyancer is ultimately yours as a buyer. No agent should refuse your offer based on your chosen conveyancer. If you encounter such a situation, don't hesitate to report it. Your path to homeownership should be free from unfair practices."

While navigating the property market can be a challenging endeavour, it's important to understand your rights and the obligations of estate agents. Don't let an agent's bias towards a particular conveyancer deter you from pursuing your dream home.