Do you know what an estate agent’s legal obligations are to buyers? When you are buying a home, it is important to know that your estate agent is there to support you as well as the seller. Estate agents are instructed by, and act on behalf of, the seller. However, that does not mean they have no responsibilities to you as the buyer.
In fact, estate agents must follow strict legal rules designed to ensure buyers are treated fairly, given accurate information, and protected from misleading or aggressive practices.
Here’s what you need to know about an estate agent’s legal obligations to buyers.
The Consumer Protection Rules Estate Agents Must Follow
The key legislation governing estate agents’ behaviour towards buyers is the Consumer Protection from Unfair Trading Regulations 2008 (often referred to as CPRs).
These regulations make it illegal for estate agents to:
- Provide misleading information
- Omit “material information” that would affect a buyer’s decision
- Act aggressively or apply undue pressure
- Engage in unfair commercial practices
In addition, agents must comply with the Estate Agents Act 1979, which regulates how estate agency work is conducted, including the handling of offers and conflicts of interest.
Breaching these laws can result in enforcement action by Trading Standards, unlimited fines, banning orders, and in serious cases, criminal prosecution.
Material Information: What Must Be Disclosed Upfront?
In recent years, the rules around property listings have tightened significantly. Following guidance byTrading Standards and the Competition and Markets Authority, agents must now provide “material information” upfront, information that would influence the average buyer’s decision to view, offer or proceed.
Part A – Information that must always be included:
- The asking price
- Council tax band rate
- Tenure information – freehold or leasehold
- Any due reservation fees
- Percentage of shares offered for shared ownership properties, along with the amount of rent due on the unsold shares.
Since the changes in 2022, properties can no longer be marketed without a price. Estate agents cannot list a property with Price on Application (POA) or offers invited.
Part B – Information that must be disclosed where applicable:
- Physical characteristics (e.g. property type, number of bedrooms)
- Utilities (water, electricity, gas, sewerage)
- Heating type
- Broadband availability (where known)
- Parking arrangements
Part C – Specific risks and restrictions (where relevant):
- Flood risk
- Restrictive covenants
- Conservation area status
- Listed building status
- Rights of way
- Building safety issues
- Coal mining risk (where applicable)
If an agent is aware, or should reasonably be aware, of such matters, they must disclose them clearly and in a timely manner.
Transparency from the outset helps reduce fall-throughs and protects both sellers and buyers.
Leasehold Properties: Extra Legal Requirements
Leasehold homes require even more detailed upfront information. Before the change in regulations, some details about leasehold properties were not available to the buyers until the conveyancing stage; however, this is no longer the case. Estate agents must now provide buyers with:
- Remaining lease length
- Annual ground rent
- Service charge costs
- Any known review clauses
- Details of shared ownership arrangements (if applicable)
- Known special conditions affecting the lease
Accurate Descriptions and Marketing
Estate agents must ensure property descriptions are accurate and not misleading.
For example:
- A home cannot be described as “recently renovated” if only cosmetic changes have been made.
- Photos must reflect the property’s current condition.
- Floorplans must be accurate and not exaggerated.
Misrepresentation, whether deliberate or accidental, can amount to a criminal offence under consumer protection law.
Passing on Offers
Under the Estate Agents Act 1979, agents are legally required to:
- Pass on all offers to the seller promptly and in writing
- Continue doing so right up until exchange of contracts
The only exception is if the seller has given clear written instructions not to be notified about certain offers (for example, below a specified figure).
Agents must not:
- Delay an offer
- Withhold an offer
- Favour buyers who agree to use in-house services
- Misrepresent the position of competing offers
Pressuring a buyer to use an in-house mortgage broker or solicitor as a condition of their offer being put forward is unlawful.
Equal Treatment and No Discrimination
Estate agents must treat all buyers fairly and without bias. They cannot:
- Prioritise buyers who use their financial services
- Discriminate against buyers
- Mislead sellers about the strength of an offer
- Give preferential access unfairly
Transparency is essential to maintaining trust in the transaction.
What Happens if an Estate Agent Breaks the Rules?
If an estate agent fails to meet their legal obligations, buyers can:
- Complain directly to the agency (using their formal complaints process)
- Escalate to their redress scheme
All estate agents must legally belong to an approved redress scheme, such as:
- The Property Ombudsman
- Property Redress Scheme
If the agent is a member of Propertymark, you can also raise concerns regarding breaches of professional standards.
Trading Standards may also investigate serious breaches of consumer protection law.
What This Means for Buyers
In today’s property market, estate agents must:
- Provide clear and complete material information upfront
- Avoid misleading statements or omissions
- Pass on all offers promptly
- Act fairly and without discrimination
- Belong to a government-approved redress scheme
The direction of legislation is clear: greater transparency, earlier disclosure, and stronger consumer protection.
Why This Matters
Buying a home is one of the biggest financial decisions you will ever make. While estate agents act for the seller, the law ensures buyers are protected from unfair practices.
At DDM Residential, we believe clarity and openness benefit everyone involved. Providing accurate, compliant, and transparent information from day one helps reduce stress, avoid delays, and create smoother transactions.
If you have any questions about a property or your rights as a buyer, our team is always happy to help.
