How to choose an estate agent on fees, contracts and tie-ins
The 2026 fee benchmark, the contract basis that matters and the clauses that cost you the sale fee.
3 mins read
08-09-2026
Written by
Editorial Team
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Estate agents are interviewed by sellers who then sign whatever contract is put in front of them, which is backwards: the fee is negotiable and the contract terms matter more than the valuation flattery. Three things decide whether the agency agreement serves you: the fee, the basis of the instruction, and the tie-in.
What the fee should look like in 2026
The Advisory's own fee research puts the average high street fee at 1.42% including VAT in 2026, with typical sole agency deals running 1.2% to 1.8% including VAT. Ask two or three agents to compete and confirm every quote includes VAT, because a fee quoted bare acquires 20% later. Cheapest is not the goal; a fee near the average with the contract terms below is. While the agents are competing, ask each for their average time to sale and their asking-to-sold price ratio on the last ten sales, because those two answers say more than any valuation.
Sole agency, not sole selling rights
These sound interchangeable and are not; the definitions come from the Estate Agents (Provision of Information) Regulations 1991, which prescribe the explanations agents must give in writing. Under sole agency, you pay the fee only if the agent, or another agent acting during the period, introduces the buyer; find a buyer entirely yourself, a neighbour or a colleague, and you owe nothing. Under sole selling rights, you pay the agent even if you find the buyer yourself. Instruct on sole agency. There is rarely a good reason for a private seller to grant sole selling rights, and on the £300,000 example below the difference is a bill for a buyer you found at a barbecue.
Scenario | Cost on a £300,000 sale |
|---|---|
Average fee (1.42%) | £4,260 |
Negotiated fee (1.2%) | £3,600 - a £660 saving |
Sole selling rights, on a buyer you found yourself | £4,260 owed for nothing |
Keep the tie-in short and count the notice period
The tie-in is how long you must stay with the agent before instructing another. Four to twelve weeks is the reasonable range; some agents push for twenty or more, which only protects a mispriced launch. Watch the notice period stacked on top: a sixteen-week tie-in with four weeks' notice is really twenty weeks off the market with a failing agent. Ask for one number in writing: the tie-in plus notice, added together. Twelve weeks total is enough for any agent who believes their own valuation, and if you sign at home you normally also have a 14-day cooling-off right.
The clause to strike
The same 1991 Regulations define the ready, willing and able purchaser clause: the agent earns the fee by finding a buyer who is prepared and able to exchange, even if the sale never happens, including because you withdraw. A family emergency, a chain collapse on your purchase, a change of heart: fee still due. Cross it out before signing or use another agent; reputable ones will drop it without a fight.
Two final checks take a minute each. Every agent must belong to one of the two approved redress schemes, The Property Ombudsman or the Property Redress Scheme, and you can check the registers online. And ask what happens to introduced buyers after the contract ends, because some agreements claim a fee if any early viewer buys months later; get that window stated and short.
Choose the agent who prices the house on comparable sold evidence rather than the highest guess, on sole agency, twelve weeks all in, no ready-willing-and-able clause. The agent finds the buyer; getting to completion is the legal side, and you can compare conveyancing quotes for your sale the same day you instruct.
