Residential Property Sales Terms and Conditions

These documents are designed for use by Residential Estate Agencies. They offer a comprehensive and extensive range of templates and documents useful for Residential Estate Agents.

Terms and Conditions Templates

The selection of Terms and Conditions range from Sole Selling Rights (where the agent is entitled to commission even if the Seller finds a buyer himself); Sole Agency (where only one agent is appointed); Joint Sole Agency (where the Seller appoints two agents), and Multiple Agency (where the seller appoints a number of agents).

Appointment Forms

There are also a range of professionally drafted Appointment Forms for Sole Selling Rights, Sole Agency, Joint Sole Agency and Multiple Agency. The Terms and Conditions used in conjunction with the Appointment forms create a contract between the Seller and the Estate Agent.

The Terms and Conditions and Appointment Forms can be placed on the Agent’s website but they must also be provided to Sellers or made available in hard copy. An agency contract is formed by the Seller completing and signing the Appointment Form, confirming acceptance of the Terms and Conditions, and the Agent signing to confirm the appointment.

The documents have been drafted taking account of relevant legislation and guidance and industry best practice.

Unfair Commercial Practices

Estate Agents must comply with Consumer Protection Regulations which are designed to ensure fairness, honesty, and transparency in property transactions. Guidance Notes: Unfair Commercial Practices and Material Information for Estate and Lettings Agents provides an overview of the Regulations for estate and lettings agents.

Anti--Money Laundering for Residential Estate and Lettings Agents

To support your agency's Anti-Money Laundering (AML) compliance, there is a full range of AML template policies, Guidance, and documents for estate and lettings agencies.

Breaches of AML regulations can result in unlimited fines, and in some cases, criminal prosecution so it is important for Estate Agencies have appropriate policies and documents in place. The AML templates, policies, and supporting documents have been updated to reflect current industry best practices and the latest regulatory guidance.

Lettings Agents are classified as ‘relevant firms’ under the Sanctions and Anti-Money Laundering Act 2018, which imposes significant compliance obligations on them. This suite of documents reflects these obligations, supports ongoing compliance and assists in understanding AML regulations.

Please select from the range of options below to find the documents most relevant to your agency’s needs:

Residential Property Sales Terms and Conditions is part of Property. Just £38.50 + VAT provides unlimited downloads from Property for 1 year.

Frequently Asked Questions

What is the difference between sole agency and sole selling rights in an estate agency contract? +

They decide when the seller must pay commission. Under sole agency the seller pays if the agent introduces the buyer who completes, but not if the seller finds the buyer themselves. Under sole selling rights the seller pays whoever finds the buyer, including the seller, during the agreement. Because the two are easy to confuse, the Estate Agents (Provision of Information) Regulations 1991 require the agent to explain them using set statutory wording. The sole selling rights and sole agency templates include that wording.

I want to instruct more than one agent to sell my house. Which agreement is that? +

That is multiple agency, where the seller appoints several agents and only the one who introduces the buyer that completes earns commission. Joint sole agency is different: two named agents share a single instruction and usually split one fee. Multiple agency fees tend to be higher because only the successful agent is paid. The multiple agency and joint sole agency templates set out the commission basis for each.

What do I have to tell a seller before they sign, as an estate agent? +

Before the seller is committed you must give your terms of business, state when commission becomes payable and how it is calculated, list any services you charge for and disclose any personal interest in the sale. This is required by the Estate Agents Act 1979 and the 1991 information regulations. Getting it wrong can make the fee unenforceable without a court's permission, so the appointment forms are built to capture these disclosures.

Do I have to disclose problems with a property I am marketing, like flood risk? +

Yes. You must not mislead buyers and must disclose information that would affect a decision to buy, such as flood risk, a short lease or a restrictive covenant. Since 6 April 2025 this duty sits under the Digital Markets, Competition and Consumers Act 2024, which replaced the Consumer Protection from Unfair Trading Regulations 2008. A misleading action or omission can be an offence. The guidance note on unfair commercial practices explains what to disclose.

When can I claim my commission if the buyer pulls out after the deal is agreed? +

It depends on the wording. Well drafted terms make commission payable on completion, not merely on introducing a ready, willing and able purchaser, because that phrase can make a fee due even if the sale falls through and it too must be explained in the statutory wording. Check whether your terms say completion or introduction. The templates let you set completion as the trigger to avoid disputes.

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