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The Estate Agents Act 1979 requires the contract to disclose the agent's commission rate or fee structure, the circumstances in which commission becomes payable, any referral fees or personal interests in the transaction, and the definition of 'introduced buyer' used to determine when commission is earned. Failure to make these disclosures can make the commission unenforceable and expose the agent to prosecution.

The three main types are sole agency (one agent, commission payable only to that agent), sole selling rights (commission payable even if the seller finds the buyer independently), and multiple agency (several agents, commission only to the one who introduces the buyer). Sole selling rights is the most onerous for sellers and must be clearly explained. The Estate Agents Act 1979 requires the type of agency to be stated in the contract.

Where the estate agent contract was concluded at the client's home, at a distance, or off the agent's business premises, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give the client a 14-day right to cancel without penalty. If the client requests services to commence immediately and then cancels, they may owe a proportionate fee for services provided before cancellation.

Commission is payable when the agent has satisfied the terms of the agency agreement, typically on introduction of a buyer who proceeds to exchange of contracts or completion. The agreement must define clearly what constitutes an effective introduction. Disputes frequently arise where a buyer is introduced by one agent but another agent also claims a role. The contract's definition of 'introduction' is therefore commercially critical.

All estate agents in England must be members of a government-approved redress scheme under the Consumers, Estate Agents and Redress Act 2007. The Property Ombudsman and the Property Redress Scheme are the two approved schemes. Clients who cannot resolve a complaint with the agent directly can refer it to the relevant scheme for independent adjudication free of charge. Awards of compensation can be made against agents found to have breached the scheme's code.

Under the Money Laundering Regulations 2017, estate agents must verify the identity of their client before entering into an agency agreement involving the sale of residential property. They must also conduct enhanced due diligence for higher-risk clients or transactions. Failing to carry out these checks is a criminal offence. Clients should expect to provide proof of identity and proof of address as standard practice.

Whether a fee is payable on an abortive sale depends on the contract terms. An agent on a 'no sale, no fee' basis charges nothing if the property does not sell, whereas some contracts include an abortive fee or a charge for marketing costs. Any such charge must be clearly disclosed in the contract under the Estate Agents Act 1979 or it will be unenforceable. Clients should read the contract carefully before signing.

Under a sole selling rights agreement, the agent earns commission even if the seller finds the buyer without the agent's help. This is a significant obligation and the Estate Agents Act 1979 requires the contract to explain this clearly in specified wording. Sellers should consider whether sole agency (which only triggers commission on an agent-introduced buyer) better suits their situation before accepting sole selling rights terms.