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An exclusive real estate agent contract appoints a single estate agent as the sole authorised agent to market and sell a property. The agent has the exclusive right to earn commission during the agreed period, and the seller cannot simultaneously use another agent. All key terms must be confirmed in writing before marketing begins under the Estate Agents Act 1979.

The contract must confirm the commission rate or fee, the agency type and its precise meaning, any circumstances in which the fee is payable including where the seller finds the buyer themselves, any personal financial interest the agent holds in the property, and the tie-in period. Courts in England have refused to enforce fee claims where the required disclosures were absent or unclear.

Yes. Where the seller is a consumer, the Consumer Rights Act 2015 requires that all contractual terms are fair and transparent. A term that creates a significant imbalance in the parties' rights and obligations to the detriment of the consumer may be declared unenforceable. Common examples include very long tie-in periods, automatic renewal clauses, and open-ended extended protection provisions.

An extended protection clause (sometimes called a holdover or continuation clause) entitles the agent to commission if a buyer who was introduced during the exclusive period later completes the purchase after the agreement has ended. Periods of three to six months are common in England. Courts may scrutinise longer periods as potentially unfair in consumer contracts under the Consumer Rights Act 2015.

If you decide not to proceed with the sale, you can terminate the agency contract by giving the required notice. You will not owe commission because no sale has occurred and no buyer has been introduced to a completed transaction. However, any marketing costs or administration fees separately agreed upfront may still be payable if the contract includes such a provision.

No. The estate agent contract governs the relationship between the seller and the agent. The contract for the sale of the property is a separate legal document exchanged between the buyer and seller through their solicitors. Only the latter is governed by the Law of Property (Miscellaneous Provisions) Act 1989, which requires contracts for the sale of land to be in signed writing.

If the estate agency business is acquired by another firm during the term of your contract, the new owners may take on existing client agreements if the agreement is transferable. However, if the contract is personal to the agent or the firm, their obligations cannot be assigned without your consent. Check the assignment clause in your contract before signing if the agent is part of a larger network.

You should first raise the complaint in writing with the agency's internal complaints handler. If not resolved within eight weeks, you can refer the matter to the agent's approved redress scheme, either The Property Ombudsman or the Property Redress Scheme. These schemes can award compensation up to a specified limit. Court proceedings remain available for contractual claims regardless of the redress scheme outcome.