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An exclusive seller agency agreement appoints one estate agent as the sole authorised party to market and sell a property on behalf of the seller. Commission is payable on a completed sale. The Estate Agents Act 1979 requires all key terms to be confirmed in writing before marketing begins. It is the most common form of residential property agency arrangement in England.

The seller must cooperate with the agent's marketing activity, make the property available for viewings at reasonable times, disclose material information about the property (including any known defects), and notify the agent promptly if they receive a direct approach from a prospective buyer. The seller must also pay the agreed commission once the trigger event, typically exchange or completion, occurs.

Under the Estate Agents Act 1979, the agent must confirm in writing the commission rate or fee, the precise meaning of the agency type selected, any circumstances in which the fee is payable even if the seller finds their own buyer, and any personal or financial interest held by the agent or a connected person in the property. These disclosures are not optional and non-compliance can make the fee unenforceable.

The agent will typically provide a market appraisal before the agreement is signed. This is not a formal RICS valuation and does not carry the same legal weight. It is an estimate of achievable sale price based on comparable transactions. Sellers should be aware that overvaluation at instruction, followed by subsequent price reductions, is a known practice in the English market and should verify the appraisal with comparable evidence.

Yes. The seller retains full decision-making authority over whether to accept, reject, or counter any offer. The agent's role is to market the property and present all offers promptly, but they cannot accept or bind the seller to an offer without express authorisation. Under the Estate Agents Act 1979, agents must forward all offers received in writing to the seller, regardless of how favourable they consider the offer.

Exchange of contracts is the point at which the sale becomes legally binding in England and Wales. Both parties sign and exchange identical contracts, and the buyer pays a deposit, typically 10% of the purchase price. Completion is when the remaining balance is paid, keys are handed over, and legal ownership transfers. Commission triggers in agency agreements usually specify one of these two events.

If the buyer withdraws after exchange, the seller keeps the buyer's deposit and can resell the property. The agent may still be entitled to their commission if the agreement specifies exchange as the trigger event, as the agent has done their job. Some agreements link commission to completion only, giving the seller greater protection against paying a fee where no proceeds have been received.

The commission rate agreed at instruction is binding once confirmed in writing and accepted. Seeking to renegotiate after an offer has been received weakens the seller's position considerably. If the seller feels the original rate was too high, the time to negotiate is before signing the exclusive agreement. Some agents will reduce commission rates for off-market or quick sales, but this should be agreed in advance.