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A non-exclusive buyer agency agreement appoints a property search agent to find and acquire property on behalf of a buyer, without restricting the buyer from also using other agents or searching independently. The agent earns their fee only if the buyer purchases a property the agent introduced. Non-exclusive arrangements give buyers flexibility but typically motivate the agent less strongly than an exclusive mandate.

Under a non-exclusive buyer agency agreement, the agent's fee is typically a percentage of the purchase price (usually between 0.5% and 2% plus VAT), payable on successful completion of a purchase. The commission clause must clearly define the trigger event (typically 'exchange of contracts' or 'completion of purchase') and specify whether fee entitlement arises only where the agent introduced the property, not where the buyer found it independently.

Yes. The Money Laundering Regulations 2017 apply to estate agents acting for buyers as well as sellers. A buyer's agent must conduct customer due diligence (checking the buyer's identity and the source of funds for the purchase) before providing services. Agents must register with HMRC for AML supervision. Failure to comply can result in civil penalties and criminal prosecution.

Under the Estate Agents Act 1979, a buyer's agent must disclose any personal interest in a transaction, including any referral or other financial arrangement with the seller, the selling agent, or any connected party. Fees must be disclosed in writing before any commitment is made. Failure to disclose a personal interest is a criminal offence under the Act and can also give the client the right to repudiate the agency agreement.

Yes, subject to the agreement's termination provisions. Non-exclusive agreements typically allow either party to terminate on reasonable written notice. However, the agent may retain a right to commission for a specified period after termination if the buyer purchases a property the agent introduced during the engagement. This 'tail' commission provision should be expressly drafted in the agreement to avoid disputes.

An agent appointed to act on a buyer's behalf owes a duty to act in the buyer's best interests, to avoid conflicts of interest, and to disclose material information. Under English law, whether this rises to a full fiduciary duty depends on the scope of the agency. The Estate Agents Act 1979 and the Consumer Protection from Unfair Trading Regulations 2008 impose specific statutory duties that operate alongside any common law agency obligations.

The distinction is primarily one of scope and regulation. A buyer's agent typically acts throughout the acquisition process, negotiating and managing the purchase. A property finder introduces properties but may not take an active role in negotiation. Both are covered by the Estate Agents Act 1979 if they are carrying out 'estate agency work' as defined in the Act, and both must comply with the Money Laundering Regulations 2017.

Yes, for clarity and to define the scope of the agent's mandate. The agreement should describe the geographic area, property types, price range, and key purchase criteria. Without these parameters, disputes can arise about whether the agent was acting within their mandate when they introduced a particular property. Clear scoping also helps define where the 'tail' commission right applies if the buyer subsequently purchases outside the agreed brief.