Whose side is the estate agent really on?

They work for the seller, not you

The estate agent is hired and paid by the person selling the house. Their legal duty is to get that seller the best price and terms — not to look after you. That doesn't make them villains, but it does mean they're not a neutral helper, however friendly they are.

The practical upshot: anything you let slip about your top number can be passed straight to the seller. If you tell the agent "we could stretch to £315,000 if we had to", don't be surprised when the counter-offer lands at £315,000. Tell them the offer you're making, and keep your ceiling to yourself.

The in-house broker and solicitor you can say no to

Lots of agents — especially the big chains — will steer you toward their own mortgage adviser or a solicitor they "recommend". They often earn a referral fee for sending you there, sometimes hundreds of pounds, and under Trading Standards rules they're supposed to tell you that fee exists. It's always worth asking the question outright: "do you get paid if I use them?"

You are free to use your own mortgage broker and your own conveyancer, full stop. If an agent hints your offer will look stronger because you've used their broker, treat that as a nudge, not a rule — pressuring or misleading you into it isn't allowed. Getting your own Agreement in Principle achieves the same "serious buyer" signal without handing anyone a commission.

"Someone else is interested" and gazumping

In England, Wales and Northern Ireland, nothing is legally binding until contracts exchange — which is often weeks after your offer is accepted. Until then a seller can accept a higher offer from someone else (being "gazumped") or you can walk away. It's stressful, but it's normal, and it's why moving quickly to a survey and exchange matters. Scotland works differently: once the formal offer is accepted the deal is binding much earlier, so gazumping is rare there.

What an agent can't do is invent a rival bidder to push you up. Making up phantom offers to manufacture a bidding war is a banned practice under consumer protection law. If you're told there's another offer, it's reasonable to ask for it in writing — a genuine one can be confirmed; an imaginary one tends to evaporate.

How to protect yourself

Line up your own people before you offer: your own broker (or at least your own Agreement in Principle), and your own conveyancer — get two or three quotes rather than taking the first name you're handed. Run any home through an affordability check first so you offer from your numbers, not the agent's enthusiasm.

Then keep a paper trail. Estate agents must pass every offer you make on to the seller promptly, so make yours easy to evidence by putting it in an email rather than leaving it as a phone call. Confirm what's included (white goods, fixtures) in writing too. None of this is rude — it's just the difference between being handled and being in control.

Common questions

Do I have to use the estate agent's mortgage broker or solicitor?

No. You're free to choose your own broker and conveyancer. Agents often earn a referral fee for sending you to theirs and should disclose it. Your offer isn't legally any weaker for using your own people — a separate Agreement in Principle gives the same "serious buyer" signal.

Can a seller accept a higher offer after accepting mine?

In England, Wales and NI, yes — until contracts exchange, nothing is binding, so you can be gazumped (and equally, you can pull out). Scotland is different: the deal becomes binding much earlier, when the formal offer is accepted.

Is it legal for an agent to invent a rival offer to push my price up?

No. Fabricating offers to create a bidding war is a banned practice under the Consumer Protection from Unfair Trading Regulations. If you're told there's another offer, you can reasonably ask for it to be confirmed in writing.