Beware of Conditional Selling: What Every Home Buyer and Seller Should Know

A recent BBC Panorama investigation has thrown a spotlight on a worrying, and illegal, practice in the UK property market: conditional selling by estate agents. If you’re planning to buy or sell a home, this is something you need to be aware of.

What is Conditional Selling?

Conditional selling happens when an estate agent pressures a buyer into using their in-house mortgage service as a condition of having their offer considered. In some cases, buyers have been told — wrongly — that using the agent’s mortgage adviser will make their offer more likely to be accepted.

The recent BBC investigation uncovered cases where:

  • Buyers felt they had no choice but to use the agent’s mortgage broker. 
  • Sellers lost out as estate agents prioritised lower offers from buyers using their in-house mortgage service — often because of commission incentives.

This is not only unethical — it’s also against the law.

The Legal Position

Under the Estate Agents Act 1979 and guidance from the National Trading Standards Estate and Letting Agency Team, it is illegal for agents to make the acceptance of an offer dependent on using in-house services such as mortgages or conveyancing. All buyers must be treated equally, and sellers must receive all offers — regardless of whether the buyer uses associated services.

Conditional selling is a clear breach of these rules. If you’ve experienced this kind of pressure, you can report it to Trading Standards via the Citizens Advice Consumer Service.

Why It Matters

For buyers, conditional selling can result in:

  • Limited mortgage choice — potentially paying more in the long run.
  • Unnecessary stress — especially for first-time buyers who may feel vulnerable or unsure of their rights.

For sellers, it can mean:

  • Lower sale prices — if your agent is favouring buyers based on commission, not on who is offering the best deal.
  • Delays and failed sales — if the buyer’s in-house mortgage isn’t suitable or approved.

In short, it can undermine the integrity of the entire process.

What You Can Do

If you’re a buyer:

  • Know your rights: You do not need to use an estate agent’s mortgage adviser. You’re free to get advice wherever you choose.
  • Shop around: Independent financial advice gives you access to a wider range of lenders and products — potentially saving you thousands over the life of your mortgage.
  • Report pressure tactics: Conditional selling is illegal. If it happens to you, report it.

If you’re a seller:

  • Ask questions: Make sure your agent is passing on all offers, not just those tied to their internal services.
  • Consider your agent carefully: A good estate agent will act in your best interest — not in the interest of their own commission targets.

How We Can Help

At Citrus Financial, we offer clear and transparent advice — with no strings attached. Whether you’re buying your first home or moving up the ladder, we’ll guide you through the process with your best interests at heart.

If you’re unsure whether you’re being treated fairly, or just want some advice, we’re here to help.

You can learn more about how we can help here.

 

Your home may be repossessed if you do not keep up repayments on your mortgage.

Approver Quilter Financial Services Limited & Quilter Mortgage Planning Limited. 22/07/2025

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