How to Spot and Avoid Conditional Selling

Conditional Selling: What It Is and How to Protect Yourself as a Home Buyer

Buying a property should be a fair, transparent process. Unfortunately, that’s not always the case.

Following a recent BBC Panorama investigation, The Property Ombudsman (TPO) has issued fresh guidance to tackle an issue that’s been quietly affecting home buyers for years: conditional selling.

If you've ever been told by an estate agent that your offer will only be accepted if you use their in-house solicitor or mortgage broker, you’ve likely experienced this practice first-hand - and it's not only unfair, it’s a clear breach of the rules.

At Emoov, we believe in empowering buyers and sellers to take control of their property journey without pressure, commission, or unclear tactics. If you're managing the buying or selling process yourself - especially without a traditional agent - it’s vital to know your rights.

Here’s what conditional selling is, how to spot it, and what to do if it happens to you.

What Is Conditional Selling?

Conditional selling is when an estate agent suggests - or outright insists - that your offer on a property will only be considered if you agree to use one of their recommended services. These services might include:

• An in-house mortgage broker
• A preferred solicitor or conveyancer
• An insurance provider

While agents are allowed to recommend services, they cannot make your ability to buy the property dependent on using them.

In simple terms:
"You’ll have a better chance if you use our broker" = Not allowed
"Your offer won’t be passed on unless you use our solicitor" = Not allowed

According to The Property Ombudsman’s Code of Practice (which most estate agents are signed up to), every offer must be passed to the seller promptly, regardless of what services the buyer is using.

How to Spot Conditional Selling

Conditional selling isn’t always obvious. It often sounds like a “friendly tip” or helpful advice - but the key is whether the offer is being tied to a condition. Look out for phrases like:

• “We can only put your offer forward if you speak to our mortgage adviser first.”
• “The seller is only considering buyers using our solicitor.”
• “You’ll move up the queue if you go with our in-house services.”
• “You need to be financially qualified by our broker before we proceed.”

Even subtle pressure like delaying a viewing until you speak to their adviser could be considered a breach.

What Are Your Rights?

As a buyer in the UK, you have the right to:

• Use your own solicitor, mortgage broker or insurance provider
• Have your offer passed to the seller promptly, regardless of your service choices
• Be treated fairly and equally, without being misled or pressured
• Receive clear communication about your rights and options

The Estate Agents Act 1979 and the TPO Code of Practice are designed to protect buyers from this kind of behaviour.

What To Do If It Happens to You

If you suspect conditional selling, here’s how to respond:

1. Say No Clearly and Confidently
   Let the agent know you’re aware of your rights and that you do not wish to use their recommended service.
2. Ask for It in Writing
   If they imply your offer won’t be passed on, ask them to put that in writing. Most won’t - because they know it’s not allowed.
3. Speak to the Seller (if you can)
   The seller may not realise their agent is putting off potential buyers. A polite, direct message may change things.
4. Keep Records
   Make notes of calls, save emails, and screenshot messages. You may need them later.
5. Raise a Formal Complaint
   If the issue continues, make a written complaint. The agent then has 8 weeks to respond.
6. Escalate to The Property Ombudsman
   If you’re not satisfied or don’t get a response, contact The Property Ombudsman or The Property Redress Scheme (depending on which the agent belongs to).
7. Report to Trading Standards
   If the behaviour seems serious or systemic, you can also report the agent to Trading Standards, who have the power to investigate and fine offending firms.

Why This Matters for Emoov Buyers and Sellers

Emoov is built for people who want to buy or sell without hidden fees or sales pressure. We support transparency, independence and fair treatment - and conditional selling flies in the face of that.

If you’re self-selling through Emoov, you can reassure buyers that:

• All offers are direct from buyers to sellers, with no agent involvement.
• You have no financial incentive to push one solicitor or broker over another
• The buyer’s choice remains entirely their own

That’s the kind of experience people deserve - and the kind of marketplace we’re proud to be part of.

Final Thought

Conditional selling has no place in a fair property market. If you're buying a home and feel pressured to use certain services as a condition of having your offer accepted - push back. You have the right to say no.

The more buyers understand their rights, the harder it becomes for unfair practices to continue.

Useful Links:

• Download The Property Ombudsman’s Guide to Conditional Selling (PDF)
• Raise a Complaint with The Property Ombudsman
• Report to Trading Standards

Image is from a property for sale January 2026. A magnificent detached family home for sale in Harrow Weald. For more details see here.