Estate agents - Excessive commission calculation
Who is your issue with?
Resolver is free. No adverts, no hidden costs. Just raise a case and leave feedback after. Simple! We’ve helped millions of people find a resolution. Get started now and let’s get this sorted.
Know your rights
There’s no jargon in our rights guides. Instead, they’re full of the info you need to get things sorted. We’ll always be on hand with guidance and support to help you get the results you’re looking for.
Get your voice heard
You can be certain that you’re talking to the right person at the right time. We automatically connect you to contacts at thousands of household names, ombudsmen and regulators to find a resolution.
Your rights guide: excessive commission calculation
All estate agents must give you written details of their fees and commission before marketing your property. These will usually be specified in your contract. Their bill should give a clear breakdown of costs, including commission, VAT and any advertising costs, that you can compare with the original agreement.
If you believe that your estate agent is charging too much commission, your first step is to speak to the estate agent directly and give them an opportunity to put things right.You should know
- If you aren't happy with the estate agent's response, you can escalate your complaint to the Property Ombudsman.
- You must refer a complaint to an ombudsman within six months of the agent's final response, and within nine months of your first complaint.
- If you don't pay an agent's fees, they have the right to take you to court - and if they do so, an ombudsman will not be able to start an investigation into your complaint.
- You may want to ask for a copy of your estate agent’s complaints policy and code of conduct. You should also ask for confirmation of who will be handling your complaint. Your agent should respond within 15 days.
If you do not pay your agent's fees they have a legal right to take you to court. If you contest the fees, then it is important that you raise the case immediately with the estate agent and pay the uncontested element of the fees. If the agent begins legal action against you, the ombudsman willnot be able to continue/start to investigate your complaint.
Your final option
If the estate agent is a member of Propertymark, it is bound by the their codes of practice. After receiving a decision from the ombudsman, you can refer the agent to Propertymark, who will investigate the agent's professional conduct and could impose a fine. However, Propertymark cannot make any financial awards to consumers. If the agent is a member, Resolver will give you this option automatically.
You may need to fill in a copy of Propertymark's consumer complaint form and send them a copy of your resolver case file. You should also include a copy of the ombudsman's findings and copies of supporting documents.
If you need additional advice
If you are unhappy with the ombudsman's decision and believe your estate agent has acted illegally, you can seek legal advice. The Home Owners Alliance runs a legal advice line that you can contact for a £36 annual membership fee, on 0330 088 2050.
Find the best rights for you
We have 5,214 pages of rights advice for you covering 7,127 companies and organisations across 16 public & private sectors. Feel free to browse companies for this specific issue - they're all listed below - but the quickest way to find the best rights for you is by using our unique Rights Finder to access our extensive database of advice.
Start by telling us the name of the company or organisation you have an issue with.