When searching for a property, viewings are a crucial step in the process. However, there are instances where potential buyers may encounter difficulties in scheduling a viewing with an estate agent.
In this insight, we aim to answer the question: can an estate agent refuse a viewing? Additionally, we will discuss the Estate Agents Act and address the question, can an estate agent refuse an offer?
An estate agent can legally refuse a viewing, provided there is a fair reason for doing so. If you encounter a refusal, you can ask about the specific reason from the agent. Possible reasons for refusal may include property availability, insufficient evidence of a serious buyer, or the seller's refusal.
It's important to note that when you make an offer on a property, estate agents are obligated by law to pass on your offer to the seller. Therefore, while estate agents can refuse viewings, they can only reject offers with the seller's permission, ensuring a fair and non-discriminatory process.
Before diving into the circumstances where an estate agent might refuse a viewing, it is essential to understand their legal obligations. The Estate Agents Act 1979 and the Consumer Protection from Unfair Trading Regulations 2008 are two primary regulations that govern estate agents' conduct in the UK. These laws ensure that both buyers and sellers are treated honestly, fairly, and promptly.
Estate agents are required to:
Understanding these obligations will help buyers better navigate the property market and engage with estate agents.
Estate agents should generally not refuse to show a property. However, they have the right to refuse service as long as their actions are not considered discriminatory. Here are some reasons why an estate agent might turn down a request for a viewing:
It is important to note that if an estate agent refuses a viewing due to discrimination based on race, religion, sexuality, or any other factor, the potential buyer has the right to report them to The Property Ombudsman (TPOS). If you have your own estate agent, you can ask them why they think the viewing may have been declined. If you're looking for an online estate agent to keep costs low, compare your options here.
While estate agents have some discretion in refusing viewings, their obligations regarding offers are more stringent. The decision to accept or reject an offer on a property ultimately lies with the seller. Estate agents are generally required to pass on all offers to the seller up until contracts are exchanged, regardless of the offer amount. However, the seller may instruct the agent to automatically refuse offers below a certain threshold, in which case the agent is not obliged to pass on such offers.
The Estate Agents Act 1979 is a key piece of legislation that regulates the work of estate agents in the UK. Its primary purpose is to ensure that agents act in the best interests of their clients and that both buyers and sellers are treated honestly, fairly, and promptly.
This act has several implications for estate agents, such as:
Familiarising oneself with the Estate Agents Act can help potential buyers understand their rights and the obligations of estate agents when navigating the property market.
As frustrating as it may be, estate agents are legally allowed to ask for proof of funds before arranging a viewing. This practice has become more common as agents aim to reduce time-wasting for both sellers and buyers. A mortgage promise often serves as sufficient evidence of a potential buyer's ability and intention to make an offer.
If a potential buyer believes that an estate agent is breaking the rules or acting unfairly, they should first raise the issue with the agent. If a resolution cannot be reached, the buyer can file a formal complaint with the relevant redress scheme, such as The Property Ombudsman or the Property Redress Scheme.
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While it is possible for an estate agent to refuse a viewing, the reasons for doing so must be fair and non-discriminatory. Estate agents are legally required to pass on all offers to the seller, and their actions must comply with the Estate Agents Act 1979. If a potential buyer encounters issues with an estate agent, they should first attempt to resolve the problem with the agent and, if necessary, escalate the matter to the appropriate redress scheme.
Understanding the legal framework surrounding estate agents and their obligations can help potential buyers navigate the property market with confidence and ensure a more seamless property search experience.
Stuart is an expert in Property, Money, Banking & Finance, having worked in retail and investment banking for 10+ years before founding Sunny Avenue. Stuart has spent his career studying finance. He holds qualifications in financial studies, mortgage advice & practice, banking operations, dealing & financial markets, derivatives, securities & investments.
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