What estate agents don’t tell you (but solicitors will)

How estate agents are paid and how fees shape advice

Most estate agents earn money through commission, which means a percentage of the sale price payable on completion. Some firms charge a fixed fee instead, often due upfront. That payment structure can shape the advice a seller hears, even when an agent acts in good faith. A solicitor, by contrast, charges for legal work and must follow professional duties that focus on the client’s interests and the law.

Commission can create a strong incentive to secure a sale quickly. A small reduction in price may speed up agreement while only slightly reducing the agent’s fee. For example, a £10,000 price drop at a 1.5% commission changes the fee by £150, yet it may remove weeks of viewings. That arithmetic can influence how firmly an agent pushes back on negotiation, or how strongly an agent frames an offer as “best available”.

Fee structures also affect recommendations about marketing and route to market. Some agents promote “premium” listings, accompanied viewings, or paid advertising upgrades. Ask which services are included in the quoted fee, what costs sit outside it, and whether any referral income applies.

Referral fees deserve particular scrutiny. An agent may recommend a specific conveyancer, mortgage broker, or surveyor because a payment flows back to the agency. The National Trading Standards Estate and Letting Agency Team expects agents to disclose referral arrangements clearly. A solicitor can help you assess whether a recommended provider suits the transaction, and whether the referral creates a conflict with your priorities.

Before you sign an agency agreement, check the tie-in period, notice terms, and whether the contract uses “sole agency” or “sole selling rights”. Those clauses can change what you owe, even if you find the buyer yourself.

Why a solicitor checks the title, boundaries, and legal rights

A solicitor reviews the title documents to confirm that the seller can transfer legal ownership and that the property matches what the buyer expects to purchase. Title checks reveal restrictions such as covenants (binding promises affecting land use), charges, or rights that limit alterations, parking, or business use. A solicitor also checks for easements, which grant legal rights over land, such as shared accessways, drainage routes, or rights of way.

Boundaries need careful attention because marketing plans and viewing impressions do not settle legal extent. The title plan can be general rather than exact, so a solicitor compares the plan with the property information, any historic deeds, and, where relevant, Land Registry records. When uncertainty remains, a solicitor can advise on a boundary agreement or a statutory declaration to reduce the risk of dispute after completion.

Legal rights matter as much as physical features. A solicitor confirms whether the property benefits from, or suffers, rights that affect use and value, including access for bins, maintenance of shared paths, or obligations to contribute to repairs. Guidance aligns with HM Land Registry records and the solicitor’s professional duties, which focus on legal certainty rather than sales presentation.

What searches reveal about planning, flooding, and local risks

Searches ordered by a solicitor can expose issues that a viewing does not reveal. A local authority search shows planning permissions, building control approvals, and enforcement notices. That detail matters if an extension lacks sign-off, if a loft conversion breaches regulations, or if the council can require remedial work. The same search can also flag proposed road schemes, traffic orders, or nearby developments that may affect noise, access, and future value.

Environmental searches focus on land and water risks. Flood reports assess river, coastal, surface water, and groundwater exposure, which can affect insurance availability and premiums. Some results also highlight historic land use, such as former industrial sites or landfill, which can raise contamination concerns and trigger lender requirements. Where a search indicates elevated risk, a solicitor can recommend targeted follow-up reports or enquiries with the seller.

Other checks may cover drainage and water connections, confirming whether the property connects to mains services and whether public sewers run within the boundary. That point can restrict building works and create maintenance obligations. For clear guidance on the scope of conveyancing searches, consult the Law Society.

How the contract and property information forms can expose hidden issues

The contract pack often reveals issues that marketing details omit. A seller’s solicitor prepares the draft contract and supplies the property information forms. Those documents create a written record that the buyer can rely on, so inaccuracies can carry legal consequences. Estate agents may describe features and improvements, yet the contract papers require precise answers and supporting evidence.

Most transactions include the TA6 Property Information Form and the TA10 Fittings and Contents Form, produced by The Law Society. The TA6 asks direct questions about disputes, notices, boundaries, alterations, guarantees, utilities, and parking. A seller must disclose known problems, such as a long-running argument about a fence line or a neighbour’s complaint. The TA10 reduces confusion about what stays, which helps avoid last-minute conflict over items such as integrated appliances, light fittings, or garden structures.

Contract papers can also expose risks through what they do not contain. Missing planning permissions, absent building control completion certificates, or a lack of warranty documents can signal that works did not follow the correct process. A buyer’s solicitor will raise enquiries to clarify gaps, request copies, or seek an indemnity policy where suitable. That process can affect price, timing, and even mortgage approval.

• Alterations: evidence for extensions, conversions, or structural changes.
• Disputes and complaints: neighbour issues, noise, or boundary disagreements.
• Notices and proposals: letters from the council or third parties affecting use.
• Services and access: shared drives, private drains, or informal arrangements.
• Guarantees: damp proofing, windows, roofing, or electrical works.

Clear, consistent answers reduce delay. When the forms reveal a problem early, a buyer can renegotiate, request remedies, or walk away before costs escalate.

What happens with chains, timelines, and the risk of collapse

A chain forms when several linked sales must complete in sequence. One delay can affect every buyer and seller in that chain. Estate agents often focus on agreed dates and “progress”, yet a solicitor tracks the legal steps that control timing: issuing the contract pack, raising enquiries, receiving search results, securing a mortgage offer, and agreeing completion terms. Each stage can stall for reasons outside any one party’s control, such as a slow managing agent on a leasehold sale or a lender requesting extra documents.

Timelines vary, but many transactions take eight to twelve weeks from offer to completion. Chains can extend that period, particularly when a party changes solicitor, renegotiates price after a survey, or waits for probate. A solicitor can also explain the practical limits of “exchange by Friday” promises, since exchange requires signed contracts, cleared deposit funds, and a settled completion date.

Collapse risk remains real until exchange of contracts. Before exchange, either side can withdraw without completing, which can leave survey fees and legal costs unrecovered. After exchange, the contract becomes binding and financial penalties can apply if a party fails to complete. Guidance from the Law Society sets out the solicitor’s duties and the key stages, which helps clarify where risk sits at each point.

Common costs and liabilities buyers miss: leaseholds, service charges, and tax

Buyers often focus on the deposit, mortgage payments, and solicitor’s fees. Hidden costs tend to sit in the legal detail, especially with leasehold property, shared buildings, and tax. A solicitor will ask for documents and figures that marketing particulars rarely show, then explain what those numbers mean for monthly outgoings and long-term risk.

Leaseholds can carry liabilities that affect both affordability and resale. Service charges cover the running of the building or estate, yet the amount can change each year. A solicitor will request the management information pack, review recent accounts, and check for arrears, disputes, or planned major works. Large projects, such as roof replacement or cladding remediation, can trigger a one-off bill. That bill may arrive after completion even if the issue existed before the purchase, so the timing and wording of the demand matters.

Ground rent also needs scrutiny. Some leases include rent review clauses that increase the rent at set intervals. Mortgage lenders can treat aggressive increases as a risk, which can restrict borrowing options. A solicitor will also check the remaining lease term, since a short lease can reduce value and raise the cost of extension. Guidance from the Leasehold Advisory Service can help buyers understand common lease terms and red flags.

Tax can surprise buyers as well. Stamp Duty Land Tax depends on price, buyer status, and whether the purchase adds a second home. A solicitor will confirm the correct rate and filing deadline, then submit the return after completion. Official rates and thresholds sit on GOV.UK. Budgeting for these liabilities early reduces the risk of a last-minute funding gap.