When a sale falls through, many sellers want a fresh approach: a new agent, a cash buyer service, or both. Before you sign anything new, check your current contract. The wrong move can leave you owing commission to two agents.
The four common types of agency contract
Sole agency
The most common type. One agent markets your home for an agreed period, often called the tie-in period. During that period you can't instruct another agent without risking a second fee. You can usually still sell privately, to a buyer you found yourself, without paying commission.
Sole selling rights
This is stricter. The agent is owed commission if your home sells during the contract period, even if you find the buyer yourself or another agent does. Some consumer groups advise sellers to think very carefully before signing one, and agents who follow The Property Ombudsman's Code must clearly explain the difference between sole agency and sole selling rights.
Joint sole agency
Two agents work together and agree in advance how the commission is shared. Fees are usually higher.
Multiple agency
You instruct several agents, and only the one who finds the buyer is paid. Fees are usually higher than sole agency.
How to check where you stand
Find your agency agreement and look for:
- The contract type. Look for "sole agency", "sole selling rights" or "multiple agency".
- The tie-in period. How many weeks you're committed for.
- The notice period. How much notice you must give to end it, often a few weeks.
- The fee clause. When commission becomes payable, and on what (exchange or completion).
- "Introduction" wording. Many contracts say a fee is owed if a buyer the agent "introduced" later buys, even after the contract ends.
If you're unsure, ask the agent to confirm your position in writing.
How people end up paying two fees
Dual-fee disputes are one of the most common complaints to The Property Ombudsman. They usually happen when:
- A seller instructs a new agent while still tied in to the old one
- A buyer first viewed through the old agent, then bought through the new one
- The contract was sole selling rights, so the first agent was owed a fee regardless
The Ombudsman has said it's generally unfair for a seller to face two agents claiming commission for the same sale unless that was clearly agreed in advance. But disputes can still drag on and cost you, so prevention is far better.
How to switch safely
- Serve notice in writing to your current agent, following the contract's notice terms.
- Ask for a list of everyone they introduced to the property. Avoid selling to those buyers through the new agent without checking your position.
- Tell your new agent about your previous contract and that list before they start.
- Don't sign a second sole agency or sole selling rights contract until the first has ended, unless both agents agree in writing how fees work.
- Keep everything in writing.
Your right to cancel a new contract
If you sign an estate agency contract away from the agent's office, for example online, by phone or at your home, you usually have 14 days to cancel. If you ask the agent to start work during that period, you may owe something for the work done. Your agent must explain this clearly before you sign.
How Ready Set Sold handles this
We know most sellers who contact us are already tied to an agent. So:
- We check your existing contract before you sign with us, and tell you plainly if a second fee could arise.
- We only take your instruction when you're free to appoint us, or when your current agreement allows a second agent.
- Our agency agreement sets out the term, the type of agency and your 14-day cancellation right in plain English.
- It's free for you. The cash buyer pays our sourcing fee, and we tell you how much before you accept an offer.
If your current agent can deliver a buyer in time, great. If not, we're ready.
Send us your contract to check
Frequently asked questions
Can I end a sole agency contract early?
Usually only by giving the notice set out in the contract. If the agent has breached the contract or the Ombudsman's Code, you may have other options. Take advice.
Do I owe my old agent a fee if I sell to a cash buyer?
It depends on your contract type and who introduced the buyer. Under sole selling rights, a fee may be due during the contract period regardless. Check before you proceed.
What if my old agent introduced the buyer who eventually buys?
Many contracts entitle the agent to a fee if they introduced the buyer, even after the contract ends. Ask your old agent for their list of introductions.
Sources: The Property Ombudsman: sole selling rights case study; The Negotiator: dual agency fees; HomeOwners Alliance: estate agent contracts.