In short
You can almost always leave an estate agent, but when the contract ends and what you might still owe depends on four things: the tie-in period, the notice period, whether you signed sole agency or sole selling rights, and how long the buyer-introduction clause lasts. Get the old agent's list of introduced buyers in writing before you go, so you never pay two commissions on one sale.
Last updated . Reviewed by FindYourAgent editorial.
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Five clauses to find in your contract
Read these before you phone anyone. They decide when you are free to go and what it costs.
Tie-in (minimum term)
The period you agreed to stay with the agent, often between 8 and 16 weeks on a sole agency contract.
Check: Count from the date you signed, not the date the listing went live. If you are inside the tie-in, you can usually still give notice, but it only takes effect at the end of the term.
Notice period
How long after you give written notice the contract actually ends.
Check: Commonly between 14 and 28 days. Give notice in writing (email is normally fine) and ask the agent to confirm the end date.
Sole agency vs sole selling rights
Under sole agency you owe nothing if you find a buyer yourself. Under sole selling rights you owe the fee whoever finds the buyer.
Check: Look for the exact phrase in the contract. The Estate Agents Act 1979 regulations require agents to explain these terms in writing.
Introduction or 'ready, willing and able' clause
Says you owe the old agent commission if you sell to a buyer they introduced, even after the contract ends.
Check: Note how long it lasts (often 6 months or more) and ask the old agent for a written list of every buyer they introduced.
Withdrawal and marketing fees
Charges for photos, floor plans, EPC or 'withdrawal' if you leave early.
Check: Only payable if they are in the signed terms. Ask for an itemised invoice rather than a single 'withdrawal fee'.
Step by step
- 1Find your signed contract and terms of business. If you cannot find them, ask the agent for a copy in writing.
- 2Note the tie-in end date, notice period and whether you signed sole agency or sole selling rights.
- 3Write down how long the house has been on the market, how many viewings, and any feedback. You will want this for the next agent.
- 4Ask the current agent for a written list of buyers they introduced. Keep it — it protects you from paying two fees.
- 5Interview two or three replacement agents before you give notice, so the house is not off the market for long.
- 6Give written notice and ask for confirmation of the end date and any fees due.
- 7Tell the new agent about every buyer on the old agent's list. A good agent will either avoid them or agree how fees work.
- 8Check the old listing has been removed from Rightmove, Zoopla and OnTheMarket before the new one goes live.
- 9If the old agent refuses a list, disputes fees or keeps marketing the house, complain to the agent first, then to their redress scheme.
How a double fee happens
A buyer views with your first agent in spring and does not offer. You switch agents in summer. The same buyer comes back through the new agent and agrees a sale. If the first agent's introduction clause is still running, both agents can have a contractual claim to commission on the same sale.
The fix is simple and needs doing before it happens: hold the first agent's written list of introduced buyers, give it to the new agent, and agree in writing how a sale to anyone on it will be handled. If a dispute still arises, every estate agent in the UK must belong to a redress scheme — The Property Ombudsman or the Property Redress Scheme — which can look at it for free once the agent's own complaints process is finished.
Our take
Before switching, ask whether the agent is the problem or the asking price is. A new agent will often win the instruction by agreeing with your price, then ask for a reduction six weeks later. If you do switch, pick the agent with the most recent sold comparables near you, not the highest valuation.
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