Buying And Selling A Home

What are my legal rights when buying a home?

Most of the laws around home buying and selling are there to protect the seller rather than the buyer. However, buyers do have some protection.

You are most likely to be buying a home through an estate agent and it is worth remembering their job is to represent the seller. Although they don't have to be up front about any problems with the property, they do have to answer your questions truthfully. If you are given false information, you might be able to claim under the Property Misdescriptions Act.

Sellers themselves aren't covered by this Act, but if they give you false information, you might be able to claim damages for misrepresentation.

What are my legal rights when selling a home?

Estate agents must use clear contracts. Some of the terms you might find include:

"Sole agency" means the estate agent is the only agent with the right to sell your home. You won't have to pay them if you find a buyer yourself.
"Sole selling" means the estate agent is the only agent with the right to sell your home and you will have to pay them if you find a buyer yourself.
"Multi-agency" means several estate agents can act for you, but you only have to pay the one that sells your home (normally the rate you pay the agent is higher under this sort of agreement).
Beware of contracts with a "ready, willing and able" clause. This means you will still have to pay the agent for finding you a buyer even if you have to pull out of the sale.

You should also avoid contracts that tie you in for long periods and make sure the agency asks for payment on completion, not when contracts are exchanged. And never hand over your authority to pay the estate agent to anyone else, otherwise you won't be able to hold back payment if you have a complaint.

If you don't understand a contract, get advice or don't sign.

Do estate agents have to pass on all offers?

Yes, they must pass all offers on promptly and in writing, so make sure you get a copy whether you are a buyer or seller. They can't hold back your offer just because you don't want to use their other services, such as arranging a mortgage.

Estate agents are not allowed to invent offers on a property in order to force the price up.

Are there any other things I should look out for?

Most of the laws around home buying and selling are there to protect the seller rather than the buyer. However, buyers do have some protection.

Estate agents must tell you if they have a financial interest in any offers made on your house. For example, they mustn't conspire with property developers and only pass on offers that suit their interests.

They must also tell buyers if they have a financial interest in a property they are selling.

Whether you are buying or selling, you should always keep a written record of all your dealings with estate agents, including whom you spoke to, when and what was said.

Can I sell my house myself?

Yes, but there are still some legal requirements. For example, you still have to make sure the information you provide is accurate. And you can be prosecuted if your "For Sale" sign is larger than 0.5 square metres.

For more information about selling your house yourself, see www.which.co.uk/moveit.

What can I do if I have a complaint about an estate agent?

Only complaints about Home Information Packs are covered by a compulsory redress scheme (for more information about this, please see the fact sheet on this issue).

But there are voluntary schemes and you should try and use an estate agent belonging to one of these, such as the Ombudsman for Estate Agents, the National Association of Estate Agents or the Royal Institution of Chartered Surveyors.

If your estate agent is not a member of one of these trade bodies, you can speak to your local trading standards department or contact Consumer Direct on www.consumerdirect.gov.uk.

Where can I get more information about conveyancing?

There is a separate fact sheet about conveyancing on Your Legal Rights.

This fact sheet will give you some basic information about your legal rights when buying and selling a home. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk.

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For more information you can download this fact sheet to read offline or print.