Can an estate agent legally refuse to pass on an offer to the seller in the UK?
No, they can’t. Estate agents in the UK must tell the seller about every offer they receive, right up until the moment contracts are exchanged. That’s the law. They don’t have a choice unless the seller has given written instructions not to be told about certain types of offers, like ones under a specific amount. Otherwise, agents must pass everything on promptly and in writing.
What estate agents are meant to do
Estate agents are hired by the seller to help sell their home, but that doesn’t mean they can ignore buyers or pick and choose which offers to pass on. They’re expected to be fair and honest with everyone involved. Their job is to act in the seller’s best interest, but they still have rules to follow that protect buyers too.
What the law says
Consumer Protection from Unfair Trading Regulations 2008
This law says agents must give accurate, timely and clear information. That includes offers from potential buyers. If an agent holds back or lies about offers, they could be breaking the law.
The Property Ombudsman Code of Practice
Most agents in the UK are signed up to The Property Ombudsman. That means they have to follow a strict code, including passing on offers quickly and confirming them in writing to both the seller and the person making the offer.
When might an agent not pass on your offer?
If the seller says so in writing
If a seller doesn’t want to hear about offers below a certain figure or with certain conditions (like a sale that’s dependent on the buyer selling their own home), they can let the agent know in writing. In that case, the agent doesn’t have to pass those offers on.
If the offer breaks clear rules from the seller
Sometimes sellers have preferences. For example, they might not want offers that rely on long chains or uncertain financing. As long as the seller’s rules are clear and written down, the agent can follow them.
Why might an agent seem reluctant to pass on your offer?
They might prefer a buyer they already know
If an agent has another buyer who’s using their in-house mortgage advisor or conveyancer, they might push for that deal to go through. That’s not right if it means ignoring other offers.
They might think another buyer is more ready to go
Sometimes agents favour buyers who are chain-free or already have a mortgage in place. But that doesn’t mean they can ignore other offers. They still have to let the seller decide.
They don’t want to rock the boat
If a sale is nearly done, an agent might not want to upset things by throwing in another offer. But unless contracts have been exchanged, they’re still legally required to tell the seller.
Can you still make an offer if the property is already under offer?
Yes. Until contracts are exchanged, a seller can accept a new offer. This is called gazumping. While it can be frustrating for buyers, it is legal. Estate agents are still required to tell the seller about new offers, even if another offer has already been accepted.
Can an estate agent stop you from viewing a property?
Only if the seller has asked them to. Otherwise, everyone should be given a fair chance to view. If you’re being blocked from seeing a property and haven’t been given a clear reason, it’s worth asking whether that’s the seller’s decision or the agent’s.
The new rules on what agents must tell you
The Digital Markets, Competition and Consumers Act 2024 means estate agents now have to share more up-front information about the properties they’re selling. This includes things like:
Leasehold or freehold status
Service charges and ground rent (if applicable)
Council tax band
Energy performance rating
Any known risks like flooding, damp, or asbestos
Whether planning applications have been submitted nearby
This makes it easier for buyers to make informed decisions, without wasting time or money.
What you can do if you think your offer is being ignored
Ask for written confirmation
If you’ve made an offer, ask the agent to confirm in writing that they’ve passed it on to the seller. It’s your right to know.
Keep a record
Save your emails and notes of conversations. If things go wrong later, this helps you prove what happened.
Raise a formal complaint
Start with the estate agent’s complaints process. If you’re still not satisfied, you can go to either:
The Property Ombudsman
The Property Redress Scheme
These organisations can investigate and may award compensation if the agent has broken the rules.
Do agents have to tell you about problems with a property?
Yes. If they know something that could affect your decision, like flooding history or a dispute with a neighbour, they have to tell you. That includes anything that would usually be found out later in the legal checks, such as boundary issues or nearby developments.
Can agents pressure you to use their mortgage broker?
No. This is against the rules. You’re free to use whichever mortgage advisor, solicitor or surveyor you choose. If an agent tells you otherwise, that’s something you can complain about..
Final thoughts
Estate agents have a legal duty to pass on all offers unless they’ve been told not to by the seller in writing. If you think your offer hasn’t been shared, ask for proof. Buyers have more rights than many people realise, and it’s worth knowing what those are. Being open, clear and asking the right questions can help avoid problems later on.
Frequently Asked Questions
Can I take legal action if an agent ignored my offer?
You can start with a complaint to the agent, then escalate it to the Property Ombudsman or Property Redress Scheme. In some cases, you might be able to take legal action, especially if it cost you money.
Does the seller have to accept the highest offer?
No. The seller can choose whichever offer they prefer, even if it’s lower. But the agent still has to pass on all offers for the seller to consider.
Can I be made to use the agent’s mortgage advisor?
Absolutely not. That’s your choice. If you feel pressured, report it.
Why does the property still show as available online?
Some agents keep listings live to attract more buyers or to have backups if the current sale falls through. It should still be marked as “under offer” or “sold subject to contract”.
Do agents have to tell me if the property is near a flood zone?
Yes, they do. This sort of thing is classed as material information and must be shared early in the process.