Agency Agreement Checklist
The clauses that cost sellers money, and where to find them.
Free, no sign-up. 6 sections, 32 checks. Edit it to fit your own transaction.
An agency agreement is signed at the most optimistic moment of a sale and read carefully only when something has gone wrong. The clauses that matter are rarely on the first page: the tie-in period, the notice required, what triggers a fee, and whether a fee can be owed after the agreement ends.
None of it is unreasonable in itself. It becomes expensive when a seller signs a long tie-in with an agent who then under-performs, or discovers that a buyer introduced months earlier still generates a fee for an agent no longer instructed.
The fee
- Percentage or fixed fee, stated with tax shown separately and as a cash example
- What the fee is calculated on: the agreed price, or the price actually achieved
- Whether the fee changes at different price levels
- When the fee becomes payable: on exchange, on completion, or on introduction of a buyer
- Any fee payable even if the sale does not complete
- Withdrawal or abortive fees, and what triggers them
Type of agreement
The name matters less than what the clause actually says.
- Whether the agency is sole, joint, multiple or sole selling rights
- Whether a fee is owed if you find a buyer yourself
- Whether a fee is owed if another agent introduces the buyer during the term
- Whether the agent is entitled to a fee on any sale during the term, however it arose
Term, tie-in and notice
- Length of the initial tie-in period
- Notice period required to end the agreement, and when it can be given
- Whether the agreement renews automatically and how to prevent that
- How long after termination the agent can still claim a fee for a buyer they introduced
- How an introduction is defined and evidenced
What the fee includes
- Photography, floor plan and any video or virtual tour
- Which portals and for how long
- Signage, printed particulars and any premium listing placement
- Accompanied viewings, and whether they are charged separately
- Energy assessment or equivalent certificate where required
- Anything described as optional, with its price
How the sale will be handled
- Named individual responsible for your property
- How often you will receive feedback, and in what form
- Whether all offers will be passed on in writing
- Whether the agent may recommend related services, and any commission received
- How the property will be marketed to their existing buyer list
- Whether they can refer you to a lawyer or broker, and on what terms
Before you sign
- Ask for the valuation reasoning and the comparable sales behind it
- Check the agent recent sold prices against their asking prices in your area
- Confirm what happens if you accept an offer and later withdraw
- Take the agreement away and read it rather than signing at the appraisal
- Get any verbal promise about fees, marketing or term written into the agreement
The tie-in is the clause to negotiate
A long tie-in transfers all the risk to you. If the agent is confident in the valuation, a short initial period is a small thing to ask for, and reluctance to agree one is informative in itself.
Watch for fees after termination
Many agreements entitle an agent to a fee if a buyer they introduced eventually purchases, sometimes for a long period after the agency ends. That clause is reasonable in principle and expensive in practice if you instruct a second agent. Ask for the introduced-buyer list in writing when the agreement ends.
The highest valuation is not an offer
Agents compete for instructions and the easiest way to win one is a high valuation. Ask each agent for the recent comparable sales behind their figure. The one who justifies a lower number with evidence is usually the one who will sell the property.
Common questions
How long should a tie-in be?
Short enough that a poor performer can be replaced within a reasonable time. Long initial periods place the entire risk of a bad instruction on the seller, and a confident agent has little reason to insist on one.
Can I use more than one agent?
It depends on the agreement type you sign. Some expressly prevent it, and others entitle the agent to a fee even where another agent found the buyer. Check the specific wording before instructing anyone else.
Is the fee negotiable?
Usually, particularly on higher-value properties where a percentage produces a large absolute figure. What is included is often more negotiable than the headline rate, so compare total packages rather than percentages alone.
Related templates
Disclosure, agency terms, negotiation and handover.
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