Explainer

Can my agent make my buyer see their mortgage adviser?

Published 11 August 2026 · 7 min read · By Evren Ergin

No, and it matters to you as much as to your buyer. An agent can ask a buyer to prove they can afford your home, but tying a viewing, an offer or its progress to the agency's own mortgage adviser is conditional selling, it is prohibited, and it can mean the strongest offer never reaches you.

TL;DR

  • Conditional selling is when an agent links viewings, offers or progress to a buyer using the agency's in-house mortgage adviser, solicitor or surveyor.
  • It breaches the Estate Agents (Undesirable Practices) (No. 2) Order 1991 and The Property Ombudsman Code of Practice, and can be an unfair commercial practice under the Digital Markets, Competition and Consumers Act 2024.
  • The Property Ombudsman published guidance for buyers on spotting conditional selling on 14 January 2026.
  • Your agent has to pass on every offer promptly and in writing unless you have told them otherwise.
An empty estate agent's office on a high street in Andover, Hampshire
Photo: Chris Talbot, Geograph / Wikimedia Commonswikimedia

What is conditional selling?

Conditional selling is when an estate agent makes something the buyer wants depend on the buyer taking a service the agency sells. In practice it looks like a buyer being told they can view the property only after a financial appointment with the in-house adviser, or that their offer will be put forward once they have spoken to that adviser.

There is a legitimate version of this and an illegitimate one, and the line between them is simple. Checking that a buyer can afford your home is the agent doing their job. Insisting the check happens through the agency's own adviser is not.

Is conditional selling against the rules?

Yes. National Trading Standards guidance for estate agents sets it out under the Estate Agents (Undesirable Practices) (No. 2) Order 1991: an agent must not discriminate against a buyer because that buyer does not want services from the agent or a connected business. That covers refusing information, delaying it, adding extra hoops before an offer is passed on, or declining to pass the offer on at all.

The same conduct can also be an unfair commercial practice under the Digital Markets, Competition and Consumers Act 2024, whether as a failure of professional diligence, a misleading action, or an aggressive practice using undue influence. Trading Standards enforcement ranges from advice through to criminal proceedings, and it can trigger a warning or a prohibition order under the Estate Agents Act 1979.

On 14 January 2026 The Property Ombudsman published guidance to help buyers recognise conditional selling, confirming that it breaches the Ombudsman's Code of Practice. Membership of a redress scheme is a legal requirement for estate agents, so that Code applies to the firm marketing your home.

What your agent may and may not do

AllowedNot allowed
Asking a buyer for proof of funds or a mortgage agreement in principleRequiring that the agreement in principle comes from the agency's own adviser
Offering the buyer an appointment with the in-house adviserMaking a viewing or an offer conditional on that appointment happening
Recommending a solicitor, with any referral fee disclosedTelling a buyer their offer is stronger if they use that solicitor
Passing you every offer with its funding position attachedHolding back or downplaying an offer from a buyer who used their own broker
Advising you which offer looks most likely to completeSteering you toward a lower offer because the buyer bought other services

Why does this matter to me as the seller?

Because the practice quietly changes which offers you get to see. Trading Standards guidance is explicit that an agent has to give a seller details of all offers received, promptly and in writing, unless the seller has instructed otherwise. Where conditional selling takes hold, buyers who insist on their own broker can be slowed down or nudged aside, and the offer that never reaches you is the one you can never accept.

There is a completion risk too. A buyer pushed into a product they did not choose is a buyer who may re-broker later, restart their application, and add weeks to your sale. You want the buyer with the best funding, not the buyer who generated the most fees for the branch.

Every offer belongs to you. An agent's job is to bring you all of them and tell you which is strongest, not to decide which buyer deserves to be heard.

How can I tell if it is happening on my sale?

  • A buyer mentions, at a viewing or afterwards, that they were told to see the in-house adviser before an offer could go forward.
  • Viewings are only offered after a "financial qualification" appointment with the agency.
  • You are told an offer was "not qualified" and never see the figure or the buyer's position.
  • A lower offer is pushed harder than a higher one, with no clear reason relating to chain, funding or timing.
  • Your agent cannot tell you how many offers have come in, only which ones they consider real.

What should I do about it?

  1. Ask your agent, in writing, for a list of every offer received to date, with the date, the amount and the buyer's funding position.
  2. Tell them plainly that you want every offer passed on, whatever adviser or solicitor the buyer is using.
  3. Speak to the buyer directly at the point you are entitled to, or ask your agent to confirm in writing that no in-house service was required of them.
  4. Keep the correspondence. An email trail is what makes a complaint straightforward later.
  5. If it continues, use the agency's own complaints procedure first, then take it to their redress scheme.

How do I complain if my agent has done this?

Start with the agency's formal complaints procedure, which they have to give you in writing. If eight weeks pass without a resolution you are satisfied with, or you receive a final response sooner, take the complaint to their redress scheme, which will be The Property Ombudsman or the Property Redress Scheme. Both can award compensation. Trading Standards is the route for the enforcement side rather than for your personal remedy.

Common questions about agents and in-house services

Can an agent refuse to pass on my buyer's offer?

No. Trading Standards guidance requires agents to pass on all offers promptly and in writing, unless you have instructed them otherwise, for example that you do not want offers below a set figure.

Can an agent insist a buyer gets an agreement in principle?

They can ask a buyer to evidence their funding, and that is reasonable before a home comes off the market. What they cannot do is insist the evidence comes from the agency's own adviser.

Is it illegal for an agent to recommend their own mortgage adviser?

No. Recommending in-house services is allowed, and any referral fee has to be disclosed. Requiring the buyer to take them, or treating buyers differently depending on whether they do, is where it goes wrong.

My agent says a buyer is not financially qualified. What should I ask?

Ask for the offer figure, the buyer's deposit and lender position, whether they have an agreement in principle from any lender, and their chain. If the only thing missing is an appointment with the branch adviser, that is not a funding problem.

Does this apply to the solicitor as well?

Yes. The same principle covers conveyancing, surveys and insurance. A buyer is free to choose their own solicitor, and so are you.

ValuQ gives UK homeowners free, side-by-side property valuations from competing local estate agents, and the seller stays anonymous until they choose an agent to speak to. The point of comparing before you instruct is that you pick the agent on the quality of their valuation, fees and strategy, then hold them to it.

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Sources

Terms in this article

Plain-English definitions from the ValuQ property glossary.

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