When Sellers Change Agent: Protecting Fees, Avoiding Disputes, and Getting It Right
One of the most common — and often misunderstood — situations in estate agency is when a seller changes agent part-way through a sale. It can feel straightforward on the surface, but if handled incorrectly, it can quickly lead to fee disputes, complaints, and even legal action.
For agents, this is not just about protecting commission — it’s about demonstrating professionalism, compliance, and clear communication.
The Key Principle: Who Introduced the Buyer?
At the heart of any fee dispute is one simple question:
Who introduced the buyer?
If a buyer was introduced by the first agent, that agent may still have a legitimate claim to a fee — even after they have been disinstructed.
This is where many issues arise, particularly when there has been poor communication or a lack of written records.
What the Newly Instructed Agent Must Do
When you take over a property instruction from another agent, you must not assume a clean slate.
Your first step should always be to:
Ask the seller for a full list of buyers introduced by the previous agent.
This is critical because:
- Any of those buyers may still be considered the effective introduction
- Progressing a sale with one of those buyers could trigger a dual fee dispute
- You have a responsibility to act with due diligence and transparency
If a buyer you engage with appears on that list, the correct approach is clear:
That buyer should be referred back to the original agent.
Failing to do this risks:
- The seller being liable for two fees
- A formal complaint or redress claim
- Reputational damage to your agency
What the Original Agent Should Have Done
Of course, responsibility does not sit solely with the new agent.
The first agent should have:
- Provided the seller with a written list of all introduced viewers
- Clearly warned the seller in writing that:
- If any of those buyers proceed, a fee may still be payable
- Maintained clear records of:
- Viewings
- Communications
- Offers
This is not just good practice — it is essential for protecting their position in any future dispute.
The Reality: Where Problems Occur
In practice, disputes tend to arise where:
- The original agent fails to provide a clear introduction list
- The seller does not understand their ongoing liability
- The new agent does not check properly before progressing a buyer
This creates a perfect storm — particularly in a market where sellers are more likely to switch agents in pursuit of a sale.
A Simple Check That Prevents Big Problems
Before progressing any buyer on a re-instruction, ask:
- Was this buyer introduced previously?
- Do they appear on the original agent’s list?
- Has the seller received written confirmation of potential fee liability?
If there is any doubt, pause and clarify.
This small step can prevent:
- Dual fee disputes
- Delayed transactions
- Escalations to ombudsman schemes
Why This Matters More Than Ever
With increasing focus on professional standards, consumer protection, and potential future regulation of property agents, these scenarios are under greater scrutiny.
Handling them correctly demonstrates:
- Strong compliance awareness
- Professional integrity
- A commitment to protecting both client and consumer
Training Opportunity: Turning Risk into Strength
This is a perfect example of where structured training makes a measurable difference.
Agents who are trained to handle:
- Re-instruction scenarios
- Fee entitlement rules
- Clear client communication
are far less likely to encounter disputes — and far more likely to build trust with clients.
With platforms like InHouse, agencies can:
- Create clear induction pathways for new starters
- Ensure consistent processes across branches
- Use reporting tools to track understanding and completion
- Keep teams updated as legislation and best practice evolve
In a market where compliance and professionalism are becoming non-negotiable, this isn’t just helpful — it’s essential.
Final Thought
Before assuming a new instruction is a fresh start, take a step back.
Check what the previous agent did.
Check what the seller understands.
And most importantly — check who introduced the buyer.
Because getting this right doesn’t just protect fees —
it protects your reputation.