Coming to sell property in Scotland is more than finding a price and booking viewings. There is a binding legal agreement that governs the relationship between you and your chosen representative and that lies behind the marketing and paperwork. Scottish estate agents usually write a contract before taking a property to market and knowing what’s inside can avoid confusion, disputes and costly errors.
What to Watch Before Signing
No two agreements are identical. Some may seem simple at first glance, but the language they use is restrictive. When you’ve called on Scottish estate agents to go ahead, you may be committed to obligations that are hard—or expensive—to get out of. It is necessary to read beyond the opening clauses.
Sole Agency vs. Multiple Agency
The first term you will see is the agency type. A sole agency grants your home to a single firm and gives it exclusive rights to sell your home. Even if a buyer comes through another source or directly, your agent may still be owed a fee. However, multiple agency contracts mean that more than one firm can list the property, but the commission rates are usually higher. Pick the option that supports your goals and ensure you are fine with the commitment.
Notice Periods and Tie-Ins
Some contracts contain hidden strings in the form of extended tie-in periods or lengthy notice terms. A typical agreement might demand four to six weeks’ notice before termination, even if you’re dissatisfied with performance. Make note of the duration and the procedure for cancellation. Can you terminate by email? Is there a financial penalty for switching firms? Unclear exit terms can leave you stuck with an underperforming agent far longer than expected.
Fee Structure Breakdown
Not all commission models are created equal. Some agents charge a flat rate, others work on a percentage of the final sale price, and some combine both. Watch for ambiguous phrasing that could allow additional costs to creep in—photography, marketing extras, or “withdrawal” fees if you decide not to sell. Always request an itemised estimate so nothing comes as a surprise.
When Are You Liable?
A subtle yet critical detail lies in defining when the agent earns their fee. Is it when they introduce a buyer? When missives are concluded? Or only once the sale completes? The wording here matters—especially in situations where a buyer pulls out or if another solicitor or agent becomes involved. Misunderstandings about liability often arise from vague or misleading clauses.
Marketing and Advertising Clauses
How the property is promoted can be just as important as how it’s priced. Contracts often spell out where your home will be listed—portals, social media, and window displays. But does the agreement commit the agent to any specific standard of promotion? Check whether professional photography, floorplans, or virtual tours are included, and ask what happens if you supply your own materials.
Dual Fee Risk
There are times when a seller can be stuck with two contracts and this can be the case if they change agents mid sale. You can be exposed to the risk of paying twice if one agent introduces a buyer who later completes through another channel. Read the terms carefully and confirm whether the agent can charge fees if you do not renew your agreement.
Final Checklist Before Signing
Before you decide to use any estate agent, read the contract with a solicitor or legal advisor. Unusual wording, unexpected charges, and restrictions that will limit your flexibility should be looked for. You should draw out termination procedures, fee triggers and exclusivity terms.
Final Thoughts
Rough negotiating agency contracts is not a legal cup of tea—except to be careful. Those sellers who pause, question, and scrutinise before signing are much less likely to have disputes further along the line. Know the fine print, not the headlines. Empower yourself.
