The future of
home buying
and selling
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Propertymark Protection.
This position paper includes
recommendations to increasing
consistency and transparency,
improving the speed and
quality of the process and
reducing fall throughs.
POSITION PAPER
Apr 2024
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#LOOKFORPROPERTYMARK
LETTING AGENTS ESTATE AGENTS AUCTIONEERS
& VALUERS
We are the leading
membership body for the
property sector with nearly
18,000 members who
display the Propertymark
Protected logo
1PROPERTYMARK.CO.UK
Throughout the UK, 16.1 million
households own their home
outright or with a mortgage
1
2
.
This accounts for 63.8% of all
households in the UK with over
1.2 million residential property
transactions between 2022
and 2023.
3
This makes homeownership the largest housing
tenure in the UK by far. The vast majority of homes
purchased are bought and sold through estate
agents, with most recent statistics estimating that
83% of all homes were sold through a traditional
high street estate agent
4
. This means that estate
agents play a fundamental role in home buying
and selling and any future policy developments
for reform.
Considering the number of property transactions that
take place every year, it would be reasonable to
assume that the process has been rened to a quick
and straightforward procedure. However, despite
the importance of the process, it has been subject to
much criticism and has not seen much improvement
over the past few decades.
"The process hasnt changed for many years
and there is little that is good about it. The
process has failed to progress, failed to use
technology and there is an overall lack of
technology between stakeholders."
Executive summary
Propertymark member
estate agent based in the
North of England.
IMPROVING THE HOME BUYING
AND SELLING PROCESS
Moving house is considered a slow and frustrating
process, especially when compared internationally
where countries such as the USA, Australia, and
Norway complete transactions in a fraction of
the time. This has not gone unnoticed by the UK
Government, who want to understand how the home
buying and selling process can be improved.
Previous and current governments in Westminster
have made commitments to address the following
issues:
Length of time to complete a sale
Transactions failures
Consumer inexperience
Lack of transparency
The comparatively high cost of the process
Weak regulation of estate agents
Limited digitisation and innovation
Over the spring and summer of 2023, Propertymark
held round tables with our sales members from the
North and South of England, Wales, and Northern
Ireland to discuss the key challenges and solutions for
the Home Buying and Selling process.
In doing so, we have uncovered multiple issues that
slow down the process and lead to fall-throughs in
property sales:
1. Lack of regulation of property agents
2. Available guidance
3. Inconsistent processes within these industries
4. Missing and duplication of information during
the process
5. The number of industries involved
6. Modernisation
4
3
In addition to action from the
UK Government, there have been
calls from the industry to come
together to improve the process.
5
4
Regulation of
property agents
6
Estate agents across the UK are predominantly
regulated through the Estate Agents Act 1979 and
its amended Orders and Regulations as well as the
Consumer Protection from Unfair Trading
Regulations 2008.
Additional regulations include:
Companies Act 2006
Consumers, Estate Agents and Redress
Act 2007
Town and Country Planning (Control of
Advertisements) Regulations 2007
Energy Performance of Buildings
(Certicates & Inspections) Regulations
(Northern Ireland) 2008
Business Protection from Misleading
Marketing Regulations 2008
Energy Performance of Buildings (England and
Wales) Regulations 2012 require the seller to
commission an Energy Performance Certicate
(EPC) Consumer Contracts (Information,
Cancellation and Additional Charges)
Regulations 2013
Consumer Rights Act 2015
The Company, Limited Liability Partnership
and Business (Names and Trading Disclosures)
Regulations 2015
The Money Laundering, Terrorist Financing and
Transfer of Funds (Information on the Payer)
Regulations 2017
Economic Crime (Transparency and
Enforcement) Act 2022
Leasehold Reform (Ground Rent) Act 2022
Building Safety Act 2022
Despite these laws, there is no legal requirement for
estate agents to be qualied, licensed or a member
of a professional body. As a result, there is no
guarantee that an estate agent would be aware
of these regulations and the interpretation of how
these regulations inform and impact daily business
will vary.
"Some agents just
dont understand
what information they
should be putting out
and asking the vendor.
Estate agents who
are well trained know
about properties and
areas, which will save a
lot of time."
Propertymark member estate agent
based in Northern Ireland
5PROPERTYMARK.CO.UK
The issue of no set minimum
standards for estate agents
is made worse by a lack of
standardisation and guidance
GUIDANCE FOR AGENTS
While members of professional bodies such as
Propertymark are qualied and have access to
training, information, best practice guides and
support to ensure compliance, there is no industry
standard step-by-step procedure for how to buy
or sell a home.
Guidance can help standardise the sector, which
would be particularly benecial for agents with less
experience and organisations working with agents
to ensure their practices complement the process
for agents.
REDRESS
Under the legal requirement for agents to belong
to one of the two government-approved redress
schemes, there is an assumption that all agents
have a complaints procedure in place and will
deal with matters in the same way and within the
same timescales.
A quick search of agent websites will show the
difference in complaints handling procedures and a
difference in how the information is presented. This
causes confusion and frustration to consumers when
they see little action taken after raising a complaint.
Furthermore, the redress schemes are inconsistent in
the way that they handle complaints because agents
who are members of the schemes are not working to
the same requirements and the schemes adjudicate
to different professional standards.
This is evident in two ways. Firstly, out of the two
government-approved redress schemes (The Property
Ombudsman and the Property Redress Scheme),
only The Property Ombudsman has a Code of
Practice that members of the scheme must
comply with.
Secondly, because The Property Ombudsman
was the rst redress scheme to gain status as an
Ofce of Fair Trading Approved Estate Agents
Redress Scheme under the provisions of the
Consumers Estate Agents and Redress Act 2007
before the introduction of the approved Code
of Practices, some agents working in residential
sales and residential lettings have signed up as
‘Registered Members’ of The Property Ombudsman.
These members do not subscribe to The Property
Ombudsman Code of Practice and display
a different logo to members of The Property
Ombudsman. This creates further confusion for
consumers and inconsistencies in standards.
6
INTERACTIVE GUIDANCE
FOR CONSUMERS
Member agents have also reported that many
consumers are simply not ready to start the process
by the time they contact an agent, with issues arising
when sellers do not have all the information required
on their property ready.
While UK Government guidance exists for
consumers, the Department for Levelling Up, Housing
and Communities (DLUHC) is concerned that the
awareness of this guidance is not at the level they
would like it to be.
INCONSISTENT PROCESS
WITHIN INDUSTRIES
One of the most signicant barriers to collaboration
in the home buying and selling process is that
there are inconsistent processes across sectors
(legal, nance and property) and within different
organisations as well. There is no standardisation
within many of the organisations involved, meaning
that there are different expectations as to how
the process should be run at each stage. The
inconsistency of expectations and procedures across
all industries involved often leads to confusion and
delays in the buying and selling of homes.
Members have stated that building relationships
helps to improve the process. When organisations
understand what each other is doing and what to
expect from them, the process is much faster with
fewer delays. However, this is only a temporary
solution and relationships fall apart when a
company goes out of business or key members of
staff leave. It is also dependent on all organisations
being willing to collaborate, which is not always
straightforward.
The housing
industry
shouldnt
be treated in silos;
buyers, agents,
conveyancers should
all be included in one
guide to show how it
all works together.
Propertymark member estate agent
based in North Wales
7PROPERTYMARK.CO.UK
MISSING AND DUPLICATION
OF INFORMATION DURING
THE PROCESS
A consequence of inconsistent processes and a
reluctance to cooperate is that data and information
that is required for the process to continue is often
ignored even if shared. Propertymark members,
despite being recommended to provide a Property
Information Questionnaire (PIQ) have reported that
they are asked to provide the same information
weeks after handing the PIQ to solicitors and other
organisations involved in the transaction.
This can bring the process to a standstill as other
industries involved are reluctant to change how they
operate to accept information that they are used to
asking for later on in the process.
Agents also have to take responsibility for this, as
there is no guarantee that the full range of property
information is shared or always in the same format,
which leads to other industries being unaware that
they should expect it.
INCONSISTENT PROCESS
WITHIN INDUSTRIES
The comparatively slower speed and number of fall-
throughs in the process are further compounded due
to the number of industries involved.
From an assessment of the industry the following
organisations commonly work within the home
buying and selling process, not including the
regulators and professional organisations
representing these sectors:
1. Estate agents
2. Residential surveyors
3. Valuers
4. Solicitors
5. Mortgage lenders and brokers
6. Insurance professionals
7. Search and data providers
8. Removers
9. HM Land Registry (HMLR)
10. Community living administrators
11. Technology providers and property portals
While not all of these organisations will be involved
in every single transaction, the top ve especially will
be involved in the vast majority of sales. All these
organisations are subject to different legislation and
varying degrees of regulation and processes which
each will have to be aware of. Understandably, with
the number of organisations involved each with their
own way of working, collaboration is difcult which
can lead to a slow process with increased numbers
of sales fall-throughs.
Lawyers tend to
be very slow and
won’t pick up the
phone, they rely
on emails and won’t have a
conversation… Planners are
a law into themselves and
slow the process down for
new builds.
Estate agent based in London
8
10
Considering many
companies have adopted
digital information-sharing
procedures, there is no
reason why industries
involved in the home
buying and selling process
continue to use outdated
methods of collaboration.
MODERNISATION
Technology has opened up the opportunity for
prospective buyers to view thousands of properties
across the UK in a fraction of the time that they
would have been able to a few decades ago.
Never have buyers had access to real-time
information on the availability of properties and
virtual tours that allow buyers to view and shortlist
potential properties without leaving their homes.
However, that is where the progress in technology
ends. Much of the home buying and selling process
is still paper-based with no widespread adoption
of technology that can improve the speed of the
process once it starts. The process relies heavily on
emails being sent where important information can
easily be missed, ignored or lost.
9PROPERTYMARK.CO.UK
History of reforming
the process
The UK Government has made several attempts
to improve the process. In 1997 the Labour
Government carried out a review of the process with
various proposals for reforms introduced through the
2000 Green Paper:
Quality and Choice: A Decent
Home for All
5
.
Proposals for reforms included:
The introduction of a seller’s pack
Changes to the law to permit electronic
conveyancing
Encouraging local authorities to speed up
the search process
Asking lenders to expedite the provision of
deeds and the processing of mortgage
applications
Following the transfer of government, the
Conservative Party conducted research into the
process, highlighting that while some action had
been taken, the previous administration had failed to
truly improve the speed and quality of the process to
levels experienced in other nations.
Policy papers including HM Treasury’s
A better
deal: boosting competition to bring down bills for
families and rms
6
and later the then Ministry of
Housing, Communities & Local Government’s 2018
consultation on improving the home buying and
selling process
7
.
These reports and consultations came to the
following conclusions on how the process can
be improved.
Inject innovation into the process of home buying to
provide consumers with different—and potentially
quicker, simpler and cheaperways to buy and sell
a home.
Create a mandatory professional qualication
for estate agents with an ongoing requirement to
undertake Continuing Professional Development.
Work with the industry to standardise the
presentation of referral fees and ensure that
customers are made aware of any potential referral
fee before they decide whether to purchase.
Develop and publish ‘How to Buy’ and ‘How to Sell
guides to ensure customers are better informed of
the process.
In the longer term, most of the information consumers
need to know about a property should be available
up front when the property is marketed, for example
through the development of a ‘property passport’.
Set xed time frames and maximum fees for the
provision of leasehold information, potentially with a
statutory underpinning, and encourage managing
agents to make this information available
electronically to enable instant access.
Work with industry to develop a short, standardised
reservation agreement which can be used in any
transaction
8
.
10
Propertymark’s position paper
comes o the back of the renewed
eorts to improve the home
buying and selling process.
In this paper, we have presented the agents
perspective to ensure that future regulations reect
the evidence our members are seeing on the ground
and that future actions respond to the largest
challenges affecting the process.
To fully understand the current frustrations within the
process and to also ensure that the positive elements
can be highlighted, Propertymark conducted a series
of member roundtables.
Many of the challenges facing agents were
consistent across the country, with some issues more
pronounced than others. Following discussions from
our roundtables, our reform proposals have been
broken down into the following three sections:
1. Increasing consistency and transparency
2. Improving the speed and quality of the process
3. Reducing fall throughs
The future of home
buying and selling
Despite the extent of research and commitments
made to improve the process, the industry and the
public still regard the process as slow and difcult.
While progress has been made in some areas,
with greater standardisation of referral fees and
the publication of ‘How to Buy’ and ‘How to Sell’
guides, little progress has been made towards many
of these recommendations.
As such, there has been a renewed interest in
reforming the process. In June 2023, the Department
for Levelling up, Housing and Communities
(DLUHC) began a research project into the process,
conducting interviews with people who had recently
been through or were currently in the process of
buying or selling a home.
RECOMMENDATIONS FOR REFORM
11PROPERTYMARK.CO.UK
One of the most signicant challenges of the home
buying and selling process is the lack of consistency
from all organisations involved. Beyond regulations
setting out illegal activity, there is no standard for how
homes should be bought and sold. While this would
usually not be such an issue for other industries, since
this exibility allows for agents to innovate and ensure
that they can tailor their procedures to t the specic
needs of each client and property, the home buying
and selling process requires the collaboration between
almost a dozen industries, each working in silos.
Increasing consistency
and transparency
SECTION 1
Due to this lack of consistency and transparency, it is
very difcult for all industries involved to improve their
ability to complete transactions as each transaction
will be conducted slightly differently. This affects both
agents and the industries they are required to work
with to ensure a timely and efcient transaction.
Furthermore, a lack of consistency within the property
agent sector can lead to negative experiences with
unprofessional and inexperienced agents.
11PROPERTYMARK.CO.UK
MODERNISATION
Four solutions would best improve redress in the
housing sector:
Better awareness from consumers of how to raise
a complaint.
Schemes should all operate to the same
criteria/standards.
A code of practice for housing providers (e.g.
landlords, housing associations, developers)
on complaints handling
A streamlined redress provision in housing
REGULATION
The UK Government should review and implement the
recommendations of the 2019 RoPA Working Group
report. The report calls for all residential property
agents to be licensed and adhere to a Code
of Practice.
All staff delivering ‘reserved activities’ including those
involved in the buying and selling process should
hold a Level 3 qualication, with all activity overseen
by a new independent regulator. The combination of
minimum qualications and an established Code of
Practice will not only raise standards but will support
the process by ensuring buyers, sellers and all other
industries involved have established expectations
from agents.
12
STEP-BY-STEP HOME BUYING
AND SELLING GUIDE AGENTS
While qualications and a Code of Practice can
help improve standards, there would still be an
element of inconsistency with the way agents
operate. While this enables agents to adapt their
operations based on the property and adopt their
own way of working, this can lead to a lack of
consistency and transparency when working with
other organisations. The creation of an established
home buying and selling guide for agents will
establish consistent practices within the industry and
expectations for other organisations involved.
IDENTITY CHECKS
Propertymark is working with Etive and other
industry stakeholders on a project to develop a
digital identity trust scheme for the home buying
and selling sector. Aligned to the eventual UK
Digital Identity and Attributes Trust Framework that
is being developed by the Department for Digital,
Culture, Media and Sport (DCMS), the development
of the Scheme, known as MyIdentity, will allow the
digital identity of a home buyer/seller to be veried
once and then be shared by the consumer used
throughout the rest of the sales transaction, based
on consent.
IMPROVING COMMUNICATION
BETWEEN AGENTS,
CONVEYANCERS, AND
OTHER STAKEHOLDERS
Members from across England and Wales largely
agreed that the relationship between agents and
other industries needs to improve. A communication
breakdown often leads to delays, fall-throughs, and
a poor experience for clients.
To prevent this, there must be a clear commitment
to transparency and communication from all
organisations involved. Much of this can be
mitigated through improved relationships with
individual organisations. Good relationships with
local conveyancers and solicitors do improve the
process, as agreements can be reached on how to
collaborate effectively.
However, it was raised that building relationships
is very time-consuming and falls apart when key
individuals leave their organisation and new staff
take their place.
Joint guidance and or a Memorandum of
Understanding between relevant associations should
be introduced to improve joint working between all
organisations within sectors working throughout the
home buying and selling process. It should set out
clear roles and expectations for each, including best
practice guides on how to effectively collaborate.
One example was a ow chart to illustrate the
interactions between conveyancers and agents.
13PROPERTYMARK.CO.UK
REAL-TIME ACCESS TO
INFORMATION AND DATA SHARING
Different forms of communication are seen as one of
the chief reasons for a breakdown in relationships
throughout the home buying and selling process.
Some organisations would rather meet in person or
discuss issues over the phone, while others preferred
text-based communication, some even via post.
This would lead to issues remaining unsolved, with
different organisations failing to meet each other
on mutually benecial terms. As a consequence,
information is often lost or missing. Additionally,
required forms and information shared can often
get lost or require updating which can take
signicant time and lead to a further breakdown
of communication.
One way to facilitate improved communication
and transparency with the status of required tasks
within the process is to ensure all organisations
always have access to real-time information, with
the recognition of some limitations due to protecting
sensitive information.
Introduce cross platforms where all those involved in
the home buying and selling process have access to
up-to-date real-time information that can be easily
shared by other parties when required. This follows
similar strategies set out by HMLR, with their HMLR
Strategy 2022+
9
.
A platform that
can facilitate the
home buying and
selling process
digitally would
greatly improve
transparency from
all organisations
involved.
14
Buying and selling a new home is likely to be one of
the most important transactions that an individual or
family will make. For consumers, especially people
who have not engaged with the home-buying process
for a lengthy period, buying or selling a home can
be an incredibly stressful experience. Although the
process can be simpler for rst-time buyers, the process
remains daunting for some.
Consumers in the UK can expect to move into a
home in around 12 to 22 weeks if the process runs
relatively smoothly. However, with so many processes
to consider such as the buying process and the transfer
of ownership, as well as many stakeholders to interact
with from estate agents to conveyancers, delays are
often inevitable and can severely hamper the process.
Improving the speed and
quality of the process
SECTION 2
The frustration of delays was well documented by
participants from across all parts of the UK, and there
did not appear to be a region that was immune from
the frustrations that delayed the home buying and
selling process.
While improving consistency and transparency can
improve the speed of the process, through agents
becoming more procient and experienced with the
expected process, there are additional ways in which
the speed and quality of the process can be improved.
LOCAL AUTHORITY SEARCHES
One aspect that is often outside of the control of
agents and other organisations working within
the process is the input from local authorities. A
shortage of local authority planning ofcers was
seen as one reason for slowing down the process
particularly when dealing with new build properties.
Statistics from the Local Government Associations
2022 workforce survey found that almost six in ten
English local authorities could not recruit and retain
planning ofcers.
Another frustrating delay from local authorities was
the speed of local authority searches. This was
particularly highlighted in Wales and London, but
with signicant pressures on local authorities is likely
to be a factor across England and Wales.
Some participants in our research suggested there
is a post-code lottery on the time taken for local
authority searches. That being said, it was clear
that a lack of resources was partly to blame for the
delays caused.
Continued...
14
15
Governments need to support local authorities,
especially in rural areas, in the recruitment
and retention of specialist ofcers in planning
departments. The UK Government should also
publish local authority-level statistics of the time taken
to determine local authority searches. This could be
done to drive performance and support those local
authorities that are currently performing badly.
THE NEED TO EMBRACE
TECHNOLOGY
When we spoke to property agents about their
concerns with the performance and speed of the
home buying and selling process and how efcient it
was for consumers, there was widespread pessimism
from those in attendance. Unlike in many industries,
it was felt that there was widespread failure to
embrace new technology, which should speed the
process up and improve communication between
stakeholders such as agents and conveyancers.
This failure to embrace new technology has led to
little change in the industry over the last thirty years.
In fact, given that the process has become complex,
involving larger amounts of money and that people
are moving less than they have traditionally in the
past, some agents felt that the failure to adopt new
technology has led to even greater delays.
Propertymark is working with the Department for
Science, Innovation and Technology (DSIT) and
property industry experts, who recognise that
identity proong is a frustrating part of the home
buying and selling process for consumers. The
process may involve consumers repeating the
verication process up to ve times, providing similar
information each time to different stakeholders.
This can also cause delays in the sales process and
unnecessary costs and frustration for all.
We recommend that agents engage with
government trials in adopting online platforms for
identity checks and proof of funds, which will cut
the time taken for consumers to prove their identity,
minimise the opportunity for errors along the process
and reduce the risk of fraud.
THE PERFORMANCE OF
ESTATE AGENTS
Estate agents were generally seen as performing
well in the process, although for some there was
considerable room for improving professional
standards, especially for new and less experienced
agents. The level of local knowledge was one
area of concern, which can be vital to streamline
the process, with a perception that smaller estate
agents appear exible to local problems and offer a
high degree of local knowledge and expertise. The
experience of the Propertymark membership was
that the level of local expertise from agents varied
considerably.
Additionally, there are critical gaps in agents
knowledge of specic issues such as leasehold
clauses, cladding issues, and planning constraints
such as section 106 agreements. It was believed
that much like with ensuring consistent minimum
standards, regulating property agents would not just
set standards but raise them as well.
As a result, the quality and speed of the process can
be improved. Through the regulation of property
agents, minimum CPD should be set for estate agents
to become more knowledgeable about their local
area, with requirements for training in areas that
would usually delay property transactions such as
leasehold clauses, cladding issues and planning
constraints. This will ensure a quicker, higher quality
of service where barriers to the speed of the process
can be addressed by providing agents with greater
knowledge of the barriers to the home buying and
selling process.
16
SECTOR-WIDE COMMITMENT TO
IMPROVING THE PROCESS
In addition to issues of consistency of estate agents
working practices, Propertymark members have
routinely spoken of how the practices of other
industries also interfere with their ability to progress
with a transaction.
While guides, including a sector-wide guide, can
help improve the speed of the process, without a
sector-wide commitment, there is no guarantee that
individual rms will follow any agreed standards
around the set process or standards
in communication.
As a result, while we would see some pockets
of improvement within the process, to increase
the speed and quality of the process on a cross-
national level, we would require a commitment from
professional industry bodies to improve the process.
Professional industry bodies representing all
industries involved must commit to promoting cross-
sector guidance and best practices to improve the
home buying and selling process. This can become
part of the requirements to become certied, with
cross-sector-approved guidance issued to members
on how to best collaborate with other industries
involved.
Propertymark
members have
routinely spoken of
how the practices of
other industries also
interfere with their
ability to progress
with a transaction.
17PROPERTYMARK.CO.UK
Estimates vary on the number of property transactions
that fall through. Some organisations estimate that
fall-throughs in Q1 2023 were as high as 55.8%
10
although more recent gures appear to show the
number is closer to one in four property sales
11
. This
is an increase from Propertymark’s 2019 estimate of
one in ve property sales
12
. With every fall through
costing agents over £4,000
13
, this is a growing area
of concern.
Just like in most sales transactions, participants
agreed that to some extent some fall-throughs are
unavoidable. Sometimes a buyer simply changes their
mind because they nd a more appropriate property
Reducing fall throughs
SECTION 3
to meet their needs, have a change of heart or for
any other reason. A breakdown further up the chain,
legal issues and a seller deciding not to sell are also
commonly cited issues.
While there are unavoidable fall-throughs, it was clear
from participants that there was a lot an agent could
do to reduce fall-throughs by being organised, open
and transparent with buyers.
ENSURING PROSPECTIVE BUYERS
AND SELLERS ARE READY BEFORE
THE PROCESS BEGINS
There are cases where buyers and sellers have
approached agents where they do not understand
the full process of what they need to do to purchase a
property that a lack of resources was partly to blame
for the delays caused.
While this would primarily apply to clients who have
not bought or sold a house before, many clients can
be caught unaware of the amount of information they
need to provide especially if they are overcondent
due to their experience with the process beforehand.
Delays caused by a lack of understanding of how the
process works and property not being ready for the
market lead to breakdowns further up the chain and
legal issues not being resolved, which causes sales to
fall through.
There is, however, much that an agent can do to
enable buyers and sellers to be ready. The UK
Government has issued guidance for sellers and
buyers, which can be shared to ensure clients are
well-prepared. Agents would be able to go through
the guides and provide their advice to clients to ensure
they are ready and explore potential legal concerns
that can be resolved before the process begins.
17PROPERTYMARK.CO.UK
PROVIDING INFORMATION BEFORE
THE HOUSE IS PUT UP FOR SALE
Before the house is put on the market, the agent has
an important role in providing as much information
as possible and must do their research diligently.
This was also seen as an area where the vendor can
support the agent by providing as much information
as possible on the property, being organised with
documentation and providing information that
is pertinent to the property such as utilities and
broadband. The seller should use this opportunity to
mention any problems with the property as early as
possible to avoid frustrating delays and fall-throughs.
There were some concerns that agents would be
reluctant to use information as part of the sales
process due to concerns about compliance with
data protection. However, it was felt agents should
provide as much information as possible and
should use the Propertymark Property Information
Questionnaire (PIQ) which is a vital tool for ensuring
agents meet their legal obligations under the
Consumer Protection from Unfair Trading Regulations
and can help reduce fall throughs where a buyer
discovers an issue that can impact their decision
to purchase. This PIQ can then be shared with the
buyer and all other organisations involved in
the process.
It should be made a mandatory requirement for
agents to conduct property checks and ll in a
PIQ before the property is put on the market. This
will ensure that any unknown information can be
identied and resolved without the risk of delays
up the chain.
ENSURE GREATER COMMITMENT
FROM BUYERS AND SELLERS AFTER
AN OFFER IS MADE
While this sometimes cannot be avoided, for
example, if there is a drastic change in a buyer’s
circumstances, one way to avoid this is to ensure
that neither the buyer nor the vendor can pull out
of the transaction unless there are legal reasons or
there are serious issues with the property. While this
may lead to a reduction in the number of people
putting offers on properties, this would go some way
to prevent buyers from placing ill-advised offers
reducing the number of fall-throughs.
This approach has been adopted in France, where
buyers have a seven-day cooling-off period after
making an offer, after which they cannot withdraw
from the sale. This synergises with our other
recommendations, whereby agents take more time
before an offer is made to ensure that both the
buyer and vendor are certain they would wish to
proceed and full information relating to a property is
available for both parties.
This would also prevent the seller from pulling out
of a sale just because an alternative buyer made a
better offer, thereby reducing the stress for buyers
who may have incurred substantial legal costs at this
point in the process.
Another way to prevent buyers and vendors from
pulling out of the sale once an offer has been made
is a greater commitment from agents to spend more
time ensuring the property, vendor and buyer are
ready for the sale.
The main reason transactions fall
through is when a buyer changes
their mind during the process.
18
19PROPERTYM ARK.CO.UK 19PROPERTYMARK.CO.UK
SOURCES:
1. Housing, England and Wales - Ofce for National Statistics (ons.gov.uk)
2. Northern Ireland Housing Statistics 2020-21 (communities-ni.gov.uk)
3. Monthly property transactions completed in the UK with value of £40,000 or above - GOV.UK (www.gov.uk)
4. Research on buying and selling homes (publishing.service.gov.uk)
5. Quality and Choice: A Decent Home for All (gm1housing.co.uk)
6. A better deal: boosting competition to bring down bills for families and rms - GOV.UK (www.gov.uk)
7. www.gov.uk/government/consultations/improving-the-home-buying-and-selling-process-call-for-evidence
8. www.researchbriengs.les.parliament.uk/documents/SN06980/SN06980.pdf
9. HM Land Registry Strategy 2022+ - GOV.UK (www.gov.uk)
10. www.propertyreporter.co.uk/q1-sees-over-half-of-property-sales-fall-through-as-market-readjusts.html
11. www.quickmovenow.com/blog/signicant-drop-in-number-of-house-sales-falling-through
12. www.propertymark.co.uk/resource/report-shows-need-for-change-as-number-of-sales-falling-through-increases.html
13. www.propertymark.co.uk/resource/estate-agents-lose-over-4-000-for-every-property-sale-that-falls-through.html
20
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