ESPC CEO Responds to BBC Panorama: A Call for Ethical Estate Agency Practices

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Following the BBC Panorama investigation, ESPC CEO Paul Hilton highlights the ethical advantages of working with solicitor estate agents in Scotland.

The investigation revealed unscrupulous practices by some estate agents in England, raising serious concerns for home buyers and sellers during one of the most significant financial transactions of their lives.

A Different Standard in Scotland

At ESPC, alongside our 130 solicitor estate agent member firms, we value openness, honesty and clear communication – qualities that were notably absent in the cases highlighted.  However, these examples do not reflect the entire estate agent market, particularly not solicitor estate agents, who are regulated by the Law Society of Scotland. This regulation provides a robust framework for ethical standards and client protection.

Key Issues Highlighted in the Investigation

The investigation highlighted concerns with overvaluing, with agents inflating prices to win the instruction, and clear conflicts of interest by the agents, prioritising commissions and additional sales opportunities over the interest of sellers. Conditional selling was also exposed. This is where offers from buyers not using the selling agents mortgage broker are prejudiced against. There were clear cases where commission was prioritised over sellers’ interests.

The Benefits of Using a Solicitor Estate Agent

Most sellers in Scotland choose a solicitor estate agent to manage the entire transaction —a practice we strongly advocate. This ensures that the sellers’ best interests are prioritised throughout the process and mitigates many of the issues raised in the investigation, as both Buyers and sellers are each represented by their own legal professionals who are duty-bound to act in their clients’ best interests.  Sellers also benefit from a partner who understands the full scope of the transaction, from the local market, marketing to conveyancing and completion, offering greater protection, clarity, and service.

Industry Agreement

I’ve been speaking with Laura Walker from ESPC member firm Deans Solicitors & Estate Agents LLP on this. She said: “Solicitor estate agents are regulated by the Law Society of Scotland, whilst estate agents do not have the same level of regulation. Regulation provides the public better protection throughout the whole process of both buying and selling a property. Solicitors maintain professional practices held to the highest of standards, who at all times must act in the best interests of their clients.  

“Selecting a solicitor estate agent means you’re getting expert legal advice and a comprehensive, start-to-finish service — all under one roof, backed by the Law Society of Scotland’s rigorous regulatory framework.”

Recommendations for Reform

There are additional measures we recommend which would prevent such unethical practices altogether:

  1. Introduction of the recommendations of the ROPA report.
  • Named independent estate agency regulator
  • Legally enforceable code of conduct
  • Minimum standard of competency and continued professional development
  1. A requirement to provide comparable evidence for the valuation of the property
  2. A mandatory requirement for all offers to be submitted via solicitors across the UK

ESPC’s Commitment to Raising Standards

Ahead of any mandatory minimum standards of competency, many ESPC solicitor estate agents in addition to already being regulated by the Law Society of Scotland have also subscribed to improving their knowledge and professional development via the SPC Property Practice Certification which has been developed with the Law Society of Scotland.

We encourage home buyers and sellers to choose solicitor estate agents for a safer, more transparent property journey. Learn more about our standards.