Estate Agents Survey Report

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    Home Buying and Selling

    Market Study

    Survey of estate agents

    February 2010

    OFT1140b

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    Crown copyright 2010

    This publication (excluding the OFT logo) may be reproduced free of charge in

    any format or medium provided that it is reproduced accurately and not used in

    a misleading context. The material must be acknowledged as crown copyright

    and the title of the publication specified.

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    CONTENTS

    Chapter Page

    1 Executive summary 42 Methodology 73 Results 9ANNEXE 1: COVERING LETTER 50ANNEXE 2: SURVEY QUESTIONNAIRE 51

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    1 EXECUTIVE SUMMARY1.1 As part of the OFT's Market Study of Home Buying and Selling, we

    conducted a survey of estate agents1 between 12 August and 7

    September 2009. Invitations were sent out to 13,849 estate agencies

    and responses were received from 798 (a response rate of six per

    cent).

    1.2 Some respondents worked in estate agency branches that had been

    recently established, with about a fifth (18 per cent) in branches

    established no more than five years ago. Others worked in branches

    with a longer history, with 69 per cent of respondents working in

    branches established for at least 10 years.

    1.3 Six per cent of respondents reported that their branch belonged to a

    franchise.

    1.4 On average, respondents said that in the first half of 2009, they

    carried out 20 property appraisals and made five sales per month.

    1.5 Estate agents most frequently identified local reputation as the most

    important factor in attracting sellers to use their services rather than

    their competitors', with 73 per cent stating that it was 'very

    important'. Quality of service and access to internet property portals

    such as Rightmove and Digital Property Group were also consideredimportant, with 57 per cent and 53 per cent of estate agents,

    respectively, stating that these were 'very important'.

    1.6 Attracting sufficient sellers was identified as the most significant

    barrier to opening a new estate agency business, with 57 per cent of

    estate agents considering this a 'substantial hurdle'.

    1 Where we refer to estate agents in this annexe we mean estate agent businesses that

    responded to the OFT invitation to complete the OFT's online survey questionnaire.

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    1.7 By far the most common estate agency fee arrangement, used in three

    quarters of cases (75 per cent), was the payment of a percentage of

    the final property selling price if the property was sold. Where charges

    were based on a percentage of the property price, estate agents in the

    first half of 2009 charged, on average, 1.6 per cent when acting as a

    sole agent. Just over a quarter (28 per cent) of sellers successfully

    negotiated a fee below that offered as standard.

    1.8 The next most common arrangement, used in just over a fifth of cases

    (21 per cent), was a flat fee, payable only if the property was sold,

    which did not vary with the final property selling price.

    1.9 The most common marketing tools used by estate agents were their

    own branch's website, used 'very often' by 93 per cent, and internet

    property portals used 'very often' by 92 per cent. Over a third of

    estate agents thought that more than 50 per cent of their sales

    originated from internet portals.

    1.10 Forty-three per cent of estate agents stated that in the first half of

    2009, 20-30 per cent of property transactions failed subsequent to an

    offer being accepted by the seller. 'Problems elsewhere in the chain'

    was the most commonly identified cause stated for property

    transactions falling through, with 32 per cent of estate agents stating

    that this was 'very often' or 'often' the reason for the transaction

    failure.

    1.11 Buyers' solicitors were blamed by respondents for delays in the

    property transaction process, with almost a third of estate agents (31

    per cent) indentifying them as the most common source of delay.

    1.12 On average, responding estate agents stated that almost two-thirds

    (65 per cent) of clients opted to use the in-house or referred to service

    for Home Information Pack (HIP)/ Home Report (HR) provision.

    1.13 Of those estate agents that received referral fees from solicitors, 57

    per cent said that they received a commission fee of less than 150

    and 38 per cent received a commission fee in the region of 250-

    299.

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    1.14 Of those estate agents that received referral fees from solicitors, over

    half (53 per cent) informed their clients of the size of the fee. A further

    28 per cent informed their client about the existence of the fee, but

    not the amount. Nearly all (92 per cent) of estate agents that received

    referral fees from lenders said they informed their clients of both the

    existence of the fee and its amount.

    1.15 Sixty-four per cent of estate agents said they didn't think that estate

    agents should be obliged to disclose the level of any referral fee or

    other financial benefit received from services offered to buyers (not

    just the existence).

    1.16 Eighty-three per cent of estate agents said they would support positive

    licensing of estate agents.

    1.17 Eighty-nine per cent of estate agents said they thought regulations

    need updating to address new estate agency models (for example

    internet-based estate agents).

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    2 METHODOLOGY2.1 On 31 July 2009 there were 12,715 UK estate agents on the Experian

    (Yellow Pages) database. Although this is not an ideal database as it

    only contains those businesses advertised in Yellow Pages (and excludes

    businesses whose main trade may be a different activity) it was the

    most complete source available to us.

    2.2 The Experian database categorises businesses based on the section of

    the Yellow Pages in which they chose to advertise. For this reason we

    suspected that some Scottish solicitors that do indeed operate estate

    agency functions, may have been listed in the solicitors section, and

    would therefore be missing from the estate agency database. To

    overcome the potential problem of under coverage in Scotland that this

    would cause, data for solicitors in Scotland (1,134 businesses) was alsoincluded. All businesses on the combined database were then invited to

    participate in our survey of estate agents.

    2.3 The covering letter2 sent to the majority of these businesses may be

    found at the end of the report in Annexe 1 along with a copy of the

    questionnaire in Annexe 2. We did not sample from the database as in

    recent years OFT postal and online surveys have been subject to low

    response rates and it was only likely that we would achieve an ideal

    minimum sample size if we contacted every business.

    2.4 The practices of individual estate agency branches, even those that form

    part of a large organization with centralized procedures, are known from

    industry advice to differ on a location by location basis. With this in mind

    a branch level approach was chosen in order to capture this variation.

    2.5 A small pilot was conducted by a number of volunteer estate agents and

    trade associations, including Royal Institute of Chartered Surveyors

    (RICS) the National Association of Estate Agents (NAEA) and the

    2 A slightly modified cover letter was sent to business in Scotland that asked that solicitors not

    in involved in Estate agency to ignore the invitation to complete the questionnaire.

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    National Federation of Property Professionals (NFOPP), provided

    feedback on the draft survey, highlighting problems and any questions

    they found difficult to answer or irrelevant. Comments were also sought

    from the Scottish Government, Communities and Local Government and

    the Department for Business, Innovation & Skills. The feedback we

    received was used to develop the final version of the questionnaire.

    2.6 The survey of estate agents was conducted online. A small number of

    respondents requested a paper version of the survey. The covering letter

    sent to participants by an external mailing company contained a link to

    the survey together with a unique username and password. Fieldwork

    took place between 12 August and 7 September 2009. Reminders were

    sent to non-respondents at the end of the second week of fieldwork.

    2.7 The questionnaire asked respondents to provide some data for 2009 and

    specified that this should relate to just the first half of 2009. Where

    results for 2009 are presented in this annexe they represent 1 January

    2009 to 31June 2009. Comparisons made between 2009 and other

    years therefore do not take into account any seasonal variations.

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    3 RESULTSRespondents

    3.1 Table 3.1 on the next page shows a regional breakdown of responses,

    along with details of the number of estate agents in each region invited

    to participate in the survey, and the associated response rate. The

    response rate did vary within the regions, with the highest (nine per

    cent) in the East Midlands and the lowest (four per cent) in London.

    3.2 In Scotland 25 responses were received from the 593 listed estate

    agencies, while 34 responses were received from the 1,133 solicitors

    that were contacted (although a large proportion of these will not have

    been involved with estate agency work and so were ineligible for the

    survey). Because the exact number of solicitors that participate inestate agency work is unknown, it is not possible to calculate a

    response rate for Scotland. There were 39 responses from estate

    agents in Wales yielding a six per cent response rate, 22 from Northern

    Ireland yielding a seven per cent response rate, and 687 from England

    yielding a six per cent response rate. The overall response rate for the

    UK as a whole equates to six per cent.

    3.3 Of the 13,820 invitations sent out, 760 were returned to sender. If it is

    assumed that all of these were returned due to the associated

    businesses leaving the market, the resulting response rate rises to

    seven per cent.

    3.4 With the response rate being so low (six per cent) it is likely that the

    survey results suffer from non-response bias. That is, the

    characteristics and attitudes of those who chose to respond differ

    systematically from those who did not respond. Therefore, it would be

    incorrect to generalise the findings of this survey to the population and

    they must only be considered representative of those who responded.

    3.5 One business was unable to provide branch-level responses and

    submitted a single centralised response that represented a number of

    separate branches. In producing the survey results, the data for this

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    particular firm was weighted in order for it to represent the correct

    number of branches. All other responses in the analysis were un-

    weighted.

    Table 3.1: Regional breakdown of survey respondents

    Estate

    agencies

    invited to

    participate

    Number of

    responses

    from estate

    agencies

    Solicitor

    estate

    agents

    invited to

    participate*

    Number of

    responses

    from

    solicitor

    estate

    agents

    Response

    rate

    East of England 1217 108 9%

    East Midlands 669 34 5%

    London 2844 117 4%

    North East 368 19 5%

    North West 1085 66 6%South East 2119 132 6%

    South West 1245 106 9%

    West Midlands 920 49 5%

    Yorkshire And The

    Humber

    775 47 6%

    England total 11242 678 6%

    Wales 526 39 7%

    Scotland 593 25 1133 34

    Northern Ireland 326 22 7%

    Total 12687 798 6%

    * this chart includes some solicitors that do not participate in estate agency work

    Estate agency background information

    3.6 On average the individual estate agents that completed the

    questionnaires had been involved with estate agency for 22 years.

    3.7 Only a small proportion (six per cent) of estate agencies reported that

    their branch was a franchise.

    3.8 Less than a fifth (18 per cent) of the estate agent branches had been

    established in the last five years. Twelve per cent had been establishedbetween five and 10 years, 25 per cent between 10 and 20 years, and

    45 per cent over 20 years.

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    3.9 On average each responding branch had four full-time equivalent

    employees3 (FTE) on 31 April 2009. This was down from five on the

    same date in 2008 and six in 2007.

    3.10 Estate agents were asked about the area over which they offered most

    of their properties for sale. On average estate agents in England sellproperties that are close to their branch, with 55 per cent of them

    being within five miles. In Scotland, Wales and Northern Ireland estate

    agents mostly offered properties for sale that were within 10 miles of

    their branch4 as shown in Table 3.2. Only three per cent of estate

    agents typically marketed properties further than 10 miles from their

    branch.

    Table 3.2: Area over which properties typically offered for sale

    UK

    (798)

    England

    (678)

    Wales

    (39)

    Scotland

    (59)

    NorthernIreland

    (22)

    within 1 mile of

    the branch 5% 6% 0% 3% 0%

    within 2 miles 18% 19% 3% 14% 5%

    within 5 miles 51% 55% 38% 25% 23%

    within 10 miles 23% 18% 55% 49% 68%

    more than 10

    from branch 3% 2% 5% 8% 5%

    3 Full time equivalent employment is a measure that accounts for variation in the number of

    hours per week worked by employees. For example two employees that work part time (20hours per week) equate to one full-time (40 hours per week) equivalent employee.

    4 This result is significant at the 95 per cent confidence level.

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    Activity levels and profitability

    3.11 In 2009 responding estate agents made an average of 20 property

    appraisals per month. This was unchanged from 2008, but below the2007 figure of 28.

    3.12 In 2009 responding agents made an average of five sales per month.

    This was unchanged from 2008, but down from nine per month in

    2007.

    3.13 Forty per cent of responding estate agents made a profit in 2009. This

    was up from 31 per cent in 2008, but down from 86 per cent in 2007.

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    Market factors

    3.14 Estate agents were asked to state the importance of factors attracting

    sellers to their agency rather than their competitors' agency (Chart

    3.3). The most prominent factor, with 73 per cent of responding estate

    agents stating that it was 'very important', was local reputation.

    Quality of service and access to property portals were also rated very

    highly, with 57 per cent and 53 per cent of estate agents respectively

    stating them to be 'very important'. Focusing on just those estate

    agents in Scotland, the Solicitors' Property Centre was rated 'highly

    important' by 44 per cent of respondents. National reputation (nine per

    cent), willingness to negotiate on fees (nine per cent) and the number

    of sales listings in local papers (six per cent) were among the factors

    considered least important, all of which being rated 'highly important'

    by less than 10 per cent of responding estate agents.

    Chart 3.3: Importance of factors to attract sellers to agency

    0%

    10%

    20%30%

    40%

    50%

    60%

    70%

    80%

    90%

    100%

    Localreputation

    Qualityofservice

    Accesstopropertyportals

    Localknowledgeofthemarket

    Competencyofstaff

    AccesstotheSPC*

    Ownwebsite

    Propertyvaluations

    Highprofileinternetpresence

    Numberofforsaleboards

    Competitivefeelevels

    Officelocation

    Tradeassociationmembership

    Numberofpotentialbuyers

    registered

    Onestop'shop

    Nationalreputation

    Willingnesstonegotiateonfees

    Numberofsaleslistingsinlocal

    papers

    proportio

    nofestateagents

    Very Important Important Moderately important Of little importance Unimportant

    Base: 798 Estate agents, *results shown for Scottish estate agents only (59 estate agents)

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    3.15 Estate agents were asked to provide their opinion of the potential

    barriers they would face in the first year if they were to set up a new

    estate agency business. As shown in Chart 3.4, attracting sufficient

    sellers and establishing a reputation were the most significant barriers,

    with 57 per cent and 55 per cent of estate agents respectively

    considering these to represent a 'substantial hurdle'. Of the barriers

    asked about, estate agents viewed the cost of IT and office equipment

    and finding a suitable location to be among the less sizable barriers

    with 27 per cent and 18 per cent respectively regarding these as 'small

    hurdles'.

    Chart 3.4: Importance of barriers to setting up an estate agency

    0%

    10%

    20%

    30%

    40%

    50%

    60%

    70%

    80%

    90%

    100%

    Attracting

    sufficientsellers

    Establishing

    reputation

    Thecostofoffice

    space

    Staffwages

    Findingsuitably

    qualifiedstaff

    Findingasuitable

    location

    Promotionalcosts

    Attracting

    sufficientbuyers

    Thecostofoffice

    equipment

    Stafftraining

    costs

    proportionofestateagents

    5 Substantial hurdle 4 3 2 1 small hurdle

    Base: 798 Estate agents

    3.16 Other potential barriers mentioned by estate agents included difficulties

    obtaining finance and cash flow problems, often due to the length of

    time between setting up an agency and receiving first revenues.

    3.17 Most of the responding estate agents (60 per cent) expected that it

    would take two years from the point of establishing a new estate

    agent business to make a profit (Chart 3.5). Most respondents (68 per

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    cent) from Northern Ireland, however, estimated that it would take

    three years to generate a profit.5

    Chart 3.5: Estimated time taken to generate profit if new estate

    agency set up

    .0%

    10.0%

    20.0%

    30.0%

    40.0%

    50.0%

    60.0%

    70.0%

    80.0%

    UK (797) England (676) Wales (40) Scotland (59) Northern Ireland

    (22)

    proportionex

    pectingtomakeprofit

    First year Second year Third year Fourth year Fifth year Longer

    Base: as indicated in chart in brackets

    3.18

    Estate agents were asked to rate the importance of various factors

    used to advise sellers on the price at which their property should be

    put on the market. Comparisons with similar properties were identified

    as the most important factor (Chart 3.6) with nearly three quarters (73

    per cent) of responding estate agents viewing them as 'very

    important'. Knowledge of recent local sales (64 per cent) and

    experience of the local market (58 per cent) were also seen as 'very

    important' by most estate agents. Among the factors that estate

    agents indentified as being the least important for property valuation

    5 This finding is statistically significant compared to England and Wales at the 95 per cent

    confidence level, but not Scotland.

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    was the size of the property, with eight per cent regarding this

    'unimportant', online valuation tools (15 per cent), and the Energy

    Performance Certificate (65 per cent).

    Chart 3.6: Factors determining prices of properties marketed

    0%

    10%

    20%

    30%

    40%

    50%

    60%

    70%

    80%

    90%

    100%

    Comparisonswithsimilar

    properties

    Yourknowledgeofrecentlocal

    sales

    Experienceoflocalmarket

    Yourknowledgeofpotential

    buyers

    Yourknowledgeofthelocalarea

    Uniqueorindividualselling

    features

    Websearchesforsimilar

    properties

    Thevendor'sopinion

    Extrapolationfromoriginal

    purchaseprice

    Onlinevaluationtools

    Sizeofproperty(bymeters

    squared)

    TheEnergyPerformance

    Certificate

    pro

    portionofestateagents

    Very important important Moderately important Of little importance Unimportant

    Base: 798 Estate agents

    3.19 Another factor mentioned by estate agents that determined the price at

    which the property was marketed was the speed at which the seller

    wanted to secure a buyer for their property.

    3.20 When comparisons with similar recently sold properties were used for

    appraisals when pitching for business, seven per cent of responding

    estate agents said this was 'very often' or 'often' shared with

    prospective sellers.

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    Estate agency fees

    3.21 Table 3.7 below shows the frequency of use of different fee structures

    offered by estate agents. The far most common arrangement, used in

    three quarters of cases (75 per cent), was the payment of a

    percentage of the final property selling price if the property is sold. The

    next most common agreement, used in just over a fifth of cases (21

    per cent), is a flat fee, payable only if the property is sold, which does

    not vary with the final property selling price. Other types of fee, for

    example a percentage based on the original asking price, were used in

    one per cent of cases or less.

    Table 3.7: Fee structures and frequency

    Fee arrangement type Proportion

    A percentage of the final property selling price, payable only

    if the property is sold 75%

    A percentage of the original asking price for the property,

    payable only if the property is sold 1%

    A flat fee stated in s, that does not vary with the final

    property selling price, payable only if the property is sold 21%

    A flat fee stated in s, that is payable upfront whether or not

    the property is sold 0%

    A flat fee stated in s, that is payable upfront, with an

    additional fee (either flat or percentage based) payable only

    on completion 1%

    Base: 798 Estate agents. Note: the frequencies do not add to 100 per cent as estate agents

    were asked to provide estimates where data was unavailable.

    3.22 Some estate agents provided additional information regarding their fee

    structures, including:

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    a minimum fee where overall charges were based on a

    percentage of the property price

    a sliding scale for percentage based fees, with larger

    percentages charged where higher sale prices were achieved,

    and

    initial marketing charges that were non-refundable if the

    property were withdrawn from the market - all of the estate

    agents that stated this were based in Scotland.

    3.23 Under the most common fee agreement, where a percentage of the

    final selling price was payable upon sale, responding estate agents on

    average charged 1.6 per cent when acting as a sole agent6 in 2009.

    This was unchanged from 2008 and 2007, indicating that fees of this

    type have been relatively stable over the last two and a half years.

    6 This represents the average standard fee when the property is being sold exclusively by the

    responding agent, and is not representative of fees charged under a multiple agency agreement

    where more than one agency is marketing the property.

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    3.24 Chart 3.8 shows a breakdown of how this most common type of fee

    varied between the UK countries. The average charge in England in

    2009 was 1.6 per cent, above that in Wales (1.5 per cent), Scotland

    (1.1 per cent) and Northern Ireland (1.1 per cent).7

    Chart 3.8: Sole agency average percentage fees in UK countries

    0.0%

    0.2%

    0.4%

    0.6%

    0.8%

    1.0%

    1.2%

    1.4%

    1.6%

    1.8%

    England (676) Wales (40) Scotland (59) Northern Ireland (22)

    averagesole-age

    ncystandardfee

    2007 2008 2009

    Base: as indicated in chart in brackets

    3.25 Responding estate agents estimated that in the first half of 2009 over

    a quarter (28 per cent) of clients successfully negotiated a fee below

    that offered as standard.

    3.26 Estate agents were asked to identify reasons why it might cost more

    for them to sell a more expensive property (in this example a property

    of 500k compared to 150k). Chart 3.9 below shows the proportion

    of estate agents that agreed that the specified reasons listed increased

    the cost. The most common, with three quarters of estate agents (75

    7 This result is statistically significant at the 95 per cent level. The difference fees in Wales

    compared Scotland and Northern Ireland is also significant at the 95 per cent level.

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    per cent) agreeing that it increased cost, was that a more tailored

    service was required for more expensive properties. Seventy-three per

    cent also agreed that the type of marketing required for more

    expensive properties was more costly, and two-thirds (66 per cent)

    agreed that more marketing was required. Less than a third of estate

    agents agreed that there were likely to be more viewings for more

    expensive properties.

    Chart 3.9: Reasons why more expensive properties cost estate

    agents more to sell

    0%

    10%

    20%

    30%

    40%

    50%

    60%

    70%

    80%

    More

    tailored

    service

    required

    The type of

    marketing

    needed is

    more

    expensive

    More

    marketing

    is required

    More

    customer

    interaction

    is needed

    with sellers

    of highervalue

    properties

    Lower

    demand for

    higher value

    properties

    Likely to be

    more

    viewings

    for higher

    value

    properties

    None of the

    above

    proportionofestateagentsthat

    identifyfactor

    Base: 798 Estate agents

    3.27 Other reasons given by estate agents why more expensive properties

    cost more to sell included:

    the need to accompany a higher proportion of viewings

    viewings taking a greater length of time, and

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    more expensive properties typically being involved with longer

    chains.

    Estate agency services

    3.28 Chart 3.10 shows the proportion of responding estate agents thatoffered particular services to sellers when selling a property for them

    and whether they were included in the standard fee or available at

    additional cost. Seventy per cent of responding estate agents provided

    sellers with E-mail/SMS text contacts to enable communication of

    information during the sales process. Nearly half (49 per cent) of estate

    agents provided floor-plans of the property being marketed within their

    standard charge, while a further 14 per cent charged extra (the

    remaining 35 per cent did not provide this service). Over four-fifths (82

    per cent) of estate agents provided glossy brochures of the propertybeing sold. Of these 40 per cent were provided within the standard

    fee, with the remaining 60 per cent involving an additional charge.

    Chart 3.10: Services offered to sellers by estate agents

    0%

    10%

    20%

    30%

    40%

    50%

    60%

    70%

    80%

    90%

    100%

    E-mail/SMS

    contact details

    for sellers tocontact EA

    Floor plans Glossy brochure Prices shown

    per square

    metre

    360 degree

    tours online

    proportionofestateagentsoffe

    ringservice Built into standard charge Available at extra cost Not available

    Base: 798 Estate agents

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    3.29 Estate agents were asked if they allowed their sellers access to online

    records relating to their property sale. Nearly two-fifths (39 per cent) of

    responding estate agents offered online access to communication made

    after an offer had been made, 37 per cent offered feedback after

    viewings and 37 per cent offered details of all offers made.8 As can be

    seen from Chart 3.11 the vast majority of responding estate agents

    offered these online information sources without additional charge,

    with one per cent or less charging extra in each instance.

    Chart 3.11: Provisional of online transaction information

    0%

    20%

    40%

    60%

    80%

    100%

    Commu

    nications

    afteroffer

    Feedb

    ackfrom

    vie

    wings

    Allo

    ff

    ersmade

    Viewings

    arranged

    Pro

    motional

    activity

    Interestby

    potentialbuyers

    proportionofestateagentsprovidingonlinedetailsofservice

    Built into standard charge Available at extra cost Not available

    Base: 798 Estate agents

    3.30 Aside from selling properties, estate agents commonly offer other

    related services. As shown in Chart 3.12, almost four-fifths (78 per

    cent) of responding estate agents also offered letting services. Nearly

    two-thirds (65 per cent) also sold new development properties where

    8 Estate agents are required promptly to provide written details of all offers received except

    those which a client has told them in writing need not be passed on.

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    their client was a developer rather than a private individual selling their

    own home. 14 per cent of responding estate agents also said that they

    offered a buying agency service, where they acted entirely on behalf of

    a buyer purchasing a property from another party. Eight per cent of

    estate agents offered none of the specified additional services.

    Chart 3.12: Additional services offered by estate agents

    0%

    10%

    20%

    30%

    40%

    50%

    60%

    70%

    80%

    90%

    Letting

    New

    development

    properties

    Propertiesto

    buyand

    selloutside

    theUK

    Residential

    propertysale

    byauction

    Commercial

    property

    sales

    Buyers

    agency

    services

    Noneofthe

    above

    proportionofestateagentsofferingservice

    Base: 798 Estate agents

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    Contract types

    3.31 The majority of properties (67 per cent) were offered on a sole agency

    contract. Fifteen per cent of properties were offered on a sole selling

    rights contract. The remaining contract types shown in Chart 3.13

    together accounted for the remaining 15 per cent.

    Chart 3.13: Contract types used for property sales

    0%

    10%

    20%

    30%

    40%

    50%

    60%

    70%

    Sole agency Sole selling

    rights

    Multiple

    agencies

    Joint agency Joint sole

    agency

    proportionofclientsusingagreements

    Base: 798 Estate agents

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    3.32 The proportion of responding estate agents offering a 'ready, willing

    and able purchaser' clause9 was relatively similar across all contract

    types, from 31 per cent for sole agency to 25 per cent for multiple

    agency (Chart 3.14).

    Chart 3.14: Proportion of estate agents offering 'ready, willing and

    able purchasers' clause by contract type

    0%

    5%

    10%

    15%

    20%

    25%

    30%

    35%

    Sole agency Joint agency Joint sole

    agency

    Sole selling

    rights

    Multiple

    agenciesproportionofestateagentsoffer

    ing'readywillingandable'

    purchaserc

    lause

    Base: 798 Estate agents

    3.33 In cases where a joint sole agency agreement10 was used, 95 per cent

    of estate agents stated that they made the seller aware of the

    commission being paid to the third party estate agent.

    9 Where the seller has to pay the estate agent if they find a buyer who is prepared and able to

    buy the property and exchange unconditional contracts (even if the seller withdraws from the

    sale and unconditional contracts are not exchanged).

    10 A joint sole agency agreement exists where more than one estate agency agrees to share a

    single commission from the sale of a property.

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    3.34 Estate agents were asked to state the typical period of time that clients

    were contractually bound to their services. Twenty-two per cent of

    estate agents had no minimum contract period (Chart 3.15). 34 per

    cent of estate agents had contracts lasting less than 12 weeks, and 41

    per cent had contracts lasting between 12 and 20 weeks. Three per

    cent of estate agents had contracts that lasted more than 20 weeks.

    Chart 3.15: Length of typical contract binding sellers to estate

    agents' services

    0%

    5%

    10%

    15%

    20%

    25%

    30%

    no

    minimum

    < 4

    weeks

    >4 - 8 -

    12 -

    16 -

    20 -

    24

    weeks

    proportionofclientsboundtotypic

    alcontractperiods

    Base: 798 Estate agents

    Marketing properties

    3.35 Estate agents were asked how often they used a selection of

    marketing activities to sell properties. As can be seen from Chart 3.16,

    the internet plays an important part in this area, accounting for the top

    two most frequently cited actions: 93 per cent of estate agents 'veryoften' used their own branch internet site to market properties, and 92

    per cent 'very often' used property portals. In Scotland 58 per cent of

    estate agents 'very often' used Solicitors Property Centres. Some more

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    traditional approaches were still used 'very often' by a high proportion

    of estate agents, such as contacting their own pool of potential buyers

    (86 per cent) and erecting 'for sale' signs (82 per cent). The use of

    press advertising was focused on local publications with high

    proportions of estate agents 'rarely' or 'never' using national

    publications such as national property magazines (88 per cent),

    national newspapers (83 per cent) and national general magazines (92

    per cent).

    Chart 3.16: Activities used to market/sell properties

    0%

    10%

    20%

    30%

    40%

    50%

    60%70%

    80%

    90%

    100%

    Yourownbranchinternetsite

    Propertyportalsite(s)

    Contactin

    gownpoolofpossible

    buyers F

    orsalesigns

    Agroupinternetsite

    Localnewspapers

    SolicitorsPropertyCentre*

    Generalmailshots

    Localpropertymagazine

    Localgeneralmagazine

    Open/showdaysforspecific

    homes

    Auction

    Nationalpropertymagazine

    Nationalnewspapers

    Nationalgeneralmagazine

    proportionofestateagent

    susingactivity

    Very often Often Sometimes Rarely Never

    Base: 798 Estate agents. *results shown just for just those estate agents operating

    mainly in Scotland

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    3.36 Those estate agents that stated that they used internet property

    portals were asked to estimate the proportion of eventual sales that

    originated as a result of advertising through this channel. As can be

    seen from Chart 3.17, a relatively high proportion of estate agents (30

    per cent) estimated that 20 - 30 per cent of sales originated from

    portals. Thirty-seven per cent of estate agents that used portals

    thought that over 50 per cent of their sales originated from this source.

    Chart 3.17: Proportion of sales originating from property portals

    0%

    5%

    10%

    15%

    20%

    25%

    30%

    35%

    Les

    sthan1%

    1%t

    o5%

    6

    %t

    o10%

    11

    %t

    o20%

    21

    %t

    o30%

    31

    %t

    o40%

    41

    %t

    o50%

    51

    %t

    o60%

    61

    %t

    o70%

    71

    %t

    o80%

    81

    %t

    o90%

    91%t

    o

    100%

    proportionofsalesinititallyg

    eneratedbyportals

    Base: 760 Estate agents that sometimes advertise on property portals

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    3.37 Of the portals used, estate agents stated how important they

    considered each to be. As shown in Chart 3.18, Rightmove was

    considered the most important property portal, with 79 per cent of

    responding estate agents viewing it as 'very important' and a low

    proportion (13 per cent) stating that they did not use it. Two more

    portals, Primelocation (14 per cent) and Findaproperty (13 per cent),

    were rated as 'very important' by more than 10 per cent of estate

    agents. In Scotland, Solicitors Property Centre portals were considered

    'very important' by 48 per cent of estate agents, which is equivalent to

    the percentage of estate agents in Scotland that considered Rightmove

    to be 'very important'.

    Chart 3.18: Importance of individual internet property portals

    0%

    10%

    20%

    30%

    40%

    50%

    60%

    70%

    80%

    90%

    100%

    Rightmove

    AnSPC

    portal*

    Primelocation

    Findaproperty

    Propertyfinder

    Globrix

    PropertyLive

    Fish4homes

    proportionofestateagents

    Very important Quite important Somewhat important Not important Don't use

    Base: 760 Estate agents that sometimes advertise on property portals. *results for

    Solicitors Property Centres' Portals are shown just for those estate agents that mainly

    operate in Scotland (46).

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    Experience of sales process

    3.38 Chart 3.19 below shows the average time taken, for successful

    transactions, from an offer being accepted on a property to completion

    in 2007-09. In 2009 most properties (52 per cent) sold in 11-14

    weeks. In 2007, 31 per cent of properties sold within eight weeks,

    compared to 20 per cent in 2008 and 26 per cent in 2009.

    Chart 3.19: Average time taken to sell properties, 2007-09

    0%

    5%

    10%

    15%

    20%

    25%

    30%

    1 to 4 5 to 6 7 to 8 9 to 10 11 to

    12

    13 to

    14

    15 to

    16

    17 to

    18

    19 to

    20

    Over

    20

    weeks

    proportionofpropertiestakingspecifiedtimeto

    sell

    2007 2008 2009

    Base: 798 Estate agents. Chart based on un-weighted data.

    3.39 Estate agents were asked to identify the party most often responsible

    for delays when they occurred. Buyers' solicitors11 were most

    frequently recognised as being to blame for delays, with almost a third

    of estate agents (31 per cent) identifying them as the most common

    11 It should be noted that delays perceived to be due to a solicitor may be caused by the slow

    provision of required information from, for example, local authority searches, the seller or the

    buyer.

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    cause of delay (Chart 3.20). Thirty per cent of estate agents reported

    that 'someone else in the chain' was most often liable for delays

    (although, this category does not stipulate the cause of the delay in the

    chain, which may have been due to one of the parties in the other

    categories, for example, solicitors or lenders). Other common causes of

    delays were the buyers' lender, and the sellers' solicitor, highlighted by

    17 per cent and 12 per cent of estate agents respectively. One per

    cent of estate agents stated that sellers were mainly to blame for

    delays and no estate agents said that their own estate agency office

    was ever responsible.

    Chart 3.20: Parties most often responsible for delays

    0%

    5%

    10%

    15%

    20%

    25%

    30%

    35%

    Thebuyers'

    solicitor

    Someoneelse

    inthechain

    Thebuyer's

    lender

    Thesellers'

    solicitor

    Thebuyer

    TheHIP/HR

    provider

    Localsearch

    providers

    Theseller

    Yourbranch

    proportionofestateagentsstatingmaincauseof

    delays

    Base: 798 Estate agents

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    3.40 Forty-three per cent of estate agents stated that 21-30 per cent of

    property transactions failed subsequent to an offer being accepted by

    the seller in the first half of 2009 (Chart 3.21). In 2007, 46 per cent of

    estate agents reported that less than 20 per cent of transactions fell

    through. The equivalent Chart for 2008 was 36 per cent and 47 per

    cent for the first half of 2009.

    Chart 3.21: Property transaction failures subsequent to an offer

    being accepted by the seller

    0%

    5%

    10%

    15%

    20%

    25%

    30%

    35%

    40%

    45%

    50%

    Fewer

    than 10%

    11% to

    20%

    21% to

    30%

    31% to

    40%

    41% to

    50%

    51% to

    60%

    61 to

    70%

    71% or

    more

    proportion of sales falling through

    proportionofestateagents

    2007 2008 2009

    Base: 798 Estate agents

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    3.41 The main cause identified for property transactions falling through after

    an offer has been accepted by the seller was reported to be 'problems

    elsewhere in the chain', with 32 per cent of estate agents stating that

    this was 'very often' or 'often' the reason. The buyer not being able to

    secure a mortgage was the second most common reason, with 21 per

    cent of estate agents reporting this to occur 'often' or 'very often'

    (Chart 3.22). Four per cent of estate agents indentified that the buyer

    changing their mind was 'very often' the reason for sales falling

    through. Three per cent stated that the buyer changing their mind due

    to survey or search results was 'very often' the reason for transaction

    failures.

    Chart 3.22: Reasons for property transactions not being completed

    0%

    10%

    20%

    30%

    40%

    50%

    60%

    70%

    80%

    90%

    100%

    Problems

    elsewherein

    chain

    Insufficient

    buyerfinance

    Buyerchanged

    mind

    Buyerchangeof

    minddueto

    survey

    Lenderrefused

    buyerfinance

    duetosurvey

    Sellerchanged

    mind

    Sellerrefused

    buyer'sproposal

    ofloweroffer

    Buyerrefused

    seller'sdemand

    forhigheroffer

    Conveyancing

    uncoveredlegal

    problems

    proportionofestateagents

    Very often Often Sometimes Rarely Never

    Base: 798 Estate agents

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    Ancillary / third party services

    3.42 The majority of responding estate agents could provide a number of

    ancillary services, either in-house or via referral to providers with which

    they had an established relationship, as shown in Chart 3.23. Ninety-

    four per cent of estate agents could provide financial advice (41 per

    cent in house and 51 per cent via referral), 95 per cent could provide

    surveying services (35 per cent in house and 60 per cent via referral),

    96 per cent could offer HIP/HR provision (30 per cent in house and 66

    per cent via referral) and 98 per cent could provide legal services (18

    per cent in house and 80 per cent via referral).

    Chart 3.23: Provision of ancillary / third party services

    0%

    10%

    20%

    30%

    40%

    50%

    60%

    70%

    80%

    90%

    Financial

    advisor

    Surveyors HIP/HR

    provider

    Solicitors Insurance

    provider

    Search

    provider

    Lender

    pro

    portionofestateagents

    can provide in-housecan refer customers to provider with which EA has a relationship

    Base: 798 Estate agents

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    3.43 Those estate agents that offered ancillary services, either in-house or

    via referral, were asked how frequently their clients used these

    services (Chart 3.24). Almost two-thirds (65 per cent) of clients opted

    to use the in-house or referred to service for HIP/HR provision, with the

    equivalent proportion for solicitors being 44 per cent, search providers

    35 per cent and financial advisors 34 per cent.

    Chart 3.24: Proportion of clients using ancillary services provided in-

    house or via referral

    0%

    10%

    20%

    30%

    40%

    50%

    60%

    70%

    HIP/HR

    providers

    (750)

    So

    licitors/

    Con

    veyancers

    (769)

    Search

    providers

    (435)

    F

    inancial

    advisers/

    M

    ortgage

    brokers(724)

    Surveyors

    (733)

    Insurance

    providers

    (491)

    Lenders(228)

    proportionofcustomersusinginhou

    se/referredservice

    Base: as indicated in chart in brackets

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    3.44 Those estate agents that had established relationships with third party

    providers of ancillary services were asked if they received a referral fee

    or commission from each type of third party provider. Chart 3.25

    shows the proportion estate agents that received payments from

    providers of each type of service. Nearly half (49 per cent) of estate

    agents that referred clients to a third party solicitor received a referral

    fee or commission from the solicitor. The equivalent proportion for

    insurance providers was 42 per cent, 40 per cent for financial advisors,

    and 31 per cent for HIP/HR providers.

    Chart 3.25: Proportion of estate agents receiving referral fees or

    commission from third party service providers

    0%

    5%

    10%

    15%

    20%

    25%

    30%

    35%

    40%

    45%

    50%

    Solicitors

    (770)

    Insurance

    providers

    (492)

    Financial

    advisers /

    Mortgage

    brokers

    (725)

    HIP/HR

    providers

    (751)

    Surveyors

    (734)

    Lenders

    (405)

    Search

    providers

    (436)

    proportionofesta

    teagentsreceivingreferralfee/comm

    ission

    Base: Estate agents that referred clients to third party service providers,as indicated in chartin brackets

    3.45 Those estate agents that received commission/ referral fees from third

    party service providers were asked, within given ranges, to providedetails of the average amounts received for a typical transaction on a

    200,000 property. Table 3.26 shows a breakdown of the fees

    received from each type of service provider.

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    57 per cent of estate agents received less than 150 from

    solicitors, and 38 per cent in the range of 250-299

    nearly all (93 per cent) of estate agents received less than 100

    from surveyors

    most received less than 100 from HIP/HR providers (87 per

    cent) and search providers (91 per cent)

    64 per cent received less than 150 from financial advisors and

    27 per cent between 150 and 300. Eight per cent received

    over 300, with three per cent receiving more than 500

    nearly four-fifths (79 per cent) received less than 50 from

    insurance providers.

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    Table 3.26: Average commission/referral fee received from third

    party service providers

    Fee received

    Solicitors/

    Conv

    eyancers

    Surveyors

    HIP/H

    Rproviders

    Searc

    hproviders

    Finan

    cialadvisers/

    Mortgagebrokers

    Lenders

    Insuranceproviders

    0-49 9% 56% 47% 57% 15% - 79%

    50-99 20% 37% 41% 35% 26% - 8%

    100-149 28% 5% 11% 4% 23% - 4%

    150-199 2% 2% 1% 0% 13% - 3%

    200-249 2% 0% 0% 0% 10% - 2%

    250-299 38% 0% 0% 4% 5% - 1%

    300 -349 0% 0% 0% 0% 2% - 0%

    350-399 0% 0% 0% 0% 2% - 1%

    400-449 0% 0% 0% 0% 0% - 0%

    450-499 0% 0% 0% 0% 1% - 0%

    More than 500 0% 0% 0% 0% 3% - 2%

    Base 288 84 283 23 351 - 104

    Base: Estate agents that received fees from third parties. Figures for lenders not shown due to

    low base.

    3.46 Estate agents that received commission/ referral fees were asked

    whether they typically made their clients aware of this, and if so

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    whether they informed them of the value. Over two-thirds (71 per

    cent) of estate agents that received commission from insurance

    providers did not typically share this information with their client, while

    18 per cent made their client aware of the fee, but not the amount,

    and 11 per cent informed their client about the fee and its quantity, as

    shown in Chart 3.27.

    3.47 Nearly half of estate agents that received fees from search providers

    informed their clients of its existence, while a further four per cent also

    informed them of the amount. Half (52 per cent) made their clients

    aware of fees received from HIP/HR providers, while a further 12 per

    cent also informed them about the amount. Over half (53 per cent)

    informed their clients of the size of fees received from solicitors. A

    further 28 per cent of estate agents informed their client about the

    existence of the fee, but not the amount. Over half (57 per cent) madetheir clients aware of fees received from surveyors, while a further 10

    per cent also informed them about the amount. Nearly all (92 per cent)

    informed their clients of both the existence of fees received from

    lenders and the amount.

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    Chart 3.27: Proportion of estate agents revealing referral fees or

    commission from third party service providers

    0%

    10%

    20%

    30%

    40%

    50%

    60%

    70%

    80%

    90%

    100%

    Insurance

    providers

    (104)

    Search

    providers(23)

    HIP/HR

    providers

    (283)

    Surveyors

    (84)

    Financial

    advisers/

    Mortgage

    brokers(361)

    Solicitors/

    Conveyancers

    (288)

    Lenders(37)

    proportionofestateagentsrevealingreferra

    lfees/

    commission

    Typically, we tell them we receive referral fees, and the amount

    Typically, we tell them we receive referral fees, but not the amount

    Typically, we do not tell them we receive referral fees

    Base: Estate agents that received fees from third parties, as indicated in chart in brackets

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    3.48 Four-fifths (81 per cent) of estate agents stated that the in-house

    provision of ancillary services accounted for 0-10 per cent of their

    profit in 2008. Fourteen per cent said that they accounted for 10-50

    per cent of their profit, and five per cent that they accounted for over

    50 per cent of their profit (Table 3.28). Nearly all (93 per cent) of

    estate agents claimed that less than 10 per cent of their profit was

    attributable to the referral of ancillary services to third parties. Six per

    cent said that they made 10 - 30 per cent of their profit from referrals,

    and one per cent said they made more than 30 per cent.

    Table 3.28: Proportion of estate agent profit accounted for by in-

    house ancillary services and third party referral fees

    Proportion of estate

    agents

    Proportion of profits attributable to ancillary services In-house 3rd parties

    0-10% 81% 93%

    11-20% 6% 5%

    21-30% 4% 1%

    31-40% 3% 1%

    41-50% 2% 0%

    More than 51% 5% 0%

    Base: 798 Estate agents

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    Complaints, enforcement and licensing

    3.49 All of the responding estate agents stated that they were a member of

    a trade association or professional body. Chart 3.29 below shows the

    proportion of estate agents that belonged to each of the specified

    organisations. Eighty three per cent of responding estate agents stated

    that they were members of the Property Ombudsman (formerly the

    Ombudsman for estate agents), and 63 per cent that they were

    members of the National Association of Estate Agents.

    Chart 3.29: Proportion of estate agents belonging to trade

    associations or professional bodies

    0%

    10%

    20%

    30%

    40%

    50%

    60%

    70%

    80%

    90%

    100%

    The Property

    Ombudsman

    National

    Association of

    Estate Agents

    Royal Institution

    of Chartered

    Surveyors

    Guild of

    Professional

    Estate Agents

    Solicitor's Code

    of Conduct

    proportion

    ofestateagentsbeingmembersofs

    cheme

    Base: 798 Estate agents, Note: Sums to more than 100 per cent as estate agents may be

    members of more than one body.

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    3.50 The majority of responding estate agents (68 per cent) stated that they

    received no complaints from sellers in the first half of 2009. Two per

    cent received three or more complaints from sellers over the same

    period. Nearly all (89 per cent) responding estate agents stated that

    they received no complaints from buyers in the first six months of

    2009, and two per cent that they had received three or more. Chart

    3.30 shows the proportion of estate agents that received various

    numbers of complaints from buyers and sellers.

    Chart 3.30: Proportion of estate agents receiving complaints from

    buyers and sellers

    0%

    10%

    20%

    30%

    40%

    50%

    60%

    70%

    80%

    90%

    100%

    2007 2008 2009proportion

    ofestateagentsreceivingnumberofcomplaints

    > 3

    complaints

    3 complaints

    2 complaints

    1 complaint

    no

    complaints

    Base: 798 Estate agents

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    3.51 Chart 3.31 shows what typically happened to complaints that were

    received. A third of complaints from sellers (36 per cent) and buyers

    (33 per cent) were resolved by the receiving branch. A following third

    of complaints from sellers (32 per cent) and buyers (33 per cent) were

    resolved by the estate agents' head offices. A fifth of complaints from

    sellers (20 per cent) and buyers (22 per cent) were dropped by the

    complainant. Six per cent of sellers' complaints and seven per cent of

    buyers' complaints were sent to the Ombudsman/professional scheme

    for resolution. One per cent of sellers' complaints were resolved at the

    small claims court.

    Chart 3.31: Outcome of complaints made to estate agents

    0%

    5%

    10%

    15%

    20%

    25%

    30%

    35%

    40%

    Resolvedbyyo

    urbranch

    Resolvedbyyourhead

    office

    Dropp

    edbythe

    com

    plainant

    Sentto

    Ombudsman/professional

    schemeforresolution

    Resolvedatsm

    allc

    laims

    court

    proportionofcomplaints

    Seller Buyer

    Base: 398 estate agents that received complaints

    3.52 Estate agents were asked to identify the qualifications or skills relevant

    to providing estate agency services that their staff possessed. Table

    3.32 shows the proportion of estate agents that stated that their staffhad the specified types of qualifications and skills.

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    3.53 Good communication/ people skills were most commonly stated, with

    88 per cent of estate agents reporting that their principals and 90 per

    cent that their other staff possessed these.

    3.54 Forty-three per cent of estate agents said that they required their

    principals to pass an exam following internally-provided training, and37 per cent of estate agents stated that this was required of other

    staff. Twenty-six per cent said that their principals had basic training

    by professional bodies (21 per cent for other staff), and seven per cent

    said that their principals had a Certificate of Practising Estate Agents

    (three per cent for other staff).

    3.55 On average responding estate agents reported that their principals

    undertook 26 hours of training per year and that other staff undertook

    28 hours.

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    Table 3.32: Proportion of estate agents with staff possessing

    relevant skills and qualifications

    Principals Other staff

    Good communication/people skills 88% 90%

    Basic knowledge of estate agency 87% 89%

    Negotiating skills 86% 83%

    IT/computer skills 78% 87%

    Typing skills 53% 78%

    Marketing71% 53%

    Management skills 84% 39%

    Internally-provided training without exam pass required 55% 66%

    Internally-provided training with exam pass required 43% 37%

    Level 3 Technical Award in Sale of Residential Property 28% 28%

    Basic training by professional bodies 26% 21%

    Advanced training by professional bodies 23% 8%

    Foreign languages 6% 7%

    Certificate of Practising Estate Agents 7% 3%

    NVQ level 2 3% 7%

    NVQ level 3 4% 6%

    Level 5 Diploma in Residential Estate Agency 3% 2%

    Base: 798 estate agents

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    3.56 Estate agents were presented with a number of statements and asked

    to state their level of agreement/ disagreement with them. The results

    are presented below:

    93 per cent of estate agents agreed that buyers should be

    obliged to validate that they have means to purchase propertiesbefore putting forward offers

    93 per cent of estate agents agreed that their branch always

    makes sure that buyers realise they are acting for the seller

    91 per cent of estate agents agreed that they always check to

    make sure the prospective buyer will have sufficient funds to

    buy at the agreed price

    89 per cent of estate agents agreed that the regulations need

    updating to address new estate agency models (for example,

    internet-based estate agents)

    83 per cent of estate agents agreed that there is a need for

    positive licensing of estate agents

    82 per cent of estate agents agreed that possible visits from

    Trading Standards Officers ensure that they comply with the

    law

    76 per cent of estate agents agreed that the sanctions for

    estate agents who break the law are strong enough

    71 per cent of estate agents agreed that self regulation (for

    example, The Property Ombudsman (TPO) Code) provides

    sufficient protection for consumers

    64 per cent of estate agents agreed that there is a need to

    provide more guidance on the law to estate agents

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    52 per cent of estate agents agreed that there is a need to

    provide more guidance to consumers about their rights when

    buying and selling homes

    52 per cent of estate agents agreed that estate agents should

    provide more information to their customers on the home buyingand selling process

    50 per cent of estate agents agreed that all estate agents are

    aware of their legal obligations

    48 per cent of estate agents agreed that there should be

    financial penalties on the seller or purchaser for unnecessary

    delay after a sale is agreed

    45 per cent of estate agents agreed that buyers often think the

    estate agent is acting on their behalf

    44 per cent of estate agents agreed that given the introduction

    of the Consumer Protection from Unfair Trading Regulations

    2008, the Property Misdescriptions Act 1991 is no longer

    needed

    41 per cent of estate agents agreed that online estate agents

    (estate agents that do not have a physical branch location)

    compete with their branch

    36 per cent of estate agents agreed that estate agents should

    be obliged to disclose the level of commission/benefits received

    from services offered to buyers (not just the existence)

    34 per cent of estate agents agreed that individuals offering

    their own home for sale (For Sale by Owner or FSBO) compete

    with their branch, and

    24 per cent of estate agents agreed that all estate agents

    comply with their legal obligations.

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    3.57 At the end of the questionnaire estate agents were asked if they

    wished to add any additional comments. The common themes that

    emerged from the responses given are outlined below:

    HIPs were the most common subject, being mentioned by 10

    per cent of all responding estate agents. The general attitudetowards HIPs was negative, with criticism focusing on the cost

    and time taken to prepare HIPs, and the perceived lack of

    benefit

    three per cent of estate agents stated their support for the

    introduction of positive licensing

    two per cent of estate agents expressed the need for an

    arrangement to financially commit buyers once they had made a

    successful offer, with some suggesting a bond/deposit that is

    non-refundable following subsequent withdraw of the offer

    one per cent of estate agents considered that enforcement of

    existing legislation needs to be stronger

    one per cent of estate agents noted that they were at a

    competitive disadvantage to rogue estate agents that ignored

    the requirement for a HIP and could therefore market properties

    more quickly

    one per cent of estate agents expressed the need for a minimum

    qualification to be necessary in order to operate as an estate

    agent, and

    one per cent of estate agents put forward the view that the

    present stamp duty system causes problems, particularly for

    properties valued close to the thresholds.

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    ANNEXE 1: COVERING LETTER

    Dear Sir or Madam

    OFT Home Buying and Selling Market Study - Online Survey

    As you may be aware, we are taking a comprehensive look at the UK

    market for home buying and selling. You can find more information about

    our Study at: www.oft.gov.uk/homes.

    As part of this Study, we are inviting all UK based estate agents to

    complete an online survey. Your input to this survey will inform the

    outcomes of the Study and could have important implications for your

    industry.

    The survey is designed to be completed at branch level. We only need oneresponse per branch and estimate that it will take about 30-60 minutes to

    complete. We will not identify individuals or individual businesses should

    we use responses in any publication. If you do not have exact figures

    please provide a best estimate. The online survey form can be found at:

    www.oft.gov.uk/easurvey

    Full instructions for completing the survey are provided at the start, as well

    as contact details if you have any queries while completing the form. You

    will be able to stop and start between questions as you wish, using the

    logon details which are as follows:

    Username:

    Password:

    The deadline for completing the survey is 5pm Monday 7 September

    (although early responses would be appreciated). Thank you very much in

    advance for taking part.

    Yours faithfully

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    ANNEXE 2: SURVEY QUESTIONNAIRE

    Welcome to the OFT Home Buying and Selling Study Estate Agency

    Questionnaire The scope for the market study, along with other related

    information, can be found on the home buying and selling web page on the OFTwebsite. We only require one response from each estate agency branch. We will

    not identify individuals, branches or businesses should we use responses in any

    publication. Our disclosure policy can be accessed below. The questionnaire

    asks for some numerical information relating to: numbers of branches and

    employees, property appraisals, property listings, property sales, branch profits,

    fees, contract types, completion times, reasons for transaction failures, referral

    fees and complaints. It may be useful to have this information to hand before

    completing the survey. However, if you do not have exact figures please provide

    a best estimate. There are a maximum of 56 questions but, depending on yourresponses, you may be asked fewer. We have piloted this questionnaire with

    estate agents, and it should take around 30-60 minutes to complete. If you wish

    to complete the survey in more than one session please press the 'stop' button.

    Your progress will be saved as far as the last fully completed question, and you

    will be returned to your current position in the survey when you log back in.

    Please complete the questionnaire by 5pm on 7 September2009.

    Thank you for taking part!

    Assistance If you have any queries, please contact Darren Eade on 0207 2118534 or by e-mail at: [email protected] If you are experiencing

    technical difficulties with completing the survey online please contact Gregory

    Haigh on 0207 211 5886, or by e-mail at: [email protected] If Greg or

    Darren are unavailable, please contact the team at:

    [email protected]

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    Disclosure policy: please note that we may choose to refer to comments

    received in response to this questionnaire in our report on this study. In deciding

    whether to do so, we will have regard to the need for excluding from disclosure,

    so far as practicable, information relating to the private affairs of an individual

    whose disclosure the OFT thinks might significantly harm the individual's

    interests or commercial information relating to a business which the OFT thinks,

    if published, might significantly harm the legitimate business interests of that

    undertaking (confidential information). If you consider that your response

    contains such information, that information should be marked confidential

    information and an explanation given as to why you consider it is confidential.

    The Office of Fair Trading (OFT) must reserve the right to disclose any

    information provided by you (including confidential information) in accordance

    with sections 170 and 240 243 of the Enterprise Act 2002 where it considers

    such disclosure to be appropriate. Subject to the considerations set out above,

    the OFT may choose to put information provided by you to third parties, such asother Government Departments, other contributors to this study and/or

    consultants engaged by them, for the purpose of facilitating the carrying out of

    this study. The OFT is also bound by the Freedom of Information Act 2000 (the

    FoIA). Where a person makes a request in accordance with the FoIA the OFT

    may have to disclose whether it holds the information sought and the

    information itself (including confidential information). The FoIA contains

    exemptions (including one which may exempt confidential information) and the

    OFT will not have to make those disclosures if an exemption applies. If you

    consider that any information you provide may be exempt from such disclosuresyou should say so and explain why. Similarly, to the extent that information you

    provide constitutes personal data under the Data Protection Act 1998, the OFT

    will process such data in accordance with that act.

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    Guidance for completing the questionnaire

    You may like to print out this page and have it nearby as you complete the

    questionnaire.

    Stakeholders have told us that experience can vary substantially at a locallevel and we have therefore deliberately targeted this questionnaire at

    estate agency branches, rather than Head Offices, so that we can gather

    views and information on the market at a local level. Branch-level

    responses will be more valuable to the study's findings and we strongly

    encourage these.

    Where we use the term estate agent (or EA) we mean all types of estate

    agency work - whether the business is traditional high street agent, the

    estate agency element of a mixed sale and letting, agents trading solely

    over the internet, or the sale of homes through auction. For Scotland the

    term estate agent also covers Solicitor Estate Agents.

    The survey covers sales and purchases of homes in the UK and does not

    include commercial properties or rentals/letting.

    Please use the 'Prev' and 'Next' buttons on the survey (not your browser's

    'Back' and 'Forward' buttons) to navigate, otherwise your answers may

    not be stored.

    If you wish to complete the survey in more than one session please press

    the 'stop' button. Your progress will be saved as far as the last fully

    completed question, and you will be returned to your current position in the

    survey when you log back in.

    If your internet connection fails during completion of the survey, the

    system may require you to wait ten minutes before you can login again.

    Your progress will be saved as far as the last fully completed question, and

    you will be returned to your current position in the survey when you log

    back in.

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    About you

    Please complete the following contact details

    1. Your business' name:

    2. Your job title:

    3. How long have you been involved in estate agency (to the nearest year)?

    4. Your email address:

    5. Your telephone number:

    6. Focusing now on the branch for which you are responding, is the branch a

    franchise?

    yes

    no

    7. What is the name of the estate agency business operating from the branch?

    8. Town/city:

    9. Postcode:

    10. Does your branch mainly handle sales in:

    England

    Wales

    Northern Ireland

    Scotland

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    11. How long has your branch been established in its current locality?

    Less than one year

    1 to 2 year

    3 to 5 years

    6 to 10 years

    11 to 15 years

    16 to 20 years

    21 to 30 years

    31 to 40 years

    41 to 50 years

    51 years or more

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    12. How many full time equivalent employees did your branch employ on the

    following three dates? (If necessary please provide estimates.)

    Please enter the number:

    1 April 2007

    1 April 2008

    1 April 2009

    13. How many residential property appraisals (excluding lettings) did your

    branch undertake in... (If necessary please provide estimates.)

    Please enter the number:

    2007 (1 Jan to 31

    December)

    2008 (1 Jan to 31

    December)

    2009 to date (1

    Jan to 1 June)

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    14. How many residential properties did your branch market/list in (If necessary

    please provide estimates.)

    Please enter the number:

    2007 (1 Jan to 31December)

    2008 (1 Jan to 31

    December)

    2009 to date (1

    Jan to 1 June)

    15. How many residential properties did your branch sell in... (If necessary please

    provide estimates.)

    Please enter the number:

    2007 (1 Jan to 31

    December)

    2008 (1 Jan to 31

    December)

    2009 to date (1

    Jan to 1 June)

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    16. Did your branch make a profit or a loss (in relation to estate agency and

    related legal work) in the following years:

    Profit Loss

    2007 (1 Jan to 31 December)

    2008 (1 Jan to 31 December)

    2009 to date (1 Jan to 1 June)

    Competition with other Estate Agents

    17. Over what area does your branch typically offer properties for sale?

    Most properties are within 1 mile of the branch

    Most properties within 2 miles

    Most properties within 5 miles

    Most properties within 10 miles

    Most properties more than 10 miles distant

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    18. Which of the following factors do you think are most important in attracting

    home sellers to use your estate agency services rather than those of your

    competitors?

    Unimportant

    Of little

    importance

    Moderately

    important Important

    Very

    important

    Competitive fee

    levels

    Willingness to

    negotiate on fees

    Property

    valuations/marketappraisals

    High profile internet

    presence

    Local knowledge of

    the market

    Quality of service

    'One stop' shop

    (that is provision of

    services like HIPS,

    conveyancing etc)

    Number of 'for sale'

    boards

    Office location

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    Number of sales

    listings in local

    papers

    Number of potential

    buyers registered

    Local reputation

    (including word of

    mouth)

    National reputation

    Own website

    Access to major

    property portals

    Access to the

    Solicitors' Property

    Centre (in Scotland)

    Competency of staff

    Membership of trade

    association /

    professional body

    for example NAEA,

    RICS, OEA, Law

    Society of Scotland

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    Entering the market

    19. If you were to set up a new estate agency business starting with one

    branch, which of the following would be the most substantial hurdles to

    overcome in the first year?

    1 small

    hurdle2 3 4

    5

    substantial

    hurdle

    Finding a suitable

    available location

    The cost of

    buying/leasing theoffice space

    The cost of IT and

    other office

    equipment

    Finding suitably

    qualified staff

    Staff wages

    Staff training costs

    Promotional costs

    Establishing

    reputation and

    winning business

    from existing local

    estate agents

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    Attracting sufficient

    sellers

    Attracting sufficient

    buyers

    20. Using your experience as a guide, how long after opening an estate agency

    business would you expect it to be able to make a trading profit?

    First year

    Second year

    Third year

    Fourth year

    Fifth year

    Longer

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    21. How important are the following factors when advising potential sellers

    what price a property should be put on the market?

    UnimportantOf little

    importance

    Moderately

    importantImportant

    Very

    important

    Your knowledge of

    recent local sales

    Your knowledge of

    potential buyers

    registered with you

    Your knowledge of

    the local area (that islocation of schools,

    leisure facilities, etc)

    Comparisons of

    property with

    recently sold similar

    properties

    The EnergyPerformance

    Certificate rating/or

    fuel bills for the

    property

    Experience of local

    market for such

    properties

    Size of property (by

    meters squared)

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    The vendor 's opinion

    on the property 's

    value

    Web searches for

    similar properties in

    the location

    Extrapolation from

    original purchase

    price, where known

    Online valuation tools

    Unique or individual

    selling features of the

    property

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    22. Please specify which online valuation tools you use and why:

    23. Where you use comparisons with similar recently sold properties, how often

    do you show these to prospective sellers when pitching for their business?* *As

    a guide, please consider: 'Rarely' to mean in less than 25 per cent of cases, 'Sometimes' to be

    in 26-50 per cent of cases, 'Often' to be in 51-75 per cent of cases and 'Very often' to be in76-100 per cent of cases.

    Never

    Rarely

    Sometimes

    Often

    Very often

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    24. Broadly, for what proportion of your vendors did you agree the following

    types of fee in 2008 (if not applicable enter '0 ') Note: please do not enter '%' signs

    Proportion of clients (%) (0 - 100)

    A percentage of the final property

    selling price, payable only if the

    property is sold

    A percentage of the original asking

    price for the property, but payable only

    if the property is sold

    A flat fee stated in s, that does not

    vary with the final property sellingprice, but is payable only if the property

    is sold

    A flat fee stated in s, that is payable

    upfront whether or not the property is

    sold

    A flat fee stated in s, that is payable

    upfront, with an additional fee payableonly on completion

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    25. If you offered a sole-agency contract, what was your standard fee before

    negotiation (that is the fee you first quoted potential clients as a percentage of

    the final selling price of the property, for example 1.8 per cent), in the following

    periods: N.B please do not enter '%' signs

    Please enter the number (for example 1.8%)

    2007 (1 Jan to 31

    December) %.

    2008 (1 Jan to 31

    December) %.

    2009 to date (1

    Jan to 1 June) %.

    26. Please estimate the proportion of clients that entered into a sole agency

    arrangement with you that were able to successfully negotiate a fee that was

    lower than your standard fee in... Note: please do not enter '%' signs

    Please enter the number (for example 1.8%) (0 - 255)

    2007 (1 Jan to 31

    December) %

    2008 (1 Jan to 31

    December) %

    2009 to date (1

    Jan to 1 June) %

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    27. Which, if any, of the following explain why it may cost more to sell a higher

    valued property (for instance one valued at 500,000 in comparison to one

    valued at 150,000)? Please select all that apply.

    More marketing is required

    The type of marketing needed is more expensive

    Lower demand for higher value properties

    Likely to be more viewings for higher value properties

    More customer interaction is needed with sellers of higher value properties

    More tailored service required

    None of the above

    Your services

    28. In addition to estate Agency services, which of the following services do

    you offer? Please select all that apply.

    Residential property sale by auction

    Letting/private rental/property management services (as an alternative to selling

    or buying)

    Buyers agency services (that is to help buyers locate, negotiate on and buy

    residential property)

    Commercial property sales

    New development properties

    Properties to buy and sell in countries outside the UK

    None of the above

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    29. Do you offer any of the following services to vendors who choose to sell

    through you?

    Built into

    standard

    charge

    Available at

    extra cost

    Not available

    Floor plans

    Glossy brochure

    Prices shown per square metre

    360 degree tours online

    E-mail/SMS text contact details

    for sellers to contact you

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    30. Do you allow your vendors to access records online for their property of:

    Built into

    standard

    charge

    Available at

    extra costNot available

    Promotional activity /

    advertising

    Interest shown by potential

    buyers

    Viewings arranged

    Feedback from viewings

    All offers made

    Communications after they

    have accepted an offer

    31. Do you offer seller or buyers any other innovative services? If so, pleasedescribe below and explain whether they are standard or at extra cost...

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    Contract Types

    32. Broadly what percentage of clients sign up to the following types of agency

    agreement? Note: please do not enter '%' signs

    Proportion of contracts (0 - 100)

    Sole selling rights

    %

    Sole agency %

    Joint agency %

    Joint sole agency%

    Multiple agencies

    %

    33. ...and do they usually include a 'ready, willing and able purchaser' clause?

    yes no not applicable

    Sole selling rights

    Sole agency

    Joint agency

    Joint sole agency

    Multiple agencies

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    34. Where you have a joint sole agency agreement contract, do you make

    sellers aware of how commission will be shared with the other estate agent(s)?

    Yes

    No

    N/A

    35. What is the typical period of time clients are contractually bound to use your

    services? (including notice period)

    No minimum period

    Up to four weeks

    More than 4 weeks but less than 8 weeks

    More than 8 weeks but less than 12 weeks

    More than 12 weeks but less than 16 weeks

    More than 16 weeks but less than 20 weeks

    More than 20 weeks but less than 24 weeks

    More than 24 weeks

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    Marketing properties 36. How often do you use the following to market/sell

    properties? *As a guide, please consider: 'Rarely' to mean in less than 25 per cent of cases,

    'Sometimes' to be in 26-50 per cent of cases, 'Often' to be in 51-75 per cent of cases and

    'Very often' to be in 76-100 per cent of cases.

    Very often Often Sometimes Rarely Never

    For sale signs

    General mailshots

    Contacting own pool

    of possible buyers

    Open/show days forspecific homes

    Local newspapers

    Local general

    magazine

    Local property

    magazine

    National newspapers

    National general

    magazine

    National property

    magazine

    Your own branch

    internet site

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    A group internet site

    Property portal site(s)

    Solicitors Property

    Centre

    Auction

    37. You indicated that you make use of property portals to promote your

    properties, what proportion of eventual sales do you think were initially

    generated as a result of advertising through this channel?

    Less than 1 per cent

    1 per cent to 5 per cent

    6 per cent to 10 per cent

    11 per cent to 20 per cent

    21 per cent to 30 per cent

    31 per cent to 40 per cent

    41 per cent to 50 per cent

    51 per cent to 60 per cent

    61 per cent to 70 per cent

    71 per cent to 80 per cent

    81 per cent to 90 per cent

    91 per cent to 100 per cent

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    38. Please indicate the portals that you advertise on and rate their importance:

    Don 't useNot

    important

    Somewhat

    important

    Quite

    important

    Very

    important

    Rightmove

    Propertyfinder

    Findaproperty

    Primelocation

    Fish4homes

    Globrix

    PropertyLive

    A Scottish Solicitors'

    Property Centre portal

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    Experience of sales process

    39. For successful transactions, how long on average did it typically take from

    offer being accepted to completion in the following periods... (If necessary please

    provide estimates.)

    1 to 4

    weeks

    5 to 6

    weeks

    7 to 8

    weeks

    9 to

    10

    weeks

    11 to

    12

    weeks

    13 to

    14

    weeks

    15 to

    16

    weeks

    17 to

    18

    weeks

    19 to

    20

    weeks

    Over

    20

    weeks

    2007 (1

    Jan to 31

    Dec)

    2008 (1Jan to 31

    Dec)

    2009 to

    date (1 Jan

    to 1 June)

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