Article written by Amy Howard, Senior Property Consultant at Neilsons.
Last night’s BBC Panorama investigation, The Undercover Estate Agent, made for uncomfortable but unsurprising viewing for many of us in the profession. As someone with more than two decades of experience in property sales, both in London and here in Edinburgh, I recognise some of the tactics employed by some unscrupulous agencies all too well. But I also feel strongly that the programme painted a one-dimensional picture of estate agency, offering little in the way of balance and, more worryingly, providing no real advice to consumers on how to identify and choose a good estate agent.
Yes, some of what was exposed by the agencies involved was indefensible. But for most of us who work hard every day to serve our clients with honesty and integrity, the show missed an opportunity to educate, choosing instead to sensationalise.
A Tale of Two Systems: London vs Scotland
When I worked in London for one of the capital’s biggest agents, my income was almost entirely commission-based. On paper, the seller was the client. In practice, the buyer often received more attention, because that’s where the income was coming from, particularly if they also needed a mortgage and could be referred to our in-house broker.
Add to that the internal competition: four negotiators in one office, all selling the same properties, and only the person who introduced the buyer got paid. It didn’t matter how many viewings you conducted or how much time you spent advising the seller. It created an environment where service was often sales-driven, not client-focused.
Here in Scotland, I can genuinely say I prefer how agency is done. Buyers are professionally represented by their own solicitors, and we, as Solicitor Estate Agents, act solely in the best interests of the seller. There’s less ambiguity about who the client is, which is exactly how it should be.
What the Programme Got Wrong
Panorama rightly highlighted problematic behaviour: pressure selling, misleading advertising, and a lack of regulation allowing someone with no qualifications to be hired on the spot. But what it failed to show was that not all estate agents operate this way. There was no mention of the differences in legal systems across the UK, nor any guidance for consumers trying to navigate a complex and emotionally charged process like selling or buying a home.
Most disappointingly, there was no advice on how to choose a good estate agent.
Choosing the Right Estate Agent – What to Look For
1. Check if they are regulated. In Scotland, Law firms and therefore Solicitor Estate Agents are bound by the rules of the Law Society of Scotland. This provides a strong framework for ethical practice, accountability, and client protection, something sorely missing in other parts of the UK.
2. Ask who they really work for. A good estate agent should be clear: they act for the seller. If they’re also trying to sell you a mortgage, a legal service, or another product, be cautious. Transparency about fees, commission, kickbacks, targets and responsibilities is key.
3. Watch out for “conditional selling”. This is when an agent tells you your offer won’t be considered unless you agree to use their services, such as selling your own home through them or using their in-house mortgage adviser. It’s highly unethical and in some cases illegal. In Edinburgh, one particularly notorious non-solicitor estate agent is currently under investigation by Trading Standards for repeatedly telling buyers their offer would only be submitted if they agreed to list their home with him. If this happens to you, report it.
4. Look for local expertise and legal understanding. In Scotland, the property sale process is closely tied to legal work. You cannot buy or sell a property without the services of a solicitor. A solicitor estate agent who understands both sides of the transaction can guide you through with greater speed, accuracy and consumer protection.
5. Ask for evidence of past performance. Look beyond the flashy marketing and low fees. Ask how many properties they’ve sold recently, what their average time to sell is, and how close to Home Report value their properties typically achieve.
Why Regulation Matters
The ease with which the undercover journalist secured a role without qualifications, experience, or proper vetting highlights a serious issue in the wider estate agency industry. In much of the UK, there are no mandatory minimum standards to enter the profession. That urgently needs to change.
In Scotland, Solicitor Estate Agents are leading the way. At Neilsons, our property staff were among the first in the country to complete the Law Society Accredited Certificate in Property Practice. We are held to higher standards by default. As members of the Law Society of Scotland, we must follow strict professional and ethical rules. This offers stronger consumer protection and helps eliminate some of the worst industry practices, including gazumping and gazundering.
Regulation is not only about protecting clients. It is also about improving the profession itself. Estate agency can be a meaningful and long-term career for those who enter it for the right reasons. With the right training and support, it is a rewarding field where individuals can develop their skills and progress. That journey should begin with strong training standards and a focus on professional development.
Too often, the profession is glamorised on social media and reality TV, portraying an image of luxury homes, large commissions, and an easy lifestyle. The reality is very different. Estate agency is a demanding and complex role that requires professionalism, integrity, and a genuine understanding of people and property.
While no system is perfect, Scotland’s legal process is generally faster, clearer, and more consumer-focused than in other parts of the UK. The use of upfront information through the Home Report and early legal involvement helps streamline transactions and reduce uncertainty for buyers and sellers alike.
A Word from Neilsons
At Neilsons Solicitors and Estate Agents, we are committed to honesty, professionalism, and doing what is right for our clients and our team. We pay our staff fair, competitive salaries rather than commission, valuing their expertise and avoiding the pressure of a sales-driven culture. This ensures our advice is always focused on what is best for our clients.
When selling, we act solely in the seller’s best interests, providing transparent pricing, clear guidance, and friendly support throughout the process. When acting for a purchaser, our advice is impartial and informed by strong market knowledge, and our cutting-edge market intelligence software.
We take pride in being part of the solicitor estate agency model and in the long-standing relationships we have built with our clients. We understand that buying or selling a home is not just a transaction but a significant life event. You deserve expert support from someone who understands the law, the market, and your best interests.
If you have any questions about the property market or would like to discuss your next move, we are always happy to help.
Book a free consultation with Neilsons here!
