Does exclusivity stop you appointing someone else?
If your agreement is exclusive, appointing another adviser before it ends may breach it or create a fee liability to both. Labels such as sole agency or sole selling rights can have different effects; the exact wording matters.
This is general information, not legal advice. The exact effect of exclusivity, notice, protected-buyer and fee clauses depends on the wording of the agreement you signed, so ask a solicitor to review it where anything is unclear.
What are the risks of using two advisers at once?
- The same buyer approached twice, which can weaken your position
- More people holding confidential information
- Disputes about who introduced a buyer
- Two fees potentially claimed on one sale
Authoritative UK sources
How do you move to another adviser cleanly?
- End the current agreement in line with its terms
- Obtain a written list of protected buyers
- Share that list with the new adviser
- Agree a plan for previously approached buyers
What should you do next?
- 01Read the termination and exclusivity clauses.
- 02Give notice in writing if required.
- 03Request a protected-buyer list.
- 04Brief the new adviser before any buyer is contacted.
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