Should You Take Your Estate Agent With You? What Happens When Agents Move Firms

Should You Take Your Estate Agent With You? What Happens When Agents Move Firms

Hook: You’ve found an agent you trust, they’ve got momentum on your sale — and then they hand in their notice. Do you follow them to their new firm or stay put with the agency that has your contract? For UK sellers in 2026, agent moves are more common and complex than ever; here’s a practical playbook to protect your sale, your money and your timeline.

The problem sellers face right now

Recent industry shifts — from high‑profile leadership moves to franchise conversions across borders — have made agent mobility a headline story. Late 2025 and early 2026 saw more brokerages consolidating and re‑branding, and that means agents often switch firms or trade under new franchises. For sellers, that raises immediate questions:

• Will the agent’s new firm honour my existing listing?
• Can I transfer the contract or take the listing to the agent’s new company?
• Do I risk losing marketing, listing history or portal exposure?
• How does agent reputation and loyalty affect my sale?

Why agents move — 2026 trends to know

Understanding why agents move helps you make better decisions. In 2025–2026 the sector has been shaped by three big trends:

1. Consolidation and franchise switches — Larger franchisors and networks continue to absorb and rebrand local firms. These moves can change marketing reach and tools available to your agent.
2. Agent-first models and portability — Tech‑enabled platforms and boutique teams market around the individual agent, making it easier for agents to bring their personal brand (and sometimes clients) with them.
3. Digital systems and CRM portability — E‑signatures, CRM exports and standardised portals in 2026 mean contact and listing data can often be moved quickly — but legal and contractual barriers remain.

Industry examples: leadership changes and franchise conversions reported in late 2025 and early 2026 show how fluid broker structures have become — a good agent can move without warning, but their ability to take listings with them is not automatic.

Key legal and contractual concepts (UK sellers)

Before you make a decision, identify what kind of agreement you signed. These terms determine whether you can simply follow your agent.

• Sole selling rights — Usually the strictest: only the named agent can sell your property during the contract term and there may be a protected period after the contract ends during which the agent still claims commission.
• Sole agency — Only one agent is instructed, but if you find a buyer privately you may avoid paying the agent fee. The agent’s departure doesn’t automatically cancel the contract.
• Multi‑agency — Multiple agents instructed. This is the most flexible for sellers but usually attracts higher overall fees.
• Joint agency — Specific co‑operation terms between agents; check who is responsible if an agent leaves.

Action: Locate your signed agency contract right now and note the type of instruction, term length, notice periods and any protection clauses.

What actually happens when an agent moves firms?

The outcome depends on three things: your contract, the agent’s relationship with the firm (employee, franchisee, self‑employed), and data/marketing ownership.

• If the agent is employed by the firm and the listing is held by the firm, the firm usually remains the contractual agent. The firm can assign another agent to your sale.
• If the agent is a franchisee or self‑employed within a brand and they move their business to another franchise, there may be a pathway to transfer the listing — but it requires clear written agreement from both firms and from you as the seller.
• Even if the agent offers to ‘follow’ your listing, you must agree in writing — and consider any financial or reputational implications.

Practical checklist: Should you follow your agent?

Use this checklist the moment your agent tells you they’re leaving:

1. Read your contract. Identify notice periods, exclusivity and protected period clauses.
2. Ask direct questions:
   • Is my instruction to the individual agent or to the firm?
   • Will the firm appoint another agent? If so, who and how will they be introduced?
   • Will there be new marketing costs, portal re‑listing fees or changes to commission?
3. Request written confirmation from both the outgoing firm and the agent’s new firm if you agree to a transfer. Never rely on verbal promises.
4. Check portal logistics: Rightmove, Zoopla and OnTheMarket have rules about office changes and re‑listings. Ask if the new firm will re‑list without losing your listing history and SEO.
5. Confirm data handling and consent (GDPR): Customer contact details, viewings history, photos and floorplans are personal data. Get written consent for any transfer.
6. Negotiate terms: If the agent’s move increases reach (franchise change, national brand), consider renegotiating commission or a new marketing plan in writing.
7. Consider a cooling period: If you’re mid‑sale or negotiating offers, it may be safest to stay with the firm until exchange of contracts.
8. Seek legal advice: If you’re unsure about protected period clauses or disputed commissions, consult your solicitor or a property law specialist.

Realistic scenarios and recommended actions

Scenario 1: Agent employed by the firm (most common)

What happens: The agent leaves but the firm's contract and listing remain in force. Another agent will be assigned.

Seller action: Meet the replacement agent, ask for an introduction to ongoing clients, and request an updated marketing plan. If you dislike the replacement, you can negotiate a release or mutual termination, but expect to settle any obligations in your contract.

Scenario 2: Agent is a self‑employed franchisee or team leader who moves the team to a new franchise

What happens: There’s more chance of transferring the listing because the agent controls the business. However, the original firm may claim the listing if the contract names the firm.

Seller action: Insist on a written listing transfer agreement signed by you, the original firm and the new firm. Confirm who pays for any re‑marketing and whether portal history will be preserved.

Scenario 3: Agent wants to ‘take’ your listing informally

What happens: The agent approaches you privately, asking you to withdraw the instruction from their old firm and re‑appoint them at their new company.

Seller action: Be cautious. Ask for formal resignation/assignment documents, and check whether your existing contract contains a protected period that could provoke a commission claim later. If you switch, get the firm’s confirmation that no fees are due to them or secure a written settlement.

Agent reputation, loyalty and seller risk in 2026

Agent loyalty used to mean the agent stayed with one firm for life; in 2026, loyalty often means the agent’s commitment to results, transparency and communication — regardless of employer. When assessing whether to follow your agent, consider:

• Track record: Recent sales, time on market and ability to close deals in your area.
• Local knowledge: National brands bring reach, but local market expertise often drives better pricing.
• Communication: Will the agent maintain the same level of contact post‑move?
• Resources: Does the new firm offer better tech (CRM, virtual tours, AI valuation tools) or a stronger marketing budget?

Negotiation points when you consider transferring

If you decide to follow an agent or accept a transfer, protect yourself by negotiating these points in writing:

• Exact commission rate and any changes after transfer.
• Who pays costs for re‑marketing, professional photography or portal fees.
• Confirmation that listing history and reviews will transfer or be preserved.
• Specific notice of any protected period clauses and a written indemnity if the old firm retains a claim.
• What happens to advance payments, retainer fees or exclusive marketing budgets already spent.

How to phrase the conversation: scripts to use

Use these lines when you contact either firm or the agent:

• To your current firm: “Please confirm in writing who holds the instruction for [property address] and whether a different agent will handle the sale.”
• To the leaving agent: “If I agree to transfer, I need a written agreement from both firms confirming marketing continuity, portal transfer and any fees.”
• To the new firm: “Please provide a written plan showing marketing budget, portal listing process and confirmation you will assume responsibility for the instruction.”

Practical checklist for a safe listing transfer

1. Get everything in writing — no exceptions.
2. Confirm who legally holds the instruction on your contract.
3. Ask both firms for written waivers if fees or claims could arise.
4. Agree on a single point of contact and a transition plan for viewings and offers.
5. Document the handover of keys, documents and online access to the listing.

When it’s usually smarter to stay with the firm

Sometimes the most pragmatic choice is to remain with the original firm. Consider staying if:

• Your property is under offer or close to exchange — disruption risks the sale.
• The firm has invested heavily in marketing which would be lost if you switch.
• The contract gives the firm strong protection and you face a potential commission dispute.

When following your agent can be a win

Following your agent can be the best outcome when:

• The agent genuinely controls the instruction (franchisee or team owner).
• The new firm brings demonstrable advantages — bigger buyer database, national reach or better tech.
• Both firms agree in writing to a clean transfer with clear indemnities.

Actionable takeaways — what to do right now

• Find your contract. Identify the instruction type and protected clauses.
• Ask for written confirmation from any party proposing a transfer.
• Evaluate reach vs continuity. Balance the agent’s relationship with your comfort about contractual risk.
• Insist on GDPR consent for any data transfer.
• Get legal advice if there’s any potential commission dispute or ambiguity.

Final considerations — reputation, trends and future predictions

In 2026 the balance of power between brands and individual agents is shifting. Expect more agents to trade on personal brand and tech first. At the same time, buyers and sellers will see improved CRM portability, smarter portal integration and edge‑first directory solutions — making smooth transfers easier in many cases.

But consolidation also means larger firms will become more protective of contracted listings and their marketing investments. That makes clear written agreements and quick, calm negotiations essential when your agent moves.

Conclusion — how to think about agent loyalty

Agent loyalty is valuable, but don’t confuse personal rapport with contractual reality. The safest path combines respect for relationships with strict attention to your signed contract and a pragmatic evaluation of what the firm or new network offers. Protect your sale first; reward an agent’s loyalty only after there is written assurance that your legal position and sale timeline are secure.

Call to action

Need help right now? Download our free “Agent Move Checklist” or contact our specialist team for a quick contract review. We’ll help you decide whether to follow your agent — and how to secure a clean, risk‑free transfer if you do.

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