Auction and estate agency (private treaty) are two fundamentally different ways to sell a property. With an estate agency sale nothing is legally binding until exchange of contracts, so the buyer holds the power. With an auction sale the deal is legally binding on the fall of the hammer, so the seller gains certainty. This article explains the difference in detail, and helps you decide which route suits your property and your personal circumstances.
Some properties (and the owner's circumstances) are without doubt much better suited to an estate agency sale than an auction sale. Take a typical move - a family selling one home to buy another. With a chain to manage, and a sale price needed up front to arrange the next mortgage, an auction sale would rarely be the sensible choice.
However, where there's some flexibility in the seller's circumstances, or a need to sell quickly, then for the right type of property an auction sale can be the best way to achieve the highest price - and the most reliable way to actually get there.
The whole of this website compares auction with estate agency sales, so you'll find some overlap with our other articles. Here we go a little deeper into how a private treaty (estate agency) sale really works, why so many of them fall through, and how that compares with auction.
What is a private treaty (estate agency) sale?
If you sell through an estate agent (or direct to a property buyer) you're selling by private treaty. It's also sometimes called selling by informal tender - a phrase that captures it well, because nothing is fixed or formally committed: a buyer puts forward an offer, but they're free to change or withdraw it right up until exchange. It's the method most people are familiar with, and it works like this:
- The property is listed for sale with an asking price and advertised on the portals (Rightmove, Zoopla and similar).
- Prospective buyers view the property and make offers to the estate agent, who passes them to the seller.
- The seller accepts an offer "subject to contract" and the property is marked sold STC.
- Over the following weeks - or months - that one buyer arranges their mortgage, commissions a survey and carries out legal enquiries and searches.
- Only at exchange of contracts does the sale become legally binding, with the buyer paying a non-refundable deposit.
The crucial point is that nothing is binding until exchange. Right up until that moment the buyer can withdraw, or reduce their offer, for any reason or no reason at all. The seller is, in effect, at the mercy of a single buyer.
Private treaty sale
A private treaty sale is the type of sale you'd expect through an estate agent: a property is listed with an asking price, the buyer makes an offer, and the seller decides whether to accept. The offer can change - or be withdrawn - at any point up until exchange of contracts. Selling at public auction is different, as this article explains.
Choosing the right buyer is the most important part of an estate agency sale. The seller (helped by the agent) shouldn't just consider the price offered, but the buyer's credibility - how likely are they to see the deal through?
Factors worth weighing include the buyer's finances: are they applying for a mortgage, and how far has it progressed? If they claim to be a cash buyer, can they prove their funds? Do they need to sell their own property to buy yours? How many buyers and sellers are in the chain? It's also worth understanding their personal circumstances - that's if they'll tell you! The checklist goes on, but the point stands: until contracts are exchanged, the buyer can pull out or change their offer at will.
What is an auction sale?
An auction turns that process on its head. Instead of one provisional buyer doing their homework after making an offer, every interested buyer completes their research - survey, legal pack, finances - before they bid. The auctioneer makes a contract pack available to all of them in advance.
On auction day (or at the close of an online auction) the property is sold to the highest bidder, contracts are exchanged there and then, and the buyer pays a deposit. From that moment the sale is legally binding and neither party can simply walk away. Rather than relying on one buyer, the seller has multiple committed, qualified buyers competing - and competitive bidding is what drives the price up.
The word "auction" comes from the Latin meaning "to increase" - a method of sale designed to have a buyer pay as much as possible, without setting a ceiling price.
The fundamental difference: one buyer vs many
The single biggest difference between the two methods is how many buyers you're relying on. A private treaty sale puts the contract of sale in front of one buyer at a time. An auction puts it in front of many buyers at once.
Estate agency sale
The contract of sale is sent to just one buyer.
Auction sale
More secureThe contract of sale is sent to many buyers at once.
Estate agent vs auction: a private treaty sale relies on a single buyer, whereas an auction puts the contract in front of many buyers at once.
There's a second, equally important difference: when the buyer does their due diligence. Under private treaty the buyer offers first and researches afterwards - so every step after the offer is uncertain. At auction the buyer researches first and bids second - so by the time they're committed, the work is already done.
Estate agency sale
Not secure- Only one buyer at a time - the offer is a provisional offer.
- The buyer carries out their research after making their offer.
Auction sale
Secure- Multiple buyers progress at the same time.
- Buyers must complete their research before bidding.
The diagram shows why auction is considered the more secure method for the seller: the people bidding have already done their homework and are ready to exchange.
Reliability of sale - why estate agency sales fall through
So what's more reliable, an estate agency sale or an auction sale?
Once a buyer is chosen in a private treaty sale, the other interested parties fall away and move on. For the next few months - while that buyer arranges finance, commissions surveys and makes legal enquiries - the seller can only keep their fingers crossed: that the buyer is offered their full mortgage, that the buyer of the buyer's own property doesn't pull out, that nobody further down the chain changes their mind. The sale is very much at the mercy of one single buyer.
It's not at all unusual for the first one or two sales to fall through. Industry estimates have long put the figure at around one in three estate agency sales collapsing before completion; the government's own analysis is that more than one in five transactions fall through, and that it takes around 170 days on average, from listing to completion, to sell a property.
Auction is considered a more reliable method of selling because the sale is not dependent on one single buyer.
Auction is more reliable precisely because the sale isn't dependent on one buyer. There might be ten or twenty interested buyers, and it only takes two motivated bidders to drive the price up. That delivers both a reliable sale and the property's top price through competitive bidding.
The government is reforming home buying and selling
The reliability problem is so well recognised that the government has announced major reforms to the home buying and selling process in England. The aim is to cut transaction times by around four weeks, reduce costs, and halve the number of sales that fall through. Two of the headline measures are especially relevant here:
- Upfront information ("sales packs"). Sellers and agents will have to provide key information - the property's condition, leasehold costs and chain status - at the point of listing, so buyers have the facts before they offer.
- Binding conditional contracts. A sale would become legally binding much earlier - around the point an offer is accepted - with a financial penalty for either side that withdraws without a valid reason.
It's worth noticing what these reforms are really doing: they're trying to make private treaty sales behave more like an auction already does. Auction has always given the buyer full information up front (the legal pack) and made the sale binding at the point of exchange. In other words, the certainty the government wants to engineer into estate agency sales is something auction delivers today.
It's important to stress that these are only proposals. The reforms are being introduced in phases, and the government's own roadmap doesn't anticipate legislation until around 2028-2029 - with binding conditional contracts coming later still, only once the upfront sales packs have been tested and embedded. A seller today shouldn't count on any of this being in place any time soon.
History is a good reason for caution. Reforms to the home buying and selling process have been talked about for the best part of 30 years, with little to show for it. The last major attempt - Home Information Packs (HIPs), which required sellers to provide upfront information when listing - was phased in during 2007 and then scrapped just three years later in 2010. Whether the latest proposals fare any better remains to be seen.
The reason we mention all this is simple: the inefficiencies of the private treaty method are now so widely recognised that the government is, once again, trying to engineer them out. We cover the proposals, the criticism they are already attracting from solicitors and conveyancers, and how auction overcomes these problems today, in our news article: Home buying and selling reforms: what they mean for sellers.
Which is right for your property?
Deciding whether to sell with an estate agent, at auction, or direct to a property buyer comes down to two things: (1) the type and condition of the property, and (2) your personal circumstances.
When an estate agency sale tends to win
If you're in a chain - selling one home to buy another - the managed, flexible nature of a private treaty sale is genuinely useful. You need to know your sale price to arrange the onward mortgage, and to coordinate completion with your purchase. If your auction sale completed but your onward purchase fell through, you could be left needing temporary accommodation. That's where being "part of the chain" helps, and it's a large part of why estate agents have won their place in the market: buyers and sellers often need a managed sale.
Fully modernised homes in good condition, with their value already maximised, also tend to sell for the best price by private treaty - unless the property is unique or in a sought-after location, where competitive bidding might find a higher price.
When an auction sale tends to win
Virtually any property can be sold at auction, but some are far better suited than others. Properties in need of modernisation or with development potential make the best auction lots - they usually sell for more at auction than they would with an estate agent. Auction also suits sellers who value speed and certainty, or who are selling in circumstances (such as probate) where a clean, binding sale matters.
That an auction sale can be managed is often overlooked. Within reason the seller sets the terms in the contract of sale (the special conditions), and can specify the completion date or other conditions to help with an onward move.
Managing the sale price
Just as a managed estate agency sale can help with the timing of an onward move, sometimes the sale price needs managing too. At auction this is done by setting a reserve price - but the reserve has to be realistic. Reserves are typically set around 85% of market value, with competitive bidding pushing the final price closer to (or above) market value. There's no guarantee, though, which is why the reserve matters.
Example: we helped in a case where an owner needed £1.45M to clear their mortgage. The auctioneer suggested a reserve of £1.25M, to "test the water" and withdraw the lot if interest was low. Our advice was to only enter the property if a reserve of £1.45M+ could be agreed - because even strong pre-auction interest is no guarantee that bidding will reach a given level.
The property was a desirable Grade II listed house that would always attract attention - but curiosity isn't the same as genuine buyer interest, and with so much at stake it wasn't a risk worth taking. Had it sold at the £1.25M reserve, the owner would have lost £200,000 while the auctioneer still earned their commission. (Wondering why the owner couldn't simply insist on a £1.45M reserve? See how auction reserve prices are determined.)
If an estate agent has advised against auction
If you think your property might suit auction but an estate agent has told you otherwise, this is worth knowing. The auction rooms - particularly in London - are full of properties bought through ordinary open-market estate agency sales and resold at auction within a month, for considerably more. Property traders make healthy profits doing exactly this.
There's no shortage of property traders who purchase properties through open market estate agency sales and resell at auction, typically achieving profits of £20,000 to £50,000 on each sale.
It works because auction is simply a more efficient way to transact. Negotiating through an estate agent is clunky and slow, and the buyer holds the negotiating power in a private treaty sale. Even the best estate agent in the world can't create the competitive bidding environment that auction offers for the benefit of the seller.
When we explain this to property owners they're usually as surprised as we were. We're often asked whether there's a secret arrangement between the trader and the agent - there isn't. These are normal open-market sales with no incentive offered to the agent. We know, because we've been involved in them ourselves. The very fact that this trade is so common shows how some properties are far better suited to auction than to an estate agency sale.
How much does it cost to sell at auction? Roughly the same as a good high street estate agent - typically 2% to 3% + VAT - and the seller's costs can often be passed to the buyer. Find out more about the cost of selling a property at auction.
The fear of selling at auction
Moving home is one of the biggest decisions of your life, and selling your property is a fundamental part of it. Even when the property isn't your home - say you're selling an inherited property - there's a lot of financial and emotional investment at stake.
Most owners choose the method they're most familiar with, and that's usually the estate agent route. It feels commitment-free: if the seller isn't happy with the price, or their onward purchase falls through, they can withdraw any time before exchange. And the agent is on hand to offer reassurance when things don't go to plan.
For many, the idea of auction simply doesn't sit well - largely the fear of the unknown. Plenty of properties sold through estate agents would have been far better suited to auction, but owners feel safer with an agent managing the sale.
As better information about the auction process becomes available, owners are increasingly able to make an informed decision about whether auction suits them - rather than a decision based on fear. In some parts of the world (including Australia and New Zealand) auction is the first port of call when selling a property. Who knows whether that will be the case in the UK in ten years' time?
More auction help
- What price will my house sell for at auction?
- Serving notice to your estate agent - what to expect!
- Selling at auction FAQs
- Guide to selling a property at auction
- Request an auction sale price estimate
Next steps - request an auction sale estimate
Why not request a free pre-auction appraisal for your property? It only takes a few seconds. Or feel free to call us on 0800 862 0206 if you have any questions.