How to accept an offer on a house
To accept an offer on your house, you tell your estate agent (or the buyer directly, if you're selling privately) that you accept it "subject to contract". The agent confirms it in writing and sends a memorandum of sale to both sides' solicitors, who then start the legal work. Nothing is legally binding until contracts are exchanged, so the most important part of accepting an offer is checking, before you say yes, that this buyer can actually complete.
This guide covers what to check, how to compare offers, what happens after you accept, and whether to keep your home on the market. It applies to England and Wales.
What happens when someone makes an offer
GOV.UK says buyers can make offers by phone, in person or in writing, and if you're using an estate agent, they must make the offer through the agent.
Your agent has clear duties:
- They must pass on every offer. The law requires agents to forward offers to you promptly and in writing, unless you've told them in writing that you don't want offers of a certain kind (for example, anything below a set figure). GOV.UK says they must keep passing on offers "right up to when contracts are exchanged".
- Agents who belong to The Property Ombudsman (TPO) must also confirm each offer in writing to you, and to the buyer who made it, within 2 working days, and keep a record of every offer and your response.
- They must not invent or misrepresent other offers. TPO's code says that by law an agent must not invent rival offers or misdescribe a buyer's position.
You don't have to answer straight away. GOV.UK's selling guide says you shouldn't feel rushed into accepting an offer.
Check the buyer's position before you accept
The price matters, but so does the chance the buyer gets to completion. TPO's code says that while you're considering an offer, the agent must take reasonable steps to find out where the buyer's money is coming from, including whether they need to sell a property, need a mortgage or claim to be a cash buyer, and pass that on to you.
| Buyer's position | How strong it is | What to ask for |
|---|---|---|
| First-time buyer with a mortgage | Strong if their lender is happy: there's no chain below them | A mortgage decision in principle and evidence of the deposit |
| Buyer whose own sale is agreed | Depends on the chain below them | Details of their buyer and how long the chain is |
| Buyer who hasn't sold yet, or hasn't put their home on the market | Weakest: they may not be able to proceed | When they expect to sell; some sellers wait until they have a buyer |
| Cash buyer | Strong if the cash is really there | Proof of funds, such as a bank statement or a letter from their solicitor |
| Investor or cash house buying company | Usually quick, but the price is usually lower | A written offer with any conditions, proof of funds, and their TPO or NAPB membership |
A decision in principle is, in GOV.UK's words, "a written statement from a lender giving an estimate of what you can borrow". It isn't a mortgage offer, but GOV.UK says it signals to sellers that the buyer is serious.
Be careful with the word "cash". TPO's code says a buyer can only be called a cash buyer if they have the money available by exchange and completion, or if they've already exchanged on their own sale and don't need a mortgage. Someone who still has a house to sell isn't a cash buyer, whatever they call themselves.
ID and money laundering checks
Estate agents must check the identity of both the seller and the buyer under the money laundering rules. HMRC's guidance for estate agents, updated in October 2026, recommends checking a buyer as soon as possible after first contact and before an offer is accepted, and says "extra care should always be taken with cash buyers". TPO's code says the checks on the buyer must be done before a binding contract is entered into. If the agent can't complete the checks, they can't go ahead with that buyer.
How to compare offers
The offer with the highest number isn't always the strongest. Weigh up:
- Price: how close it is to your asking price and recent local sales
- Position: whether the buyer is chain-free, has sold, or still needs to sell
- Finance: a mortgage decision in principle, a large deposit, or proven cash
- Timing: whether they can move when you need to
- Conditions: anything the offer depends on, such as a survey, a mortgage valuation or including certain furniture
A slightly lower offer from a buyer with nothing to sell is often a safer bet than a higher one from a buyer with a long chain. Our guide to property chains explains why.
How to accept an offer, step by step
- Tell your agent you accept, subject to contract. In a private sale, tell the buyer directly and confirm it in writing.
- Agree the details at the same time: the price, what's included, any conditions and a rough timescale for exchange and completion.
- Get the memorandum of sale. Your agent sends this to you, the buyer and both solicitors. It confirms the price, everyone's details and the buyer's position. Check it carefully.
- Instruct your solicitor or conveyancer, if you haven't already. They'll send you the property information forms and ask for ID.
- Decide whether to keep marketing the home (see below), and tell your agent in writing.
- Gather your documents. Our checklist of documents needed to sell a house lists them.
- Stay in touch. GOV.UK says the buyer's solicitor will arrange searches and check the title, and will send your solicitor questions. Quick answers keep the sale moving.
Should you take your house off the market?
GOV.UK's selling guide says you should remove your home from the market once you've accepted an offer. It shows the buyer you're committed before they spend money on surveys and legal work.
You can keep it on the market if you prefer. TPO's code says the agent must take your instructions on this, and if marketing continues, must tell your buyer in writing and make clear in adverts that an offer has been accepted subject to contract. Either way, the agent still has to pass on any new offers until exchange.
Keeping your home on the market protects you if the buyer drops out, but it can unsettle a buyer and lead to the kind of late price changes described in our guide to gazumping and gazundering.
Some sellers and buyers sign a reservation agreement to show they're committed. GOV.UK's selling guide says these may include a financial penalty if one side pulls out, and the government's June 2026 reform roadmap encourages their voluntary use. Have your solicitor read any agreement before you sign it.
Can you change your mind after accepting?
Legally, yes, until contracts are exchanged. But GOV.UK's selling guide warns that "pulling out after you have accepted an offer is likely to increase delays, costs and frustration". If a higher offer comes in, think hard about how much more it really is, how strong that buyer is, and what you'd lose if the first buyer walks away.
Accepting an offer from a cash house buying company
Cash house buyers, including us, usually offer below market value. In return you can get speed and more certainty, with no repairs to do first and no chain below you. Before accepting any quick-sale offer:
- Get it in writing, with any conditions. TPO's code for property buying companies says members must confirm any offer or amended offer in writing, with the proposed timescales.
- Ask how the price was worked out, and compare it with recent sold prices nearby.
- Ask whether the price could change. The same code says members should not cut their offer late in the process without a valid reason explained in writing.
- Check they're genuine. See how to check a cash house buyer.
We make an offer within 24 hours, explain how we worked it out from recent sales nearby, pay your legal fees, and there's no obligation to accept. If your home is in good condition and you can wait a few months, an estate agent sale will usually get you a higher price.
Accepting an offer on an inherited house
Executors can accept an offer and market the house before the grant of probate arrives, but they can't exchange contracts until it's issued. Tell buyers at the start that the sale depends on probate. Our guide to selling an inherited house explains the process.
Questions people ask
Is accepting an offer on a house legally binding?
No. In England and Wales an offer isn't legally binding until contracts are exchanged, even after you've accepted it and the agent has sent out a memorandum of sale. Either side can still change the price or pull out until exchange. GOV.UK's selling guide warns that pulling out after accepting an offer is likely to increase delays, costs and frustration for everyone involved, so only accept an offer you mean to go through with.
Do I have to accept the highest offer?
No. You can accept whichever offer suits you, or none. A slightly lower offer from a buyer with nothing to sell and a mortgage decision in principle can be more likely to complete than a higher one from a buyer who hasn't sold yet. Your estate agent must pass on every offer, but the choice is yours. Think about price, the buyer's position, the chain and timing together.
What is a memorandum of sale?
A memorandum of sale is the note an estate agent sends to the buyer, the seller and both solicitors once an offer is accepted. It usually sets out the agreed price, the names and addresses of everyone involved, the solicitors' details and the buyer's position, such as whether they need a mortgage or have a home to sell. It isn't a contract, but it lets the solicitors start work.
How long does an estate agent have to tell me about an offer?
By law, an estate agent must pass on offers to you promptly and in writing, unless you've told them in writing not to pass on offers of a certain kind. Agents who belong to The Property Ombudsman must confirm each offer in writing to you, and to the buyer who made it, within 2 working days. Agents must keep passing on offers right up until contracts are exchanged.
Can I keep my house on the market after accepting an offer?
Yes, it's your decision. GOV.UK's selling guide says you should take your home off the market once you've accepted an offer. If you choose to keep marketing it, The Property Ombudsman's code says the agent must tell your buyer in writing and make clear in adverts that an offer has been accepted subject to contract. Keeping it on the market can unsettle a buyer.
Sources
- Selling a home: offers and negotiations (GOV.UK)
- Selling a home: estate agents (GOV.UK)
- How to sell a home (GOV.UK)
- How to buy a home (GOV.UK)
- Estate Agents (Undesirable Practices) (No. 2) Order 1991, Schedule 3 (legislation.gov.uk)
- Code of Practice for Residential Estate Agents (The Property Ombudsman)
- Code of Practice for Residential Property Buying Companies (The Property Ombudsman)
- AMLG2200: estate agent business guidance (HMRC)
- Applying for probate (GOV.UK)
- Home buying and selling reform roadmap (GOV.UK, June 2026)
Related guides
Gazumping and gazundering: what they are and how to protect yourself
Gazumping is when a seller accepts a higher offer from someone else after already accepting yours. Gazundering is when a buyer cuts their offer late, often just before exchange. Both are legal in England and Wales because an offer isn't binding until contracts are exchanged. Written offers, proof of funds, an independent solicitor and moving quickly to exchange are the best protection.
The processWhat is a property chain? How chains work, why they break and how to avoid one
A property chain is a line of linked sales where each buyer is also selling, so every sale depends on the others. A chain starts with a buyer who has nothing to sell and ends with a seller who isn't buying. In England and Wales nobody is bound until contracts are exchanged, so a problem anywhere in the chain can delay or collapse every sale in it.
The processThe house selling process, step by step
Selling a home in England or Wales usually runs in this order: check your mortgage, value the home, choose how to sell, instruct a solicitor, get an EPC, market it, accept an offer, then conveyancing, exchange of contracts and completion. GOV.UK says it takes about 5 months on average, and nothing is legally binding until contracts are exchanged.
General information for England and Wales, not legal, tax or financial advice. Last checked 26 October 2026.