industry-guides
Estate agency employment contracts: employer guide
Draft estate agency contracts covering commission, branches, driving, property access, client data, targets and post-termination protections.
Estate agency roles combine sales targets, commission, branch coverage, driving, property access and sensitive client information. A clear contract should explain how pay is earned and what happens when instructions, sales or tenancies change, rather than leaving important terms in informal manager messages.
Define the role and work base
Describe whether the employee handles sales, lettings, viewings, progression, property management, valuations or branch administration. Identify the normal branch and any reasonable requirement to cover nearby locations, attend properties or work from home.
A mobility clause should have geographic boundaries and a reasonable notice process. Explain travel expenses and whether travel between the branch and appointments is working time. State whether the employee needs a driving licence, business-use insurance or access to a suitable vehicle, and how loss of that requirement will be handled fairly.
Draft commission rules carefully
State the basic salary or hourly rate separately from commission. Define exactly when commission is earned: instruction, exchange, completion, tenancy start, fee receipt or another event. Explain splits, team deals, fall-throughs, refunds, clawback, pipeline cases, absence and termination.
Avoid broad discretion that makes the scheme impossible to understand. If targets or rates may change, identify the review process and avoid retrospective changes. Confirm whether commission counts for holiday-pay calculations under current law.
On termination, define treatment of transactions already in progress, but obtain advice before withholding sums already contractually earned. Keep pipeline and attribution records so decisions do not depend on memory.
Hours, appointments and lone work
Record normal hours, weekend rotas, evening viewings and overtime treatment. Employees should know how appointment changes are communicated and how breaks are protected during busy periods.
Viewing empty or occupied property can involve lone-working, violence and personal-safety risks. Use appointment verification, check-in, escalation and emergency systems. The employer must assess and control risk rather than relying on an instruction to “take care.”
Keys, access and client money
Set strict but practical rules for property keys, alarm codes, access details and identity checks. Keep issue and return logs. Lost keys or access breaches should be reported immediately and investigated fairly.
Where a role handles deposits, rent or client money, identify authorisation limits, reconciliation and reporting duties. Training and supervision remain essential; a contractual responsibility does not replace financial controls.
Confidentiality and data
Employees may access buyer, seller, landlord, tenant and applicant data. Use proportionate confidentiality wording and privacy training. Define authorised CRM access, secure remote work, marketing consent and incident reporting.
Post-termination restrictions may protect legitimate confidential information and client connections, but must be no wider than reasonably necessary. Do not copy restrictions designed for a senior branch director into every junior role.
Conduct, regulation and customer treatment
Require compliance with lawful anti-money-laundering, consumer-protection, redress-scheme and professional procedures relevant to the role. Provide training and identify who makes decisions when a transaction raises concern.
Customer-facing employees need protection from abuse and harassment. Apply the workplace sexual-harassment checklist to viewings, branch contact and client messaging.
Onboarding checklist
Review commission and pipeline records monthly, not only when someone resigns. Reconcile CRM ownership, branch splits, referral arrangements and fee receipts while evidence is current. Give employees a route to challenge attribution before payroll closes. This reduces disputes and reveals training or process problems early.
Plan branch moves and territory changes through consultation. A contractual mobility clause does not make every reassignment reasonable, particularly where travel cost, commission opportunity or caring commitments change materially. Confirm agreed changes to branch, territory, targets or working pattern in writing.
At termination, preserve client continuity without misrepresenting the former employee. Reallocate active matters, notify clients appropriately, remove system and property access, return personal belongings and calculate contractual pipeline payments consistently. Apply post-termination restrictions only where necessary to protect a legitimate interest and seek advice before enforcement.
- complete right-to-work, references and driving checks;
- issue role duties, branch and mobility terms;
- provide the commission plan with worked examples;
- train for lone work, keys, data and client money;
- define CRM and marketing access;
- explain complaints and harassment escalation;
- schedule probation and target reviews.
Build an estate agency employment contract using the actual role, commission model and work locations. Attach a carefully reviewed commission schedule where needed.
This guide is general information, not legal or regulatory advice. Obtain specialist advice on commission disputes, restrictions, regulated activities or dismissal.
