Terms and Conditions

OWNERSHIP 

By signing this Agreement you confirm that you are a sole or joint owner of the above Property; that you have the authority of any co-owner to instruct us to sell the Property; and to give us instructions to enable us to progress a sale. 

 

RIGHT TO CANCEL

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day this contract was agreed. To exercise the right to cancel, you must inform us of your decision to cancel this contract by sending us a clear statement in writing or emailing us. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We are not legally permitted to market your property until the cancellation period has expired, unless you provide us with specific written permission to do so.

If you do request that we begin immediate marketing of your property during the cancellation/ cooling off period and you do exercise your right to cancel, you will be required to pay us an amount which is in proportion to what has been performed until you communicated your cancellation of the contract. This would also include commission if a buyer introduced by us purchases your property.

 

PROPERTY MISDESCRIPTION ACT 1991

The Property Misdescriptions Act 1991 requires us to ensure that any representation or description made whether spoken or written for any of the properties we offer for sale are factually correct if they are to be included in particulars of sale, advertising, marketing or any other publicity that may be undertaken. You must ensure that all information provided to us by you or any other third party on your behalf is correct. This includes making statements that might give the wrong impression about your Property, or omitting facts such as access, noise from road traffic, foot paths or rights of way. We will send you draft particulars for your property. To ensure accuracy, we require you to sign a copy of the details for the property making any necessary amendments and return it to us. We will not be able to send out the details of the property to any prospective buyer until you have signed and returned the draft particulars. You should be aware that when you sign the details you are giving us written confirmation that all fixtures and fittings included with the property are in full working order. If that is incorrect you must inform us in writing. If during the marketing of your property, the approved particulars become incorrect due to alterations or for any other reason you must notify us immediately in writing. 

 

DISCRIMINATION 

We do not discriminate against any person and will dis-instruct with immediate effect if any Seller discriminates for any reason.

 

FOR SALE BOARDS

You will have the option to include a For Sale board as part of our services.  If chosen, you give permission for us to arrange a ‘For Sale’ board provider to erect a  ‘For Sale’ board at the property. You are only permitted by law to display one ‘For Sale’ board at the Property and therefore you agree that whilst our ‘For Sale’ board is displayed, no other boards will be erected at the Property.  Please note the seller is not entitled to make a claim if there is any damage due to erecting a For Sale board.

 

ENERGY PERFORMANCE CERTIFICATE 

An EPC is required by law and is valid for 10 years. An EPC must be provided to all prospective purchasers when your property is marketed prior to the first viewing and with any written details. We can prepare an EPC on your behalf but at your expense, or you can provide us with an EPC before marketing commences.

 

ACCESS AND SAFETY 

We will always inform you of an appointment for any prospective buyer to view your property. If, at any time, you are approached directly by any person, who has been introduced by us to your property directly or indirectly as a result of our promotion of it, you should inform us immediately. You should not allow access at that time to that person unless we have contacted you and arranged a mutually convenient appointment. We will try to check that person is genuine and arrange an appointment if a viewing is required. If we hold a key it is our usual practice to release them to professionals who require access, such as surveyors acting on behalf of purchasers.  Please advise us if this is not acceptable.  It is your responsibility to make sure it is safe for visitors and they will not come to harm in your property.  We do not take responsibility for unoccupied properties and strongly advise clients to make arrangements for their property to be checked regularly by a competent person.

 

ESTATE AGENCY SERVICES 

We intend to offer prospective purchasers our full range of services as follows: • valuations; • surveys; • estate agency; • conveyancing; • mortgage and financial services; either directly or indirectly through associated firms for which a commission or fee may be earned by us.

 

SUB AGENTS 

We shall give details of your property on a commission sharing basis to other agents unless we receive your specific written instructions to the contrary. We will pay a proportion of the fees agreed with you to the other agent if the other agent is successful in obtaining a sale.

 

MULTI AGENCY

If you have instructed another agent to sell your property on a sole agency/ sole selling rights basis, you may be liable to pay their fee as well as ours. Also if a multiple agency arises you may be liable to pay a higher fee or another fee.

 

PAYMENT OF FEES

By signing this agreement you give us authority to submit our invoice to your solicitor or licensed conveyancer following exchange of contracts, for payment immediately on the completion date, based upon a percentage of the agreed price on that date and provided there is sufficient balance of the proceeds of sale to settle our fees in full. If any of our fees remain outstanding, you must pay us direct. By signing this agreement, you confirm that you will give authority to and instruct the solicitors or licensed conveyancers acting on your behalf on the sale of the Property to pay the agreed commission plus VAT upon completion. If the rate of VAT should change, the rate charged will be that applicable on the date of the invoice. If the Property is part-exchanged with other premises our fees will be calculated on the full market value of the property with vacant possession on the day that the exchange takes place. If a sale is agreed and contracts are exchanged for an unconditional sale of the property due to an introduction of a buyer through our website or any other internet site our fees will become due upon exchange of contracts and payable upon completion or within thirty days of exchange whichever is the earlier. If ownership of some or all of the shares of the company forming the client are transferred or sold to a third party or legal entity then it will be deemed that a sale of the property has arisen and commission will be due and payable by the client to the agent within fourteen days of completion of change of ownership or transfer of the shares whichever is the earlier. If more than one person signs this agreement liability for payment of our fees will be joint and several which means that we may apply to either person to pay the full sum owing in fees, costs and any agreed expenses. 

 

INTEREST ON LATE PAYMENT 

Should all or any part of the fees and agreed costs due to us remain outstanding for more than 14 days after the completion date we reserve the right to charge interest at 4% above the base rate.

 

OMBUDSMAN 

We are certain you will be satisfied with our service but if you have any concerns we operate a formal complaints procedure. We are a member of the Ombudsman for Estate Agents Scheme, abide by its Code of Practice, and cooperate with and accept any decision of the Ombudsman in any investigation. By signing this agreement you give us consent to provide any information regarding the sale of your property and how you can be contacted if the Ombudsman asks us to do so. Full details of the Ombudsman Scheme are available upon request.