Terms & conditions

OMBUDSMAN SCHEME

The Agent is a member of the TPOS (The Property Ombudsman Scheme) and follows the TPOS Code of Practice. The Client agrees that the Agent may give information about the sale of the Client’s property to the Ombudsman, if the Client has requested a complaint and he asks for that information. The Client also agrees that the Agent may give the Client’s contact details to TPOS (if they ask for it) to help them monitor how the Agent is following the Code of Practice. A copy of the Code of Practice and the Consumer Guide is available from www.tpos.co.uk.

In the event that you have a complaint about our services please discuss it with the branch manager. In the unlikely event that it cannot be resolved the vendor has the right to referral to the TPO.

MARKETING/ASKING PRICE

The Marketing/Asking price does not represent a formal valuation of the property and may change during the term of the agency but this will not affect the agreement itself.

IMMEDIATE START & WITHDRAWAL CHARGES

Under the ‘The Right to Cancel a Contract made in the Consumers Home or Place of Work Regulations 2008’ if you have instructed the Agent to commence marketing immediately and then cancel the contract (if applicable) within the first 7 days, you will be liable to a withdrawal fee. This fee will be calculated on the amount of work and the services which the Agent has provided during the period up to the point of cancellation. This would also include commission if a buyer introduced by us purchases your property as explained under Fee Entitlement.

FOR SALE SIGN

The town and country planning regulations permit the display of one advertisement, consisting of a single board or two boards joined back to back. You hereby confirm that no other board other than ours will be erected, unless back to back as described. The legal responsibility that only one board is erected lies with both the seller and the Agent. It is important that you are aware that the provision by us of a ‘For Sale’ board will be an introduction to a purchaser who subsequently exchanges contracts even if you were previously acquainted with that person. Please note the seller is not entitled to make a claim if there is any damage due to erecting a ‘For Sale’ sign.

ENERGY PERFORMANCE CERTIFICATES

Energy Performance Certificates (EPCs) give information on how to make your home more energy efficient and reduce carbon dioxide emissions. An EPC is required by law when a building is built, sold or put up for rent. It is valid for ten years. The seller and a person acting on behalf of the seller must use all reasonable efforts to secure that a valid energy performance certificate is obtained for the property before the end of a period of 28 days starting with the day on which the property was first put on the market. We can arrange an EPC for you, see overleaf or you may wish to provide your own. In the event that you supply your own EPC we need a copy before 28 days from the start of this contract or we will be obliged to suspend marketing until it is made available to us.

PROPERTY MISDESCRIPTIONS ACT

It is a legal requirement that your property is presented accurately and in a way that will not mislead. You therefore agree to check the sales particular and advertising description and notify the Agent immediately of any inaccuracies. You must also confirm any information provided by you is true and supply documentary evidence to substantiate any claims made. We reserve the right to start marketing with draft particulars.

SUB-AGENT

We reserve the right to use sub Agents to assist in the marketing of the property. Signing this agreement gives us specific authorisation.

OTHER SERVICES

We reserve the right to offer a full range of other services to prospective purchasers which include estate agency, financial services, removals, surveys and conveyancing from which we may derive other commissions or fees.

COMMISSION FEE ENTITLEMENT

The commission fee will be earned by us if we introduce, directly or indirectly a person who contracts to purchase the property during the period of the contract. The Agent has a specific entitlement to a fee if: The property is sold to a family member; One of the owners buys another owners share (eg as part of a separation agreement); The property is sold to a Property Developer; The property is part exchanged; The property is sold at auction or is repossessed; The Agent finds a Ready, Willing and Able Buyer and the seller withdraws for any reason after contracts are exchanged.

We will have a commission fee entitlement if you terminate our agreement and then sell your property to a buyer introduced by us within six months of the date our agreement ends. However we give up that right to a commission if a buyer introduced by us goes on to buy the property throughout another estate agent, where the buyer is introduced to you by the other estate agent more than six months after our agreement ended. If no other estate agent is involved, this time limit will not apply.

INTERESTED PARTIES

If any individuals or parties have shown interest in purchasing the property prior to this agreement, privately or through another agent we will generally be entitled to our fees if we ‘introduce’ the buyers either directly or in directly (eg after seeing a ‘For Sale’ board or identifying the property from published information). To avoid future disputes, it is therefore important that you tell us now. (Even if you declare an ‘interested party’ it may be that the party has since lost interest. If we are able to revive that interest, we will nevertheless be entitled to commission if it transpires we were the ‘effective cause of sale’).

PAYMENT

Our fees along with the value added tax at the prevailing rate together with any additional costs agreed must be discharged without deductions by the solicitor or conveyance on or immediately after the date set for completion of the sale, and by signing this agreement you hereby irrevocably authorise the solicitor or c

Conveyance to do so. Should your account not be paid within 7 days of completion, any discount will become void and our charges will revert to our sole agency rate. Interest will also be added at a rate of 3% above Clearing Bank base rate from the date of completion.

DUAL FEE WARNING

Please remember 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. Please also remember that if a multiple agency arises you may be liable to pay a higher fee and another fee.

TERMINATION

If the agreement is terminated prior to term but the property is not withdrawn from the market completely for a consecutive period of at least three months, then the agreement shall recommence for the full period from the date of re-marketing. Please note that if a multiple agency arises you may be liable to pay a higher fee and another fee.

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