Terms of Business

  1. Responsibility for payment of fees, costs & charges
    1. The person to whom this form is addressed (i.e. you the Client) is personally responsible for and guarantees payment of our fees, costs and charges even if the property is held by a different person. If more than one party is to be responsible, the Form should be signed by all the relevant parties and there liability will be joint and several.
    2. When the property is owned by a company, the client is the company and in addition to accepting liability on behalf of the company each person signing the Form personally guarantee payment by the company of our fees, costs and charges.
  2. Sale Fees
    We will act as your agents with sole selling rights, or jointly with another firm also with sole selling rights. This means you will be liable to pay us a sale fee (in addition to any other charges or costs which we have agreed with you) in the following circumstances (which are defined In The Estate Agents Act 1979):
    1. (I) If unconditional contracts for the sale of the property are exchanged during the period during which we have a sole selling rights, even if the purchaser was not found by us but by another agent or by any other person, including you.
    2. If our appointment as your agent has been terminated by you in accordance with clause 3, we will remain entitled to our fees if during the following 6 months unconditional contracts are exchanged for the sale of the property to a purchaser who was introduced to you during the period of our agency or with whom we had negotiations about the property during that period. You agree to notify us in these circumstances.
  3. Termination of agency
    You or we may at any time terminate the agency by giving not less than 28 days’ written notice. Notice by either side does not detract from our right to charge fees under clauses 2 and 5.
  4. Timing of payment of sale fee
    1. Successful completion – Where completion of the sale is successful. The sale fee is due and payable on the date of completion of the sale.
    2. You agree to instruct your solicitors to pay property payable outstanding invoices, relating to the sale fee, out of the completion monies.
    3. Failed completion – If following exchange of contracts, completion of the sale fails, any sale fee becomes due and payable on the date on which completion was due to take place or, if earlier, the date of notification of failed completion. You agree to instruct your solicitors to pay any property payable outstanding invoices out of any deposit monies, which are or become available in respect of the sale.
    4. Delayed completion – if completion of the sale is delayed for more than 3 months after exchange of contracts, we may reserve the right to invoice you for any property payable sale fee 3 months after exchange of contracts. Any such fee will become payable on the date stated on the invoice.
  5. How our fees are calculated
    1. Our fee will be calculated by reference to the sale price. In the event of an exchange or part exchange the sale price or part thereof will be the value attributed to your property.
    2. For the avoidance of doubt, this includes any extra allowance for curtains, furniture, fixtures or other chattels, machinery, growing crops, livestock, tenant right, all quotes and entitlements.
  6. VAT
    All our fees, costs and changes are subject to Value Added Tax at the appropriate rate regardless of your domicile.
  7. Interest and recovery fees
    1. Interest will be payable at 4% above our banker’s base rate on any invoice that remains unpaid for 14 days after payment is due
    2. If we find it necessary to use solicitors or other parties to successfully recover agreed fees, costs or charges, you agree to pay any reasonable costs incurred by us.
  8. Marketing charges and other costs
    1. In addition to the sales fee, you are responsible for all agreed charges for marketing and other costs as set out in the Form.
    2. Until we receive written authority to proceed and payment of the agreed charges and costs, we reserve the right not to proceed with the marketing of the property. Unless otherwise agreed, all marketing charges are payable immediately upon receipt of invoice.
  9. Sub-agents
    We may instruct sub-agents on you behalf where we consider such a step to be in your best interests and you give permission for this. This will not involve you in any extra charges unless previously agreed with you.
  10. Verification on Information
    1. Under the Property Misdescriptions Act 1991 it is a criminal offence for an agent to make inaccurate or misleading statements about property whether in sale particulars, adverts, photographs, or verbal statements. This includes making statements that might give the wrong impression about a property and includes omitting facts. You will be asked to verify certain information and must assist to the best of your knowledge.
    2. Sales particulars will be submitted to you in a draft. You are required to check them carefully and return them, signed, to us signifying approval and confirming their accuracy to the best of your knowledge and belief, having made reasonable enquires where necessary. It is important to ensure accuracy with regards to such matters as length of lease, service charge, boundaries, unusual covenants, room sizes, acreage, conditions, planning consents, tenancies etc.
    3. You agree to notify us immediately of any relevant changes, which occur after approval of the sales particulars, which may affect their accuracy.
  11. Compliance
    Under the Money Laundering Regulations 2003 we are required to obtain evidence of your identity and proof of your address. We will require to see and have a copy of your passport and of a utility bill addressed to you at your current address (or other suitable documents) which we are required to hold on file for 5 years.
  12. Disclosable interests
    1. The Estate agents Act requires an agent to disclose property, both to you and a purchaser, any connection that we or any of our employees or associates may have with either party, either directly or indirectly, or with any member of their respective families. Should we become aware of any such interests, we will advise you promptly in writing. Should you be aware of any such connections with us you must advise us as soon as it becomes known.
  13. Data protection
    1. Winners will not pass on information unless we have expressed written permission off the client.
  14. Dispute resolution
    1. In accordance with the National Association of Estate Agents Rules of Conduct, we operate a formal procedure to deal with complaints from clients and others. Details of this procedure are available from the Company Secretary.
    2. If the complaint is not concerning fees, costs and charges to which the procedures of paragraph 4.0 of these Terms of Business apply and it cannot be resolved between the two parties, the procedure allows for reference to the National Association of Estate Agents Arbitration Scheme which provides for complaints to be resolved by an independent party appointed by the President of the Institute of Arbitrators. Your right to pursue any dispute through the courts is not affected by the option to resolve a dispute through the complaints procedure or arbitration.
  15. Applicable law and jurisdiction
    Whether or not the property is situated outside the UK, the Laws of England shall apply to these Terms of Business and the English Courts shall have jurisdiction.
  16. Unoccupied property
    We are not responsible for the management, maintenance or repair of any property unless we have agreed to be. That agreement must be recorded in writing and an additional fee charged. It is your responsibility to ensure that where property is unoccupied the property is adequately secured, mains services are turned off, water and heating systems professionally drained and the insurers of the property notified.