Agency terms in accordance with The Estate Agents Act 1979 and The Estate Agents (Provision of Information) REGULATIONS 1991
The Client’s attention is particularly drawn to the provisions of clause 13.
Agency Agreement (For sales by Private Treaty, Auction or Tender)
You are hereby instructing us to act as your agent for a minimum period of 12 weeks from the date of you giving instructions to us as set out in your Application Form. The Application Form and these Terms and Conditions ( Terms ) together shall constitute your agreement with us. This agreement may be terminated at the end of the minimum period by us receiving from you a 14 days written notice. If no notice is received by us from you the agreement will continue after the minimum period of 12 weeks until a 14 days’ written notice is received by us from you to terminate the agreement. You agree not to appoint any other agents or persons during the period of our agency agreement for the provision of estate agency services.
Liability to Pay our Commission
In consideration of our efforts to market your property, you will be liable to pay our commission and any other agreed charges or costs if contracts for the sale of the property are exchanged in the period of our agency agreement to a purchaser introduced by us, or by another agent or by any other person, including yourself; where contracts for the sale of the property are exchanged after the period of our agency agreement but to a purchaser introduced by us during the period of our agency agreement.
For the avoidance of any doubt, the phrase introduced by us where used in these Terms shall refer to:
i)any person or entity who has become aware of the relevant property as a result of any action taken by us, whether directly or indirectly. Such actions may include, without limitation:
- the erection of any sign board;
- the preparation or distribution of particulars;
- the publication of information about the property in any newspaper, on the internet (whether on our website or through any other website or portal and whether such site or portal is associated with our site or company or not) or in or through any other medium; and/or
- any communications or correspondence (oral, written or electronic between any person representing us or instructed by us and any other person or entity; or
ii) any person or entity with whom we have had negotiations or discussions about the property;
even if such awareness or negotiations or discussions did not cause the exchange of contracts or purchase.
Method of Payment
Our commission is payable either on completion of the sale or, where a purchaser exchanges contracts but fails to complete the purchase, we shall be paid our commission and any other agreed costs or charges (if possible, from the deposit monies) within 7 days of the contracted completion date. If payment is not made within 7 days of the due date we reserve the right to charge interest at 4% above the then prevailing bank base rate of the National Westminster Bank. If we find it necessary to use solicitors or other parties or institute legal proceedings to recover or release monies due, you agree to pay all costs so incurred.
Unless you instruct us to the contrary, we will erect our “For Sale” board at the property. The Town & Country Planning (Control of Advertisements) (England) Regulations 2007 permit the display of only one sale board.
We must ensure that all publications representing the property are accurate and do not mislead. You therefore agree to inform us immediately if any of our sales particulars, etc. do not conform in this respect, so that we may comply fully with the Consumer Protection Regulations 2008.
The Estate Agents Act 1979 requires us to disclose to any prospective buyer any business or family relationship which you may have with the agent, its employee of the agent or any associated company. You must indicate below whether you are aware of any such relationship or association.
Name of employee -
Relationship or association -
Services to prospective purchasers
We may offer the following services to prospective purchasers and, similarly, our services may be offered to them by another organisation in circumstances where we may financially benefit;
a) Valuation/Survey & Estate Agency Services
b) Provision of Financial Services including mortgages and insurances.
We accept no liability or responsibility for the maintenance or repair of, or for any damage to, the property at any time. If the property is vacant when adverse weather conditions are likely, frost damage may occur to water and heating systems and sanitary appliances. We recommend you take all necessary action to protect your property from such risks and to ensure that the property has adequate insurance cover.
By signing the copy of these Terms, you and we agree that:
a) these Terms and the Application Form (if any) contain all the agreements and understandings between us relating to your property and replace any previous such agreement between us;
b) in accepting these Terms you are not relying on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person relating to your property; and
c) these Terms can only be varied with your and our express agreement which we will put in writing.
If a court decides or the law declares that any part of these Terms may not apply or are invalid the Terms shall continue to apply but as if the invalid or inapplicable part had been deleted from this copy of them.
Money Laundering Act
We are required under the Money Laundering Regulations 2007 to identify you and to verify your identity on the basis of documents evidencing your identity and proof of address. This requirement is absolute. We will ask you for a copy of your passport or similar photographic evidence and a copy of a utility bill or bank statement indicating your current address and which is not more than three months old.
Under the Proceeds of Crime Act 2002 and/or the Money Laundering Regulations 2007 we may be required to make a disclosure for the appropriate government department and may be unable to advise you immediately of such disclosure subject to compliance with such regulations at all times. By agreeing to these Terms, you agree to us taking such steps as it is required to do in order to comply with such regulations.
Limitation of Liability and Indemnity
Nothing in these Terms and Conditions shall exclude or limit the liability of the Agent for death or personal injury, fraud or fraudulent misrepresentation, however the Agent shall not be liable for any direct, indirect or consequential loss or damage suffered by the Client or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured for each claim under the professional indemnity insurance policy held by the Agent in the insurance year in which the Client’s claim is first notified. Details of such indemnity insurance policy can be made available to the Client by the Agent upon written request.
The Client shall indemnify the Agent against all claims, costs and expenses which the Agent may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.
Cancellation of Contract
You may cancel our instructions at the end of the minimum period or after the minimum period by serving on us 14 days’ written notice but we shall remain entitled to our commission and to any other agreed charges or costs as described in these Terms.
If you entered into this agreement otherwise than whilst attending our business premises, you have the right to cancel this agreement within 14 calendar days (‘the cancellation period’) from the day of this agreement the by giving us a notice in writing. If you have requested us to commence providing services set out in the Application Form and this agreement within the cancellation period by ticking the appropriate box in the Application Form then:
(a) if you have made any payment in advance for services that have not been provided, we will refund these amounts to you; and
(b) if you cancel this agreement and we have already started providing services until communication of the notice of cancellation of this agreement to us, you will pay us any costs reasonably incurred in providing the services, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you.
Conflict of Terms
In the event of any conflict between the provisions of these Terms and Conditions and the Application Form, the Application Form shall prevail.