Sales
Terms and Conditions
AGENCY AGREEMENT in accordance with the
ESTATE agents act 1979 and ORDERS
The Estate Agents Act 1979 requires estate agents to provide vendors
with certain information and this is set out below:
THE VENDOR AGREES TO APPOINT THE AGENT ON THE FOLLOWING TERMS OF
BUSINESS. ALL NEGOTIATIONS SHALL BE ENTERED INTO ON A “SUBJECT
TO CONTRACT” BASIS.
1. SOLE AGENCY - You will be liable to pay remuneration
to us, in addition to any other costs or charges agreed if at any
time unconditional contracts for the sale of the property are exchanged
with a purchaser introduced by us during the period of our Sole
Agency, with whom we had negotiations about the property during
that period, or with a purchaser introduced by another Agent during
that period.
(a) We will be appointed sole agents for a period of ………weeks
from the date of this agreement.
(b) The sole agency agreement will continue thereafter unless terminated
by either party on 14 days notice
ADVICE ON AGREEMENTS – Always check the
terms and conditions of the agreement and make sure if you are changing
agents you have given the required notice, failure to do so could
result in being charged by your previous agent. There is a booklet
issued by the Office of Fair Trading entitled “Using an Estate
Agent” which advises you on all aspects buying and selling
including your rights and estate agents obligations.
2. FEES - The vendor agrees to pay fees at a rate
of neg% of the final sale price. Fees are due at
the time that binding contracts are exchanged with a purchaser introduced
by our estate agent during the period of sole agency. If unconditional
contracts for the sale of the property are exchanged after the expiry
of the period of sole agency to a purchaser introduced to you during
that period or with whom we had negotiations during that period
or a purchaser introduced by another agent during our period then
you are still liable for our agreed fees. Fees are due on completion
of the sale and the vendor hereby gives irrevocable authority to
the legal representative/solicitor acting in the sale to pay promptly.
3. Interest may be charged at 3% above NatWest PLC base rate in
force from 10 days after the date due for payment on any unpaid
amount. If you have any difficulty in making payment of our fees
please contact our accounts department immediately.
4. INCLUSIVE SERVICE - The fees cover all aspects
of our marketing, advertising and administration of the proposed
sale of the property including photographs, mailing and correspondence.
Any additional promotional activity required by the vendor, the
costs, nature and payment terms will be agreed first, separately
confirmed in writing and in addition to the agreed fees.
5. FOR SALE BOARD - We are hereby authorised to
erect a For Sale/Sold subject to contact board at the property.
The Town & Country planning regulations permit the display of
a board and we confirm the erection and removal of this board is
included in our fees.
6. SALES PARTICULARS - These are issued to all
intending purchasers and must be accurate and not mislead. If they
contain any error or misleading statement or misdescription we must
be informed immediately. The Property Misdescriptions Act 1991states
that it is an offence to make a false or misleading statement about
the property. Our property particulars are sent to you with a certificate
for you to confirm, to the best of your ability, their accuracy.
If you have any queries, please contact our office immediately.
7. DISCLOSURE OF INTEREST - Under the Estate Agents
Act 1979 the agents are required to disclose any family or business
relationship between vendor and any employee, business associate
including their relatives, or any company of that agent.
8. AVOIDING BIAS - In accordance with the Estate
Agents Act 1979 we will not discriminate against any person under
any section of the Race Relations Act 1976, the Sec Discrimination
Act 1979 and will not favour any potential buyer regardless of their
value to our business.
9. OFFERS - Under the Estate Agency Act 1979 sections
3(1) (d) All offers to purchase the property will be confirmed by
the agent in writing.
10. UNOCCUPIED PROPERTY AND ACCESS - Corniche
Estates cannot accept responsibility for the maintenance or repair
of unoccupied property unless appointed to manage it. If Corniche
hold the keys to the property, authority will be deemed to be given
unless stated in writing for the surveyors and other professional
people to facilitate the sale.
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