Tender Property phone 020 8761 1828
fax 020 8761 1190

421 Beulah Hill
London SE19 3HB
email: enquiries@tenderproperty.co.uk

Terms and Conditions

1.     FEES

Our fees for introducing a purchaser who exchanges contracts are as follows: Sole Agency Fees charged will be 2% of the sale price plus V.A.T at the prevailing rate.

2.     WHEN AGENCY FEES ARE PAYABLE

Our fees become payable when an applicant that we have introduced to the property unconditionally exchanges contracts in the purchase.

3.     PAYMENT OF FEES

At exchange of contracts our account will be sent to the seller’s conveyancer who will pay us from the proceeds of the sale immediately upon completion.  In the event the sale fails to complete our fees remain payable and are usually paid from the deposit taken on exchange of contracts.

 4.     INSTRUCTION AS SOLE AGENTS

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 either with a purchaser introduced by us during the period of our sole agency or with whom we had negotiations about the property during that period or with a purchaser introduced by another agent during that period.

 Our SOLE AGENCY AGREEMENT is for a minimum period of 8 (eight) weeks from the date your instructions are received by us, and will be deemed to continue thereafter.

5.   TERMINATION OF INSTRUCTIONS

Either party may terminate this agreement at the end of the agreed minimum period of instruction or thereafter by serving on the other written notice of termination of at least two weeks.  In the event that you proceed with the sale of the property within six months of the date of termination of instructions to a purchaser with whom we have communicated in relation to the property during our period of instruction our agreed fees will become payable on completion of the sale.

6.   FRUSTRATION OF INSTRUCTIONS

In the event that you frustrate our instruction (for example, but not limited to, not allowing applicant or valuer inspections or unreasonable failure to respond to written communication) you will pay us a fee of £2000 plus VAT immediately upon service of our Notice of Frustration.  Service of our Notice of Frustration will immediately terminate our instruction however you will remain liable to pay the balance of any fees that may arise in accordance with Termination of Instructions.

7.   OPTION AND EXCLUSIVITY AGREEMENTS

In the event that you enter into an Option or Exclusivity or similar type of agreement you agree that the premium paid shall not be less than 1% of the agreed sale price and should the premium be forfeited you will pay us 50% of the forfeited premium regardless of whether further marketing of the property is required.  This payment is deemed to be inclusive of VAT and is to be paid to us within five days of the premium being forfeited.  This payment is in addition to our sale fees.                                                                                                                                                                

8.     MARKETING

The property will be vacant during the marketing period.  The marketing period will last four weeks during which time we will arrange open viewings of the property; weekly advertising of the property in an appropriate local paper; internet advertising of the property.  All marketing and advertising will be agreed at the time of instruction. We will not be liable for any compensation to the seller in the event we are unable to place the advertisements for reasons beyond our control.

We will not be responsible for any loss or damage that may occur during the open viewings or otherwise.  We do not provide security personnel.  It is important that the property is insured to provide cover for third party liability.  You must tell us if the property is not insured.

 9.   ADDITIONAL SERVICES

In addition to Estate Agency Marketing of your property we reserve the right to offer the following additional services which may be provided by third parties to any applicant who expresses an interest in, or subsequently proceeds to complete the purchase of, your property through our agency:

a)         Mortgage advice

b)         The selling and letting of their property

c)         Structural Surveys and related Professional Service

d)         Building Works

e)         Designs Works

 f)         Removals

g)         Conveyancing Services

10.   ADDITIONAL COSTS

It is not our normal policy to charge our clients for general marketing advertising. However, from time to time further additional costs may arise such as additional specific advertising requested by you. This could include advertising in a specific journal, advertising at a specific frequency or with a specific layout.  We will write to you with a fully costed proposal and will only proceed once your written permission has been received.

11.  OFFERS ON YOUR PROPERTY

 We will write to you on receipt of each offer with a copy of the completed offer form.  At the end of the marketing period we will again send you copies of all offers received.

12.   FOR SALE BOARDS

You are advised that under current legislation only one Board, For Sale or Sold Subject To Contract, may be displayed outside your property at any time.

13.  CONFLICT OF INTEREST

 We will advise you immediately we become aware of any relationship (business, personal or family) between ourselves and yourselves that may give rise to a conflict of interests.  Please advise us immediately if you become aware of any relationship (business, personal or family) between yourselves and a partner, member of staff or associates of this agency.

 14. SUB AGENTS

We reserve the right to instruct sub-agents to assist us in the sale of your property.  We will advise you who the sub-agents are.  This will not affect the fee arrangement you have with us.

  15. SURVEYORS & OTHER BUILDING PROFESSIONALS

When a property is under offer it is normal for the Lender's valuer to inspect the property on behalf of the proposed mortgagees.  It is also possible that other qualified persons, such as Woodworm and Damp-proof Surveyors may wish to inspect the property on behalf of the buyer.  Where we hold keys, it is not normal practice to accompany such            professionals during the course of their inspections.

 16. PROPERTY MISDESCRIPTION ACT

Please supply a list of items (if any) which are to be included in the sale.  You must notify us immediately in writing of any additions or deletions to this list.

 17. HOME INFORMATION PACKS

Where a Home Information Pack is required we will arrange for its instruction at the seller's expense unless the seller has made alternative arrangements for its provision.  The contents of the Pack will be available for interested parties to inspect on our web site.

18.   SERVICE OF NOTICES

Our address for Service of Notice is 421 Beulah Hill, London SE19 3HB.  Your address for Service of Notice is that specified as your correspondence address in the signed Instructions to Sell.

 

 

Terms and conditions V3.0



 

 

Terms & Conditions

 

It is important that you read our terms and conditions.