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