Terms and conditions
Sole Selling Rights & Termination
You will be liable to pay remuneration, in addition to any other costs or charges agreed, in each of the following circumstances:
• if unconditional contracts for the sale of the property are exchanged in the period during which we have sole selling rights, even if the purchaser was not found by us but by another agent or by any other person, including yourself;
• if unconditional contracts for the sale of the property are exchanged after the expiry of the period during which we have sole selling rights but to a purchaser who was introduced to you during that period or with whom we had negotiations about the property during that period
You are liable to pay our agency agreement fee if, within six months of the end of the period during which we have sole selling rights, a memorandum of sale is issued by another agent to a buyer that we have introduced to the property or to you and where a subsequent exchange of contracts takes place in respect of such sale (whenever such exchange takes place). If no other estate agent is involved this time limit extends to 2 years.
A purchaser is deemed to be introduced to the property during the period of the agreement, where that person through our activity learns directly or indirectly about the opportunity to buy the property. This includes but is not limited to persons learning about the property (a) through another person (other than an estate agent) or a marketing medium promoting the property, such as, newspaper advertising, Internet advertising, leaflets or otherwise and (b) directly from you.
Agency Duration & Termination
Our appointment as your agent continues until the expiry of the initial term and from that date will continue automatically until terminated by notice in writing.
Any party may terminate this agency agreement by giving not less than 28 clear days prior written notice to the other, not to take effect before the end of the initial term.
Multiple Agency
Unless you have our written consent, you agree not to appoint any other estate agent during the period of our agency agreement. If in direct breach of our Sole Selling Rights you appoint another agent during our appointment as your agent you will remain liable to pay our fees in the circumstances set out above under the heading “Sole Selling Rights & Termination” but at our standard Multiple Agency rate of 3% + VAT of the gross sale price.
Sale Includes
Any transfer of assets, such as shares in a company, or any other form of transfer which has the effect of moving control of the property to another party is deemed to be a sale of the property for the purposes of this agreement. If no price or only a nominal sale price is stated then the relevant sale price will be the market value at the time of sale.
Disclosure Obligation
If you sell the property privately or through another estate agent you must disclose to us the identity of such purchaser prior to exchange of contracts.
Notice of statutory right to cancel
Only applies if contract NOT concluded/signed in our branch. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you. We will make the reimbursement without
Dual Fee Risk
You may be liable to pay more than one fee to more than one agent if:
• You have previously instructed another agent to sell the same property on a sole agency, joint sole agency or a sole selling rights basis; or
• You instruct another agent during or after the period during which we have sole selling rights.
When Fees are Payable & Interest
Our fees are due and payable on exchange of contracts. However, at our discretion, payment may be made from the sale proceeds received at completion (provided that completion takes place within 3 months of exchange of contracts).
In signing this agency agreement, you hereby authorise your lawyers to make payment to us of our agency fees and any other fees at completion (provided that completion takes place within 3 months of exchange of contracts and if not, payment becomes immediately due after the 3 months).
We reserve the right to charge you interest at the rate of 8% on the outstanding amount of all fees and expenses which have not been paid within 28 days of the relevant invoice date.
Responsibility for Fees
The person(s) signing this agreement is/are responsible for paying our agency fee.
Our Services & Additional Services
When you instruct us we will take prompt steps to prepare the property for marketing by producing a full description with accompanying photography and actively promote the property on our usual websites. We will also assist you by acting as an intermediary between yourself and potential buyers helping you consider offers and managing the sale process on your behalf. If you have requested any additional services these will also be provided.
When you instruct us to provide to you, or arrange for others to provide to you, any additional services, we may receive a fee or commission. We are entitled to retain any such commission or fee received by us in connection with such additional services.
Rights in Photography
All rights to photographs taken of the property by us or any professional photographer appointed by us remain our property or the relevant professional photographer. Should you wish to have any ownership rights in such photographs you will need to agree this specifically and in writing with us.
Security & Keys
You agree that we are not responsible for the security of the property or its contents or the actions of any persons we accompany when showing the property on your behalf or if it is left unoccupied.
Where you provide us with a set of keys to the property to use in connection with the sale and marketing of the property, you agree to us making additional copies at our expense. We ensure that all keys we hold are held using a secure key tag system so that third parties are not able to identify the particular property a set of keys belongs to.
Full Information
You will provide us with full information on the property and, in particular, any details that a normal purchaser would be likely to consider important when deciding to view or purchase the property.
Anti Money Laundering
We are required to comply fully with Money Laundering regulations, which means that we will need to ask you for satisfactory proof of identification and proof of ownership of the property to be marketed. We will not be able to act as your agent if this is not provided. The identification information may be shared with a third party supplier to undertake electronic identity checks.
Privacy
We will deal with your personal information in accordance with all relevant laws and regulations on data protection as detailed in our Privacy Policy. The Privacy Policy is available on our websites or in print from any branch.
We will hold your personal information and that of any applicant who views or offers on the property for a period of 7 years after the completion of the sale of the property or the termination of the agency agreement in line with the record keeping requirements set out in The Property Ombudsman Code of Practice for Residential Estate Agents. We record all telephone calls made to or from our Offices for the purposes of holding evidence of negotiations & agreements within the selling process of the property, the investigation and resolution of complaints and assisting in the monitoring of adherence to quality standards and to identify training needs. We hold telephone call recordings for up to 7 years.
Sub-Agents and Auctions
You authorise us to appoint a sub-agent to assist with the marketing of the property. We will be responsible for the actions of and any fees due to the sub-agent.
Code of Practice, Complaints and Statutory Rights
If you have any queries or questions about the service we are providing to you, you should contact our customer service team.
We maintain and operate an in-house complaints procedure, details of which can be found at our website (see cover).
We are a member of the Property Ombudsman Scheme and comply with The Property Ombudsman Code of Practice details of which can be obtained from www.TPOS.co.uk.
Nothing in this agreement affects, or is intended to affect your statutory rights
Entire Agreement, Variation and Jurisdiction
This contract sets out the entire agreement between us and the seller of the property, replaces all prior agreements, and no amendment or variation to this contract will have any contractual effect unless approved in writing by a registered Director of the business.
The Courts of England and Wales have exclusive jurisdiction to determine any action or proceedings relating to this agreement.
To exercise the right to cancel, you must inform Spicerhaart Estate Agents Limited, Colwyn House, Sheepen Place, Colchester, Essex, CO3 3LD of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form set out below but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for any initial payment unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Tell us about yourself...
This is a standard agreement upon which we intend to rely, so please read it carefully before signing. If you do not understand any part of this document you should, for your own protection, discuss it with us and ask for further information before signing. Connected persons
We must inform potential buyers of the property about any family or business relationship you have with any of our employees or any person working elsewhere in the Spicerhaart Group of Companies.
Please provide details of any such relationship:
Data Protection and Privacy Policy
1. To manage the agreements with you, and to meet the obligations within our terms and conditions, we hold appropriate data to lawfully complete the transaction, including enabling us to confirm your ID, prevent fraud and run our business.
2. All data involved in the property transactions are held and used according to the Codes of Practice of The Property Ombudsman and other parts of UK law. This may include requirements to share your data with credit reference agencies, fraud prevention agencies and other government bodies, regulators and law enforcement agencies.
3. When your data is transferred to third parties and organisations, whether inside or outside the UK, we only share necessary information in a secure way.
4. We hold and use your data predominantly within the UK. Further information is available in the Privacy Policy if you need it.
5. Your data is shared as necessary within the business and with any third parties you’ve asked to act on your behalf.
6. Where you have consented to specific actions, we hold data to fulfil those tasks. Your data may also be used to carry out our legitimate business interests.
You have certain rights when it comes to your personal information including the right to access your data. If you’d like a more detailed explanation on the use of your personal data or details on your rights and who to contact, these are available in branch or online.
By signing this agreement, I/we agree and accept the above statements.
Customer declaration
In order that we can commence marketing the Property at the earliest opportunity, you consent to us immediately commissioning your EPC and taking action to begin marketing the Property before the end of the Cooling Off Period. In doing so you acknowledge that if you exercise your right to cancel under the Cooling Off Rights, you will not be entitled to a refund of any costs we have incurred on your behalf before cancellation.
In accordance with our Privacy Policy and in order to carry out the requested services we may share your personal data with Corelogic U.K. Limited who provide panel management services to Energy Assessor agents and The Charlbury Group Limited who provide panel management services to our panel of conveyancer providers.
If we introduce a purchaser to you before your statutory right to cancel expires (if applicable) or you otherwise terminate this agreement you remain liable to pay our remuneration as set out in our terms and conditions if you go on to enter into unconditional contracts for the sale of the property to that person or other person deemed to be introduced under such terms and conditions.
I/we agree that am/we are personally liable to pay your fee and will instruct my/our solicitors to pay all amounts due under this agreement from the proceeds of sale.
We offer a range of products to assist with your sale
Do you have a preference of a solicitor? Yes No
If yes, Solicitor Name
Conveyancing ONLY
Sale only £78 (inc VAT)
I/We confirm that I/We am/are fully authorised to appoint you as agent and to sell the property; that the information provided is correct; that I/We have carefully read and understand the contract (including the Terms and Conditions on the reverse of this agreement); that I/We am/are personally liable to pay the agency fee and additional fees for other services requested; that the property is not being marketed with any other agent; that the instruction of any previous agent has been validly terminated and that I/We will provide you with a complete list of any potential buyers already introduced to me/us.
Contact Number
Conveyancing + EPC
Sale only & EPC £138 (inc VAT)
These fees are payable immediately and include a non-refundable administration charge which allows us to instruct a solicitor on your behalf. The professional fees for your legal work will then be charged on a no sale, no fee basis. Disbursements will also be charged whether or not we sell your property. Please refer to the detailed terms and conditions for further information.
EPC Only £120 (inc VAT) (Payable immediately) Should you wish to provide your own EPC we must verify a registered EPC provider has produced it.
I wish to provide my own EPC I confirm it is provided by: