TERMS AND CONDITIONS – Standard Marketing Agreement
1.1 You appoint us and we agree to provide the marketing Services set out in clause 2 (subject to your payment of the
Fees) from the date on which you sign the Particulars until the earliest of:-
(a) You giving us not less than one week’s notice to stop marketing the Property at any time before unconditional exchange of contracts for the sale of the Property;
(b) Completion of the sale of the Property; and
(c) Us giving you not less than one week’s notice to terminate the Contract at any time after the expiry of one year from its date, at which time the Contract between you and us will terminate.
(d) The terms on which you appoint us and we agree to market the Property are set out these terms and in the
Particulars. If and to the extent that the Particulars contradict these terms, the Particulars apply.
1.2 The Particulars specify what Fees will be refunded to you and what Fees and expenses will be due to us if either you or we terminate the Contract after the Cancellation Period.
1.3 If you terminate the Contract and we have (or have had at an earlier time during the Contract) sole agency rights, we will be entitled to further Fees in the circumstances outlined in the Particulars.
1.4 The Option chosen cannot be changed during the term of the Contract.
1.5 In addition to the definitions contained in the Particulars, the following words have the following meanings:-
Potential buyer any person(s) who may be interested in purchasing the Property including those who do not view the
Property and/or make an offer as well as those who view the Property and/or make an offer.
Buyer any person(s) whose offer to purchase the Property you have accepted, subject to contract and any
Person (s) who exchange unconditional contracts to purchase the Property.
Offer an offer to purchase the Property, whether made at the asking price or otherwise, subject to contract.
The information about your Property including description, location, dimensions, photographs and other relevant information which we will publish when marketing your Property.
2 The Agency Services
2.1 Property Information
(a) We will visit the Property at a time agreed with you in order to take interior and exterior photographs and measurements of the Property and to get additional information from you relating to the Property (the Inspection).
Following the Inspection, we will prepare Property Information as soon as reasonably possible. We are required by law to ensure that the Property Information includes certain information such as the asking price and the number and size of rooms in the Property. After the Inspection, we may need to ask you further questions to ensure we are able to comply with this requirement.
(b) Once we have prepared the Property Information, we will email it to you to check. We cannot begin to market the
Property until you have confirmed in writing that the Property Information is correct. By law, we must not publish information about the Property which is false or misleading so if the Property Information is inaccurate or misleading
GH/Your Sold/Terms & Conditions – Sale Agency V6 18/03/2016 in any way, you must tell us. An example might be that we may have noted that the Property has allocated parking but you may tell us that there is no strict legal right to this. This is information which should be made known to potential buyers.
2.2 Asking Price
(a) Following the Inspection, we will take instructions from you, and can advise where necessary, regarding the asking price for the Property. When offering our opinion on asking price, we will take into consideration local market data and information we receive during the Inspection. We will confirm the asking price at the appointment with you. If this is not confirmed, then this must be confirmed when returning the Property Information and before we commence marketing.
(b) During the term of the Contract, we may contact you to recommend that the asking price should be revised due to market conditions and/or the level of interest in the Property.
2.3 Marketing Techniques
(a) We will market the Property in the UK by advertising it on our own website and on such other UK based internet property portals and mobile platforms as are available and we reasonably consider appropriate. A full list of the internet property portals we advertise through on the date of this contract is set out on our website. This is subject to change but we will make all reasonable efforts to maintain a similar level of market coverage.
(b) We use reasonable endeavours to make our website available on a continuous basis and we will make reasonable efforts to rectify faults or problems to restore our website to full operation or capacity as soon as reasonable practicable where the website is wholly or partially inoperative for reasons within our control. Not all faults and problems are within our control and from time to time our website may be completely or partially inoperative or unavailable due to mechanical breakdown, maintenance, hardware or software upgrades, telecommunications, connectivity problems or other factors beyond our reasonable control.
(c) From time to time, we may restrict access to some parts of our website to users (including both potential buyers and sellers) who have registered with us.
(d) When we market your Property by submitting it to third party internet property portals, we are bound by their terms and conditions. We cannot control aspects of their operation such as their speed of upload of Property Information, availability, accessibility, changes to navigation made, or otherwise.
(e) Where an internet property portal offers access to property listing services on mobile platforms, we cannot guarantee that it has appropriate mobile platforms for all mobile phone operating systems or that they are updated regularly to run with new versions of mobile operating systems and models of mobile phones and tablets.
(f) The advertisement of your Property on our website will not contain any external links to other websites such as
YouTube or Twitter or any other personal websites.
(g) Any accounts we hold with social and/or business networking sites such as Twitter and Facebook and any blogs and similar activities we carry on are operated for the purpose of developing our business. We are not obliged to post information about the Property anywhere other than our own website and the UK based internet property portals and mobile platforms referred to in clause 2.3(a).
We will contact you promptly to arrange viewings of the Property. Following each viewing, we will request feedback from the potential buyer.
2.5 Tracking your Sale
Your Sales negotiator will be available at any time via phone or email to provide you with updates on the sale of your property.
(a) If we receive an offer for your Property (including an offer made after you have accepted another offer but before contracts are exchanged), we will promptly forward the details of it to you, including any information which we have relating to the potential buyer which may be relevant to their offer (for example, whether they have an offer in principle for a mortgage).
(b) Unless you tell us that you do not wish us to pass on certain types of offers, we will pass on all offers we receive for your Property. Examples of types of offer you might wish to exclude could be offers from first time buyers, buyers in chains or buy-to-let buyers.
2.7 Between acceptance of an offer and completion of your sale:-
(a) We will monitor the progress of your conveyancing process;
(b) We will monitor the progress of your buyer’s finance arrangements, including any mortgage application needed to fund the purchase of the Property and any connected sale of the buyer’s own property;
(c) We will provide reasonable assistance in the conveyancing process, when requested to by you or your conveyancer;
(d) We will report information to you which we consider helpful to bring the sale to completion.
2.8 Period of Marketing
(a) We will market the property continuously for a maximum period of 12 months
(b) If the property is withdrawn during this time by either party, then you will need to pay another upfront fee
(c) If the property is sold, subject to contract and is advertised as such, but a sale falls through, then we will remarket the property without charge, as long as it still falls within the 12 month marketing period
(d) Should you refuse to accept viewings for any reason, then we reserve the right to withdraw the property without refund. One example of a reason to refuse viewings may be as a result of accepting an offer through another agent
3 Your Obligations
3.1 You agree that any information you give us relating to the Property and any personal information (including financial information) which you give us is accurate and complete. If any information included in the Property Information changes or you become aware of an inaccuracy after you have approved the Property Information, you must tell us immediately, for example if planning permission is granted over a neighbouring property or a service charge increases.
3.2 Before your Property can be marketed, you must order an Energy Performance Certificate (EPC). If you do not order an EPC before asking us to market the Property, we cannot be responsible for any delay in marketing the
Property until you have obtained the EPC.
3.3 You will not do anything which would or might have the effect of manipulating the sale price of the Property (for example by clicking multiple times on the Property details listed on our website or on an internet property portal).
3.4 You must tell us immediately if you are approached by a potential buyer directly and/or if a potential buyer makes an offer to you directly.
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3.5 You must not put up your own For Sale board or any advertisement of its sale on or near the Property. In particular, you must not put up any advertisement which contains our name, logo or any of the slogans we use on our For Sale boards unless it is an Official Your Sold board purchased from us in accordance with these Terms. If the Particulars state that we have sole agency rights, you must not put a For Sale board advertising another estate agency at the
Property during the period of our sole agency.
3.6 Should you refuse to allow potential buyers to view your property for any reason for an extended period of time, or if you have accepted an offer on the property, then we reserve the right to withdraw the property without refund,
Should this happen, and you wish to re-market the property, then you will have to pay the upfront fee again and begin a new contract.
4 Our Relationship with Potential Buyers and Buyers
Although we do not always have a contractual relationship with potential buyers and buyers, we do have legal obligations to them.
4.1 If you ask us to continue to market your Property after you have accepted an offer, we are required to tell your buyer that you have instructed us to do so and if, you accept another offer in these circumstances, we must promptly tell your original buyer that you have done so.
4.2 If you have accepted an offer, we are obliged to tell any potential buyer who contacts us to arrange a viewing that this is the case.
4.3 If you receive an offer and decide not to accept or reject it at that time, we are obliged to keep that person informed of other offers but will not tell them the amount of those other offers.
4.4 Although we may tell potential buyers about the existence of other offers, we will not tell them the value of those other offers without your express permission. However, you should note that if you give us permission to tell one person the value of another offer, we become obliged to tell all potential buyers who have made offers about the other offers which have been made for the Property and must not mislead any of them.
4.5 If a potential buyer or your buyer brings new information to light, for example a negative survey, before withdrawing an offer on the Property, we are obliged to revise your Property Information if it is material information which should be disclosed to potential buyers.
4.6 We will offer potential buyers, and your buyer, surveying, financial, investment, insurance, conveyancing or other services or those of an associate or person connected to us.
5.1 You agree that you will pay the Fees at the rate(s) and at the time(s) specified in the Particulars.
5.2 If the Particulars state that part of the Fees are payable by you before completion, that part will be the amount specified in the Particulars and must be paid before we begin performing the Agency Services.
5.3 VAT is payable on the Fees at the prevailing rate (and any charges for Additional Services). All fees on the website are stated as inclusive of VAT. The prevailing rate at the time of this Contract is specified in the Particulars.
5.4 Where the Particulars state that Fees must be paid on completion, they must be paid to us out of the completion monies relating to the Property and you agree that you will instruct your conveyancer to pay the outstanding Fees to
GH/Your Sold/Terms & Conditions – Sale Agency V6 18/03/2016 us immediately after completion of the sale of the Property on the completion date. If there will be insufficient funds available after repayment of your mortgage and any other essential expenses, it is your responsibility to provide your conveyancer with sufficient funds to pay our Fees on the completion date. If your conveyancer fails to make this payment to us, you agree that you will pay the outstanding Fees to us on the completion date.
5.5 If our Fees are not paid in full within 10 days of the completion date, you will pay us interest of 2% over the base interest rate of National Westminster Bank Plc on the whole of the unpaid sum from the completion date until you pay us the outstanding sum. If we issue court proceedings against you to recover the unpaid amount, interest will continue to accrue up to judgement and after judgement for as long as the sum remains unpaid.
6 Additional Services
The services referred to in this clause are not included within the Agency Services. We are only required to provide the Additional Services specified in the Particulars but we may agree to provide further services if you ask us to do so during the course of the Contract. Payment for Additional Services must be made in advance.
6.1 For Sale Board
(a) If the Particulars include the provision of a for sale board, without installation by us, then we will provide you with the for sale board when we make the Inspection. Once we have delivered the board, it will be your responsibility to install it safely and in an appropriate place, without causing damage to your property or that of another person.
(b) If the Particulars state that we will install the for sale board for you, we will do so as soon as reasonably possible after the Inspection and accept liability for any claim arising under the Town and Country Planning (Control of
Advertisements) Regulations 2007 which arises out of our installation of the board.
(c) You will also be responsible for removing and disposing of the for sale board, whether it was installed by you or by us.
(d) If the Particulars do not include a For Sale board and you ask us to provide one during the course of the Contract, the fee for the For Sale board will be ￡18.00 more than the standard price of the board. This ￡18.00 charge is a postage and packaging charge for delivery of the For Sale board.
Our progression team will give regular updates to the progression of the sale when a buyer is found.
Your dedicated sales progression manager will be available to give updates on your sale anytime via phone or email.
6.3 Dedicated Account Manager
You will be assigned a specific individual at Your Sold.co.uk as your account manager that you will be able to contact for further advice and support. Head office will still deal with general items such as arranging viewings, gathering feedback and negotiating offers. If you accept an offer on the property, then your account manager may change.
Should your specific account manager be on annual leave, or leave the company, then you will be assigned another account manager for that period of time.
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6.4 Rightmove & Zoopla ‘Premium’ Display
We will arrange for the Property to be listed as a ‘Premium’ property on www.rightmove.co.uk and www.zoopla.co.uk when we upload your Property Information to Rightmove & Zoopla. This is done manually on the next working day.
Should the property sell within the 12 month period, then no refund, either in part, or in full, is due.
6.5 Viewings Package
An additional viewings package can be purchased for £300+ vat, this package will include a maximum of 25 accompanied viewings for your property.
6.7 Other excluded services
Unless the Particulars specify otherwise (and subject to payment of our additional fees and any associated expenses if they do):
(a) We only will market your Property through the internet and not through print newspapers.
(b) We do not operate a “shop front” and offer no walk in service in order to enable potential buyers to collect hard copy property information. This is a key part of our business model.
(d) We do not collect deposits from potential buyers at the time of making an offer or otherwise.
7 Regulatory Matters
7.1 Although we are not members of the National Association of Estate Agents, we still comply with its Rules of
7.2 We are a member of the TPO voluntary scheme and comply with the Code of Practice for Residential Estate Agents.
In accordance with the Code of Practice, we maintain and operate a complaints procedure which we will provide to you on request. If we are unable to resolve a complaint to your satisfaction, you are entitled to refer your complaint to the Property Ombudsman in certain circumstances. We will provide you with details of how to refer a matter to the Ombudsman following the conclusion of our internal investigation.
7.3 Although our duty of care is to you, if your interests conflict with the law, we must comply with the law.
7.4 If we become aware of a conflict of interest, we will disclose this fact to you at the earliest opportunity.
7.5 We comply with all laws relating to residential estate agencies such as the Estate Agents Act 1979, the Money
Laundering Regulations 2007, the Data Protection Act 1998, the Unfair Terms and Consumer Contracts Regulations
1999, the Housing Act 2004, the Consumers Estate Agents and Redress Act 2007, the Consumer Protection from
Unfair Trading Regulations 2008, the Cancellation of Contracts made in a consumer’s home or place of work etc.
Regulations 2008, the consumer protection regulations, and all other current and relevant legislation. In many cases, our compliance is for your protection but in some circumstances it is for the protection of potential buyers and buyers. We may also be contractually obliged to comply with all relevant legislation by the internet property portals we are members of.
7.6 We treat all sellers, buyers and potential buyers equally regardless of their race religious belief gender sexuality age disability or nationality. We will not agree to be in any plan or arrangement to discriminate against a person or people because of their race religious belief gender sexuality age disability or nationality. We cannot follow any instructions to the extent that they conflict with this commitment.
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7.7 By signing the Particulars, you agree to our holding, processing and disclosing personal data of yours (including any details or photographs of the Property and any sale agreed) for any reason connected with the marketing of the
Property or negotiations in respect of its proposed sale, in our own marketing or advertising campaigns, to other agents for the purpose of comparing property sale prices or for any other purpose permitted by law, both during and after the termination of the Contract.
7.8 Money Laundering Compliance
(a) We are required by law to obtain satisfactory evidence of your identity (which can include people who are related to you). This is because criminals who want to launder money may use estate agents who handle and deal with money and property on behalf of our clients.
(b) To comply with our duties, we must have the evidence of your identity as soon as possible. If the letter accompanying these terms and conditions does not state that you have provided satisfactory evidence of your identity, please could you complete our ‘Client Identification Form’. Also please supply the original of the documents listed in the Form.
(c) In most cases, identification evidence will consist of the following two documents:
(i) Your current valid passport; and
(ii) A document (such as a utility bill or a bank statement) that shows your name and your current residential
Address and is dated no more than three months before the date on which we ask for the evidence of your
If you are a company or other type of organisation, each individual who will deal with us on your behalf (such as a director, a manager or an employee) must also complete our Form and provide evidence of their identity.
(d) If you cannot supply the documents listed in clause 7.8(c), please contact us to discuss alternative ways that youcan be identified.
(e) In some cases, we may need to carry out checks or make searches with third parties to identify you properly. If we do so, we will make a charge of ￡10. This is an additional charge and is not included within any other Fees you pay us.
(f) Where you cannot provide satisfactory evidence of your identity, we may not be able to act for you; and/or receive any money from you; and/or pay any money to you or to a third party on your behalf.
7.9 In certain circumstances, we may have a duty under the law to make a disclosure about your affairs to the
Serious Organised Crime Agency. This duty to make a disclosure will be triggered when we suspect or know that a transaction may involve money laundering or terrorist financing. If we do make a disclosure to the
Serious Organised Crime Agency in connection with your matter, this is likely to mean that:
(a) We cannot tell you that a disclosure has been made;
(b) We must stop working on your matter for a period of time; and
(c) We cannot tell you why we have stopped working on your matter.
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PARTICULARS OF CONTRACT FOR MARKETING SERVICES
CONTRACT & CANCELLATION
A LEGAL CONTRACT BETWEEN US WILL BEGIN WHEN YOU MAKE ANY INITIAL PAYMENT. BY DOING SO, YOU
CONFIRM THAT YOU AGREE TO THE ANNEXED STANDARD TERMS AND CONDITIONS (“THE TERMS”), WHICH
APPLY TO THE CONTRACT BETWEEN YOU AND US. PLEASE ENSURE THAT YOU HAVE READ AND
UNDERSTOOD THE TERMS.
UNLESS WE HAVE ALREADY PERFORMED AGENCY SERVICES FOR YOU AT THE TIME OF YOUR NOTICE,
YOU MAY CANCEL THE CONTRACT BY GIVING US NOTICE OF YOUR INTENTION TO DO SO NO LATER THAN
14 DAYS AFTER YOU MAKE THE INITIAL PAYMENT (‘THE CANCELLATION PERIOD’). IF YOU CANCEL BEFORE WE
HAVE PERFORMED ANY MARKETING SERVICES, WE WILL REFUND ANY PAYMENT YOU HAVE MADE TO US.
PLEASE INFORM US IN WRITING / EMAIL IF WISH TO CANCEL THE CONTRACT.
ONCE WE START PROVIDING THE SERVICES, YOU LOSE YOUR RIGHT TO CANCEL THE CONTRACT,
ALTHOUGH YOU WILL STILL BE ABLE TO TERMINATE IT (SEE CLAUSE 1 OF THE TERMS).
Note: By law, you must have ordered an EPC (Energy performance certificate) before we are able to start marketing your
Property. We can provide an EPC for just £69.00 by following the links through from our website OR CALL 02078014141
Additional Services & individual price of them
Yes / No £99.00 Dedicated Account Manager
Yes / No £79.00 360×360 Panoramic Virtual Tour
Yes / No £99.00 Premium Display – Rightmove & Zoopla
Yes / No £69.00 EPC (Energy performance certificate)
Is there a personal association between us and you?
Note: If you are aware of a personal association, (including an association between you and any of our employees or any business with whom we are associated (ie. a relative or friend) please tell us to enable us to comply with our Code of Practice
Fees to be paid or reimbursed on termination (unless you terminate as a result of our breach of contract)
If the Contract terminates before a ready willing and able buyer is found and you have made a payment to us in advance
We will be entitled to retain a fair and reasonable amount having regard to any actual Agency Services we have performed and expenses we have incurred in the performance of them. If we have prepared the Property Information, advised you on the asking price and marketed the Property in accordance with clause 2.3, this will be the whole of the advance payment you have made to us. If we have visited the property, taken photos, measured up, but not yet uploaded the property to the website, then 50% of any upfront fee will be returned to you
If we have visited the property but are not allowed access to the property, then 75% of any upfront fee will be returned to you if the Contract terminates before a ready willing and able buyer is found and you have not made a payment to us in advance
There is nothing for you to pay.
Explanatory Notes and Definitions:
Completion The point at which legal transfer of ownership of the Property passes from you to your buyer
Completion Date The date on which Completion takes place
Introduce or introduced
When we say that a buyer or potential buyer was introduced by us, this includes persons who are indirectly introduced by seeing the Property advertised on our website or mobile platform or on an internet property portal or mobile platform and persons who see a For Sale notice at the
READY, WILLING & ABLE BUYER
A buyer is a “ready, willing and able” buyer if he is prepared and is able to exchange unconditional contracts for the purchase of your Property.
WARNING – SOLE AGENCY RIGHTS AND SOLE SELLING RIGHTS
You may become liable to pay commission to more than one agent if: you have already instructed another agent to sell the Property on a sole agency, joint sole agency, multiple agency or sole selling rights basis; or if you instruct another agent during or after the period of our sole agency or sole selling rights.
If you are concerned about this, please contact the other agent to check what terms apply to your contract with them.
For and on behalf of Your Sold Trading as Sell Simple Estate Agency Ltd