Here are our standard terms and conditions. Our fees will be discussed at the time of the valuation.
1. Sole Agency
You will be liable to pay commission to us, in addition to any costs or charges agreed if, at any time, unconditional contracts for the sale of the Property are exchanged with a Buyer that has:
a) been introduced by us during the period of our sole agency; or
b) with whom we have had negotiations about the Property during that period; or
c) been introduced by another agent during that period.
The sole agency period will be for an initial period as stated on page two of this agreement and will continue until either party gives to the other fourteen days notice in writing. Any notice may be served during the period of the sole agency to expire at the end of the agreed period or may be served at any time after the agreed period has come to an end.
The initial period of the sole agency will commence from:
- the first day that marketing is allowed under the Regulations for the provision of an Energy Performance Certificate; and
- when the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Cancellation Regulations”) apply, from the first day after the expiry of the cancellation period, or from the date you request us in writing to begin marketing the Property under this Agreement.
There may be a situation where you are liable to pay two fees including VAT together with any agreed costs and expenses:
- If you sell the Property at a later date to a potential buyer that we have introduced to the property during the term of this sole agency period
- If you have given us sole agency and instruct another agent during the term of this sole agency period
- If a Buyer introduced to you during our period of sole agency or with whom we had negotiations about your Property during this period purchases through another estate agency
We will not have the right to be paid commission, provided that the other agent introduced the buyer six months or more from the date that we were dis-instructed.
Our fee for sole agency is as specified on page two of this agreement. If you do instruct another agent during this sole agency period (with or without informing us) the fee payable by you to us will be the rate payable for a multiple agency in place of the sole agency rate specified on page two of this agreement.
1. Multiple agency
In the case of two or more other agents marketing the property at the same time as us, our commission will be at the rate stated on page two of this agreement.
You will be liable to pay commission to us, in addition to any costs or charges agreed, if at any time unconditional contracts for the sale of the Property are exchanged with a Buyer who was introduced by us during the period of our multiple agency or aBuyer with whom we had negotiations about the Property during that period.
Our agency will continue until the Property is sold or fourteen days after a written notice terminating the agency is given by either party to the other in writing.
3. Joint Sole Agency
In the case of only one other agent marketing the property at the same time as us, the same terms as per multiple agency apply
Our fee for joint agency is as specified on page two of this agreement
Please note if the contract selling price is higher or lower than the price at which the Property is marketed then our commission will be correspondingly higher or lower.
4. Existing Prospective Purchasers
Please notify us of anyone who has shown an interest in purchasing the Property before we start marketing. Unless we have been involved in negotiating directly with this person in relation to the sale, we shall not be entitled to commission if the person purchases the Property.
5. Payment of Fees
Our fees are on a no sale – no fee basis and become payable upon exchange of contracts. Provided that your solicitor has received clear and irrevocable instruction from yourself to proceed with the payment of our fees, we will agree to delay the collection of this payment until completion. Please note that fees remained unpaid for longer than fourteen days after completion of the sale will cause an additional interest charge to become applicable. This interest charge will be calculated at 3.5% above the basic annual rate applied by National Westminster Bank and will be applied to the period starting from the date on which our fees became payable up to the day on which full payment of our fees has been received.
If the Property is part-exchanged with other premises, our fees will be calculated on the full market value of the Property with vacant possession on the day that the exchange takes place.
If more than one person signs this Agreement liability for payment of our fees will be Joint and Several which means that we may apply to either person to pay the full sum owing in fees, costs and any agreed expenses.
6. Withdrawal Fee
If you withdraw your instruction for us to market the Property you may be liable for costs and expenses incurred for photographs and floor plans.
7. For Sale Board
By signing this Agreement, you give us consent to erect a For Sale board at the Property and to arrange the removal of any other agent’s board currently or subsequently displayed without our consent. You must inform us in writing if current bye-laws or any restrictions placed on your Property forbid the erection of a board. We cannot be held liable for any breach of covenants or legislation if we are not informed of any restrictions. If there is a current board from another agent displayed at the Property you must arrange removal before our board can be displayed.
8. Consumer Protection from unfair Trading Regulations 2008
When making any statement about your Property, we must comply with the Consumer Protection from Unfair Trading Regulations 2008. Statements must be factually correct in all communications and we must not give a potential purchaser the wrong impression about the Property to be sold. We will ask you to sign (either in writing or by email) a copy of the property particulars that we prepare to confirm that they are accurate. We will not be able to send out the details of the Property to any prospective buyer until you have signed confirming that the content is accurate. You should be aware that when you sign the details you are giving us written confirmation that all fixtures and fittings included with the Property are in full working order. If that is incorrect you must inform us in writing. If during the marketing of your Property the approved particulars become incorrect due to alterations or for any other reason you must notify us immediately in writing or by email.
We comply with all current legislation and do not discriminate against any person on account of any protected characteristic that they may have. We will disinstruct ourselves from acting for you with immediate effect if you discriminate for any reason.
10. Uses of Information and the Data Protection Act 1998
We will take reasonable steps to protect your personal information. By signing this Agreement, you consent to the lawful processing of personal data by us for the purpose of providing the services under this Agreement. We comply with the Data Protection Act 1998 and take all reasonable steps to prevent any unauthorised access to personal data. The information held by us is confidential and will only be used for the following reasons:
- To disclose details of your Property in marketing literature if we or any sub-agent instructed on our behalf successfully arranges the sale of your Property;
- To refer your details to a debt collection agency or legal adviser if our commission, expenses and other agreed costs are unpaid 14 days after legal completion or within 30 days of exchange if completion does not take place;
- To comply with statute;
- To comply with a request from a government or law enforcement agency;
- To provide personal details to utility suppliers and the local authority upon completion unless requested not to do so by you in writing.
Your information will be electronically retained by us for use in marketing and in other literature after the completion of your sale. If you do not wish your information or your Property details to be used for the marketing of products or services or in our advertising literature after completion of a sale, you must write to us at the address shown at the start of this Agreement.
11. Energy Performance Certificate (“EPC”)
An EPC must be provided to all prospective purchasers when your Property is marketed prior to the first viewing and with any written details. It is a legal requirement for all properties being sold to have an EPC. If required, Sebastian Roche Ltd can arrange for this to be done at a cost of £85 plus VAT (£102 inclusive of VAT). If we are instructed to carry out the EPC, on payment of our fee, the EPC will belong to you. we will send you an invoice and the fee is payable within 7 days.
12. Money Laundering
The Money Laundering Regulations 2007 require us to obtain proof of identity and residence in the form of a passport and a utility bill addressed to you at your current address in the last three months prior to marketing the Property on your behalf. You can either call in at one of our offices or send us original documents which will be copied and then returned to you or copies of the documents which have been certified by a solicitor as genuine.
Current legislation may also require us to make a disclosure of information about you to the relevant government authorities or agencies if certain circumstances arise. We cannot advise you of any request made or inform you of this disclosure.
13.Disclosure of Personal Interest
The Estate Agents Act 1979 requires that we declare to prospective purchasers if you or any of your relations work for, or are associated in business with Sebastian Roche Ltdor any of its employees.
Are you aware of any such relationship?
Yes □ No □
The nature of the relationship is as follows:
14. Complaints Procedure
Should you have any problems with the service received from us which you are unable to resolve with the member of staff who has been acting on our behalf, you should write to :
Mr D Maifredi: 44 Ladywell Road, London, SE13 7UZ or
Mr R Whimperley-Dixon: 61-63 Honor Oak Park, London, SE23 1EA.
The complaint will be acknowledged within three working days of receipt and a full investigation undertaken. A formal written outcome will be sent to you within 14 working days of our acknowledgement to you. This reply will also confirm that you are entitled, if dissatisfied, to refer the matter to The Property Ombudsman to review.
15. The Property Ombudsman
We are a member of The Property Ombudsman and abide by its Code of Practice. We will cooperate with and accept any decision of the Ombudsman in any investigation.
By signing this Agreement you give us consent to provide any information regarding the sale of your Property and how you can be contacted if the Ombudsman asks us to do so. Full details of The Property Ombudsman service are available upon request.
16. Estate Agency Services
We intend to offer prospective purchasers our full range of services as follows:
- estate agency;
- mortgage and financial services;
either directly or indirectly through associated firms for which a commission or fee may be earned by us.
We may assign the rights and obligations under the Agreement providing the rights of the seller are not affected.
18. Appointments and Personal Safety
We will always inform you of an appointment for any prospective buyer to view your Property. If, at anytime, you are approached directly by any person, who has been introduced by us to your Property directly or indirectly as a result of our promotion of it, you should inform us immediately. You should not allow access at that time to that person unless we have contacted you and arranged a mutually convenient appointment. Your safety may be at risk if you do allow access in these circumstances. We will try to check that person is genuine and arrange an appointment if a viewing is required.
We may terminate this Agreement with immediate effect upon giving written notice to you if at any time you (which includes your servants, agents, and any other authorised professional adviser acting on your behalf) provide unreasonable instructions to us, or you fail to provide instructions within a reasonable time of a written request from us, and the effect would be to place us in breach of any obligations under various statutory legislation or codes of practice which may apply from time to time affecting our performance of our obligations under this Agreement, or lead to us or any of our employees discriminating against any party, or you discriminate against or abuse any employee or other person acting on our behalf.
20. Variation of Terms
Any variation of the terms and of this Agreement will only be valid if confirmed to you in writing and signed by a director or duly authorized representative of Sebastian Roche Ltd.
21. Jurisdiction and Service of Notices
The terms of the Agreement will be governed by the laws of England and Wales. Any legal proceedings to be served in respect of this Agreement which are to be served outside the jurisdiction shall be deemed to be sufficiently served if they are sent by ordinary first-class or airmail post or its equivalent and it is agreed that all legal proceedings may be served in English without the necessity for translation into any other language.The provisions for the service of notices are that if either party deliver by hand any Notices or documents which are necessary under the Agreement, or any Act of Parliament to the other party by 5pm or the last known address of the other party; the documents or Notices will be deemed delivered on the next working day which excludes Saturdays Sundays and Bank Holidays; or if any documents or Notices are sent by registered, or recorded delivery post the documents will be deemed delivered upon proof of delivery being obtained; or if the documents or Notices are sent by ordinary first class post addressed to the other party or the last known address of the other party; the documents or Notices will be deemed delivered two working days later, which excludes Saturdays, Sundays and Bank Holidays. The address for service for the Seller will be the contact address specified in this Agreement and the address for service for us will be: Sebastian Roche Ltd, 61-63 Honor Oak Park, London, SE23 1EA.
22. Liability and Instructions
By signing this Agreement you agree to be personally liable to pay all fees specified in this Agreement, agree to accept all the Terms and Conditions contained in this Agreement and will advise us immediately if any aspect of the sales particulars is or becomes incorrect at any point in the future. You also give authority to your solicitor to forward to us any information held by the solicitor which is required to enable us to act on your behalf.
23. Contracts (Rights of Third Parties) Act 1999
This contract does not give any rights to any third party, unless specifically expressed and agreed in writing.The Contracts (Rights of Third Parties) Act 1999 does not apply to this Agreement
“Client” “Seller” “you” or “yours” means the person or legal entity named in the Particulars at the top of the Agreement or their successors in title.
“Agent” “us” “our” or “we” means Sebastian Roche Ltd which is a limited company whose registered office is address is 61-63 Honor Oak Park, London SE23 1EA and the company registration number or their assignees or successors in title
the Buyer” means any person, entity, organization or association introduced by the Agent or with whom we had discussions regarding the Property during the period we are instructed to act on the Seller’s behalf; or any private person or entity introduced direct by the Seller or any third party or with whom discussions were held during the period we were instructed to act on the Seller’s behalf; or any person or entity introduced by another agent during the period we were instructed to act on the Seller’s behalf.
“Property” means the Property the address of which is shown in the Particulars.
“Agreement” means theses Terms and Conditions of Business agreed and signed between you and us.
“Joint and several” means that where the Client forms more than one person or entity then each party will be liable for all commission costs and other outgoings incurred us and as the Client they will be jointly liable for all commission costs and other outgoings incurred by us.
In this Agreement the masculine includes the feminine and the singular includes the plural.
“EPC” means an Energy Performance Certificate which must be provided.
“Cancellation Regulations” means the Consumer Contracts ( information, Cancellation and Additional Charges) Regulations 2013. see legislation
24. Notice of the Right to Cancel
If you sign this contract away from our offices, either following face to face negotiations or if all the negotiations have been by phone or email and you have never dealt face to face with our representative, the following applies:
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 you sign this Agreement.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement sent to us by post, fax or email. You may use the cancellation form on page 2 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.
If you cancel this contract, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
Under the Cancellation Regulations we cannot begin providing you with the service under these terms unless you have requested that we begin the service in writing.