Terms and Conditions
In accordance with:
THE ESTATE AGENTS ACT 1979
THE ESTATE AGENTS (PROVISIONS OF INFORMATION) REGULATIONS 1991
THE ESTATE AGENTS (SPECIFIED OFFENCES) (NO.2) ORDER 1991
THE ESTATE AGENTS (UNDESIRABLE PRACTICES) (NO.2) ORDER 1991
The Estate Agents Act 1979 requires that the Agents Terms of Business are confirmed in writing. NGUHomeSalesOnline’s Terms of Business are set out below to be read in conjunction with the attached Vendors Confirmation of Instruction sheet. The client is required to sign and return this Terms of Business sheet, together with the attached Vendors Confirmation of Instruction sheet.
1.1 Responsibility for payment of commission
The person(s)/company/firm names on the attached Vendors Confirmation of Instruction sheet is/are responsible for the payment of commission unless it is clearly stipulated in writing that a third party is responsible. If this is the case, the name and address of the third party must be given and that party must provide NGUHomeSalesOnline with written confirmation of such an arrangement.
1.2 Types of Agency
NGUHomeSalesOnline will act as Sole Selling Agent or Multi Selling Agent. The terms of Sole Agency are defined in Paragraph 6. When the period of Sole Agency expires, should the client wish to instruct another selling agent(s), written confirmation of this decision must be forwarded to NGUHomeSalesOnline, at which time the commission charge will convert to that of Multi Agency (see Scale of Charges on reverse). Commission will then only become payable to NGUHomeSalesOnline if a purchaser is introduced through themselves.
2.1 Scale of Charges
NGUHomeSalesOnline’s commission will be in accordance with their Scale of Charges, as set out overleaf. The commission is payable for the introduction of a purchaser whether directly or indirectly through a third party.
2.2 The ‘Private’ Purchaser
As soon as NGUHomeSalesOnline has received confirmation of instructions to sell the property, they, as selling agent, must be immediately informed by the client of any approach or offer made directly to the client with regard to their property. The full scale of charges and these terms of business will apply to any such offer except where a special arrangement was agreed in writing at the time our instruction was confirmed.
2.3 Part Exchange
Should the client proceed to sell by way of purchasing any other property in part exchange; including via any builders, NGUHomeSalesOnline’s charges will be based upon the full ‘consideration’ for the property and not on any cash difference. A purchaser in any such arrangement is to be regarded as any other, i.e. all negotiations are to be carried out by NGUHomeSalesOnline with commission to be paid in the usual manner.
2.4 Method of Payment
It is a condition of these terms that the vendor instructs his/her appointed solicitor to settle NGUHomeSalesOnline’s commission account from the completion monies without any deductions.
If the consideration is reduced for reasons of a mortgage being secured on the property (or any other liability or encumbrance), the commission is chargeable on the gross price achieved before any such reduction.
All of NGUHomeSalesOnline’s charges are subject to VAT at the prevailing rate, whether it is stated on the accompanying sheet or not, regardless of the clients domicile.
5. INTEREST ON OUTSTANDING ACCOUNTS
Interest will automatically be charged at 4% over National Westminster Bank’s base rate from the due date of the invoice, should the invoice remain unsettled for more than 7 days.
6. SOLE AGENCY
Our instruction on a Sole Agency basis will be valid for a period of (20) weeks or until such time as NGUHomeSalesOnline receives written confirmation from the client of their intent to withdraw from this contract. The client will be liable to pay remuneration to NGUHomeSalesOnline if, at any time, unconditional contracts for the sale of the property are exchanged with; any purchaser at any time during the period of the Sole Agency; or any person with whom NGUHomeSalesOnline carried out negotiations concerning the property during that Sole Agency period; or with any purchaser introduced to the property by another selling agent during that Sole Agency period, or any builder who takes the property by way of part exchange.
A For Sale board will be erected at the property. This clause may be waived under special circumstances. The Town & Country Planning Regulations permit the display of only one For Sale Board. You hereby confirm that no other board other than that of NGUHomeSalesOnline will be erected. The legal responsibility that only one board is erected lies jointly with the vendor and the agent. Please note that a ‘back to back’ board is permitted. It is important that you are aware that the provision by us of a For Sale board is regarded as an introduction to a purchaser who subsequently exchanges contracts, even if you were previously acquainted with that person.
8. OTHER SERVICES
NGUHomeSalesOnline reserves the right to offer financial and other services to prospective purchasers and may earn a commission if successful in so doing NGUHomeSalesOnline may also act in the sale of your purchasers’ property and earn commission from your purchaser.
9. PROFESSIONAL RELATIONSHIPS
In accordance with the Estate Agents Act 1979, we ask you to inform us if you or any person connected with you works for or is associated with or related to any employee or partner of NGUHomeSalesOnline, or if you yourself are an Estate Agent, in order that such transactions are published so that all parties to any possible transaction are aware of the situation. Are you aware of any such connections? YES/NO
If yes, then please supply us with full written details of any such connections.
The Estate Agents (Undesirable Practices) (No.2) Order 1991 in Schedule 3 (2) states that the vendor must be advised in writing by the agent of all offers received from prospective purchasers.
I/We hereby authorise NGUHomeSalesOnline to confirm that all proposed purchasers viewing/offering on my/our property show either proof of funds or a lender’s agreement in principle document.
I/We hereby confirm that the Terms of Business and Scale of Charges have been duly noted and agreed. In the event of my/our being liable to pay NGUHomeSalesOnline’s commission account in accordance with this contract, I/we irrevocably agree that on the day of completion, my/our appointed solicitor will settle NGUHomeSalesOnline’s commission account from the proceeds of the sale. I/We warrant that any information given by me/us to NGUHomeSalesOnline is true and accurate to my/our best belief and knowledge. I/We agree to check carefully the sales particulars prepared by NGUHomeSalesOnline and to inform NGUHomeSalesOnline immediately should there be any inaccuracies.