AGENCY AGREEMENT FOR SALES
It is a requirement of the Estate Agency Act of 1979 that you understand and accept our Terms and Conditions prior to instructing Anthony Allen Estate Agent Limited on the sale of your property. Please read the terms and confirm your acceptance of these terms and conditions by filling in the details below and signing and dating where appropriate.
We are obliged to disclose accurate information about the property to prospective buyers and other interested parties. You will ensure that all information that you provide to us about the property and yourself as owner/s / vendor is correct and true to the best of your knowledge and that you do not omit any relevant information about the property and yourself.
On instruction, Anthony Allen Estate Agent will prepare the property details and market your property prospective buyers/ applicants once terms and conditions are signed by owners /vendor/s. Under the property Misdescriptions Act 1991, anything the Agent says or publishes about the property, as client/s representative must not be false or misleading. It is very important that the client/s read these details carefully and immediately informs the Agent if there is anything that the client/s think the Agent should have included or that is inaccurate.
The Agent will seek permission to erect a FOR SALE BOARD at the property to assist with marketing of the property. Any such board will comply with Town & Country Planning (Control of Advertisement) Regulations 1992 as amended. The client/s consent that the Agent may erect a for sale board at the property. The Agent accepts liability for any claim arising under these regulations in connection with the board unless the action arises as a result of a further board being added by another agent. The for sale board and fixings will remain the property of the Agent and may not be used by another agent unless permission is granted by the agent.
By law, The Agent must declare whether there is a personal interest in the sale of the property. To assist the Agent to fulfil this obligation, the client/s are asked to indicate any personal association with the Agent of which the client/s are aware. If the client/s is, or thinks they may be, a close relative or a friend, or have any business interests with anyone involved with the Agent, the client should let the Agent know immediately.
Either party can terminate this agreement by giving fourteen days notice to the other in writing. The required fourteen days notice to terminate may be given at any time after the end of the minimum period and will start from the date either received by or issued by the Agent. We may with your consent appoint from time to time one or more sub agents in relation to the sale of the property. We reserve the right to cancel this agreement after a minimum of Three months of marketing at our sole discretion.
Unless you have instructed us to obtain an EPC (Energy Performance Certificate) on your behalf, you will provide us with a compliant EPC before we market the property. Where we have NOT received a compliant EPC, we will not be able to market the property. In accordance with the Money Laundering Regulations (2007) we are required to confirm the identity of all seller(s) of the property including beneficial owners. We are also required to keep a record of the evidence we have verified. If for any reason we are unable to confirm your identity in the course of establishing a business relationship with you, we reserve the right to withdraw the property for sale until formal proof of identity is received. Proof of ownership will also be required as part of Government’s regulation.
Access to the property for accompanied viewing appointments must be given to the Agent by the client/s. If the Agent holds keys to the property, any viewings carried out by the Agent will be on an accompanied basis, unless the Agent and client/s agree otherwise. If the Agent is arranging for someone to view an occupied property, the Agent must agree arrangements with the occupier beforehand. It is the Agents usual practice to release keys to certain professionals who require access, such as surveyors acting on behalf of a purchaser. In order to avoid delaying the sale, once the Agent has established their identity and the client/s agree, they are permitted to inspect the property unaccompanied. Please advise the Agent immediately if this is not acceptable to the client/s. The Agent will continue to seek the client’s permission to allow unaccompanied visits by any other third parties such as trades people or representatives of any utility companies.
The Agent will promptly forward details in writing of all offers received from potential purchasers at any time up until contracts have been exchanged, unless the offer is of an amount or type which the client/s have specifically instructed the Agent, in writing, not to pass on. A written or computerised record of all offers will be kept (including the date and time such offers the Agent received and the client/s response). This record will be available to the client/s on request. In turn, the client/s must promptly inform the Agent of all enquiries and discussions the client/s may have with prospective purchasers which are made without the knowledge of the Agent.
In the event of a buyer being introduced to the property by Anthony Allen Estate Agent and subsequently entering into a binding contract to purchase the property, Anthony Allen Estate Agent will be entitled/liable to a final commission or completion payment as agreed. The commission is to be paid within 10 days of the completion date. In an event that commission remains unpaid after 10 days of completion, the sum shall bear daily interest of 2% above the National Westminster Bank Plc base rate and will be charged to seller. In an event of a court action being taken and solicitors are instructed to recover fess, you will be required to pay expenses incurred by us in pursuing the debt.
