The Client (you) instruct All in One Move (us) to offer the property for sale on the following terms:
You will be liable to pay commission to us, in addition to any cost or charges agreed, if at any time unconditional contracts for the sale of the property are exchanged:
agency, or sole selling rights basis, or by a website / portal other than our own, you may have a liability to pay dual fee.
Our Commission With a purchaser introduced by us during the period of our Sole Agency or with whom we had negotiations about the property during that period
With a purchaser introduced by another agent or by a website/portal other than our own during that period
If a Sole Agency is agreed it shall last for the period stated on the agreement overleaf. At the expiry of that period we will continue to act on a Sole Agency basis until you give us written notice converting this agreement to a Multiple Agency or the agreement is terminated by 14 days written notice. The 14 days written notice can be given to end at the expiry of the Sole Agency period.
If another agent is instructed, or where a website/portal other than our own is used during our Sole Agency, and if at any time unconditional contracts for the sale of the property are exchanged with a purchaser introduced by us during the period of Sole Agency, then you will be liable to pay Multi Agency Commission Fee as agreed overleaf.
You will be liable to pay commission to us, in additional to any other costs or charges agreed, if at any time unconditional contracts for the sale of the property are exchanged with a purchaser introduced by us during the period our Multiple Agency or with whom we had discussions or negotiations about the property during that period.
You confirm that no introduction of a prospective purchaser for the property has been made already.
Notice is hereby given that if prior to this agreement the property was marketed by another agent on a sole or joint agency, or sole selling rights basis, or by a website / portal other than our own, you may have a liability to pay a dual fee.
Our commission will be either:
The fixed fee plus Vat or,
A percentage of the eventual selling price (subject to a minimum fee) as stated in the agreement plus Vat.
When charges are Payable
Our fees become liable for payment on exchange of contract. You will authorise your conveyancer to pay out of the proceeds of the sale our agreed commission plus VAT.
If you cancel the agency agreement at any time or if you withdraw your instructions to us at any time, a withdrawal fee of £176.25 will be payable by you to us in consideration of the activity undertaken by us on your behalf.
Following the termination of our agreement, if a purchaser introduced by us goes on to buy the property, our fee is payable unless the purchaser introduced by us goes on to buy the property through another agency 6 (six) months after termination.
Cancelling the Agreement
If this agreement is made in your home or place of work in the presence of one of our staff, you have the right to cancel the agency agreement before the end of seven calendar days from the date of this agreement (Cooling Off Period) and you may validly serve on us a notice of cancellation.
You have requested that we commence work immediately on your behalf, and in the event of your cancellation before the end of the cooling off period, you will be required to pay a fee of £176.25 in total for the time and costs incurred in attending your property and undertaking other activity on your behalf. In addition, if we preparing a Home Information Pack on your property, you will be liable for the time and costs incurred, in accordance with the terms of the agreement for the Home Information Pack.
If we introduce a buyer (directly or indirectly) before the end of the cooling of period when you have within the cooling of period exercised your right to cancel the agency agreement, you will be liable to pay our agreed selling fee.
DUAL FEE WARNING - Please remember if you have instructed another agent to sell your property on a Sole Agency/Sole Selling Rights basis, or if you have used a website / portal other than our own, you may be liable to pay their fee as well as ours.
We will fully observe the provisions of the Estate Agents Act 1979, the property Misdescriptions Act 1991 and any other relevant legislation.
Home Information Pack (HIP)
The requirement for a property to have a HIP is defined by the Housing Act 2004 and the Home Information Pack (No. 2) Regulations 2007 (HIP Regulations). If your property is not currently exempt from the requirement to have a HIP, then the HIP must be commissioned in accordance with the HIP Regulations prior to the commencement of the marketing. You cannot order a HIP unless there is a signed agency agreement with us.
The HIP will be made available to potential buyers provided any buyer is genuinely interested in buying similar to yours; is likely to have sufficient means to buy your property; and is not a person to whom you do not wish to sell reference to any factors agreed with you
In order to market your property without delay, we will begin to market and we may provide a HIP to potential buyer before you have seen the HIP
Where you or a third party provide the HIP or Energy Performance Certificate (EPC), where applicable, to us, we must be satisfied that it meets the stringent requirements set out in the HIP Regulations, and in particular, we must have a valid HIP in our possession or under our control. In order to ensure that these requirements are satisfied, we may submit the HIP to a third party for validation, at no cost to you, which may delay the commencement of marketing. You confirm and warrant the HIP and EPC complies with the HIP regulations. You also confirm and warrant that you may transfer the HIP and EPC to us and that we may reproduce it in all cases without breaching another's ownership or interests. You agree to indemnify All in One Move as a result of breaching another's ownership or interests if All in One Move suffers loss. Further, while All in One Move will use reasonable endeavours to validate a HIP and EPC provided by a third party, you will indemnify and hold harmless All in One Move if the information in the HIP or EPC is incorrect, inaccurate or misleading and as a result All in One Move suffers a loss.
Data Protection Act 1998
We will act as a Data Controller relevant to the details that you have provided during the house sale/purchase. Where we pass details on your behalf to carefully selected companies who may provide related products or services, we will act as Data Processor.
If you prefer not to receive further information from us or do not wish to have your details shared with other such companies, please write to our Data Protection Officer at our registered office.
The Ombudsman for Estate Agents Scheme (OEA)
We are a member of the OEA and abide by the OEA Code of Practice (a copy of the consumer guide can be provided on request). You agree that we may disclose information relating to the sales of your property to the Ombudsman if you have registered a complaint and he asks for it. You also agree that we may disclose your contact details to OEA Limited if is asks for them, to assist in their monitoring of our compliance with the Code of practice.