Terms & Conditions
We set out below various points including our terms and conditions of business, fees and marketing proposals. You may be aware the Estate Agents Act 1979 has had additional orders and regulations made under it and Estate Agents are required by law to set out clearly all details in writing concerning fees and applicable terms of business and conditions for the mutual best interest of both Client and Agent.
We would recommend quoting an asking Price (to be advised) subject to contract and if applicable may include carpets, curtains, kitchen equipment and standard light fittings, alternatively these may be subject to separate negotiation. We would also recommend that offers in excess of (to be advised) should be given serious consideration depending upon the ability of the prospective purchaser to enter into an early exchange of contracts. The quoted Price Guide is the price agreed between you and ourselves. It is not intended as a formal valuation and should not be relied upon as such. No liability is given to any third party and the figures are given purely as guidance before sale.
We require confirmation that you are entitled to dispose of the property and to instruct us in this matter. You must let us know if anyone else has any legal claim on the property and if in doubt, perhaps you would be kind enough to check with your solicitor as for legal reasons, we do have to be aware of this fact.
3. Information Relating to the Property
We ask you to provide and confirm various details relating to the property.. With your agreement we will contact your solicitor, if necessary, for confirmation of any points that are not clear from the outset.
The property is held Freehold / Leasehold
(b) Vacant Possession
You will be able to offer vacant possession of the property on completion.
(c) Boundary Plans
The preparation of plans for sales or conveyance purposes do not form any part of the commission structure. If such plans are required, we would be able to prepare appropriate plans as a separate instruction at your expense.
We believe it is vital when marketing a property to prepare quality particulars with large clear colour photographs and floor plans which will promote your home to its best advantage.
Smith Woolley Sales Team
Members of our Agency Sales team who would be involved in the day-to-day marketing of your property are Sally Jinks and Emma Peall.
We produce printed particulars. From experience, we believe that well prepared particulars are an effective marketing tool, which should ensure that potential purchasers would inspect your property in preference to others. The cost of colour printing and floor plans are included in our commission, unless otherwise stated.
Smith Woolley has extensive mailing lists stored on a well-proven agency computer system enabling prospective purchasers to be contacted immediately selling instructions are confirmed. The agency computer system enables the administration of viewings to be followed up quickly and simply so that we can report back to you the comments, offers etc. of potential purchasers i.e. particulars with colour prints can be prepared and mailed within an hour of your confirmation of instructions. An increasing number of our applicants request, and are sent, full particulars with photographs over the Internet.
Upon confirmation of your instructions, we would like to have details of your solicitor so that we can ask him/her to obtain the Deeds with a view to drawing up a draft contract so as to avoid delays when a potential purchaser is found. We would also request that, as per our conditions of business, you authorise payment of our account by your solicitor.
As your agents with sole selling rights our fees will be based on (to be advised after inspection of the property) of the quoted asking price plus Value Added Tax. However, if the agreed sale price is slightly less than the quoted asking price the fee will then be reduced in proportion. The definition of sale price will include any fixtures, fittings and carpets that feature within the gross sale price. Our initial period of sole agency would be for 12 weeks from the date of signed confirmation instructions received at this office, and thereafter by mutual agreement as required, subject to 14 days notice in writing. In the event of another agent also being instructed, our fees are based at 3.25% of the selling price, plus Value Added Tax.
We hope that you will have noticed our local advertising where we maintain a high profile with large photographs to catch the eye. Local advertising in the Folkestone Herald, Dover Express, Kentish Gazette, Express, Folkestone Express and Kent on Sunday would be carried as part of the commission fee. Should it be necessary to advertise further afield or at county or national levels, we would discuss this and the costs which are payable by you before taking any action.
International Advertising – Internet
Smith Woolley advertise properties through the web site on the Internet:- Vebra – www.swandp.co.uk and www.rightmove.co.uk
Your home will be advertised on the Internet without any extra charge and comes as part of our service.
Smith Woolley has a good relationship with local press and we carry a comprehensive list of property correspondents to whom Editorials of properties of particular note would be circulated, whether it be local or national.
Sale boards are an effective method of stimulating enquiries about a property. We would recommend that a sale board be erected as soon as your property goes onto the market. If you particularly do not wish a sale board to be erected would you please contact this office as soon as possible.
(a) Sole Selling Agents
The Client will be liable to pay commission at the quoted rate to Smith Woolley in addition to other costs, charges and expenses as agreed, if unconditional contracts for the sale are exchanged on each of the following circumstances:
i. If unconditional contracts for the sale of the property are exchanged in the period during which we have sole selling rights, even if a purchaser was not found by us but by another agent or by another person, including yourself, or
ii. If unconditional contracts for the sale of the property are exchanged after the expiry of the period during which we have sole selling rights but to a purchaser who was introduced to you during that period or with whom we had negotiations about the property during that period.
(b) Joint Sole Agency
As (a) above but with a nominated joint sole agent if at any time unconditional contracts for the sale of the property are exchanged:
i. With a purchaser introduced by Smith Woolley or their joint sole agent or with whom Smith Woolley or their joint sole agent had negotiations about the property during that period, or
ii. With a purchaser introduced by another agent during that period.
(c) Multiple Agency
This is where the client individually instructs more than one agent. Sales fees will be payable should Smith Woolley or a sub-agent introduce the purchaser. If one of the other agents appointed by the client introduces the purchaser, Smith Woolley will not charge any sales commission. However, the client would be responsible for Smith Woolley’s costs, charges and expenses agreed whether in the accompanying letter or subsequently.
8. Unoccupied Property
Smith Woolley will not accept any liability or responsibility for the maintenance or repair of/or any damage to the property while occupied or unoccupied. The Client is strongly recommended, during adverse weather conditions in the Winter, to take necessary precautions and drain down systems where appropriate, if a property is unoccupied, to comply with the requirements of the insurers.
9. Occupied Property
During the marketing period, potential purchasers and our staff will be inspecting the property. There is a liability upon the occupier with regard to their safety and the Client should be aware of this and, if necessary, check with his/her insurers that appropriate cover is in place. From experience we find viewings conducted by members of staff tend to produce the best results on behalf of clients and, if required, we would be very happy to provide this service for your home.
Under the Estate Agents Act, it is necessary for us to disclose both to you and any purchaser, any connections we may have with you, any member of your family or any person (private or corporate) with whom you/we may have a connection. Could you please let us know therefore, in writing, whether you are aware of any dealings you, your family or any connected party may have with Smith Woolley. Should we become aware of any such interests ourselves, we shall of course let you know, in writing, immediately.
11. Money Laundering Regulations 2003
All Estate Agents must comply by law with this Regulation as from the 1st March 2004. Upon receiving instructions to market your property, we require Confirmation of Identity. This would take the form of:-
- Passport, Driving Licence or Birth Certificate together with a
- Council Tax Bill or Statutory Authority Bill
For those who are not able to present an original of any of the above, a certified copy signed by a professionally qualified person is acceptable e.g. a lawyer, teacher or accountant. The person certifying must not be related to you in any way, and you are unable to certify your own identity. The person certifying must put their full name, signature, profession, address, phone number and date. Copies of photographs should be certified that this is a true likeness.
12. Confirmation of Sale Instructions
I acknowledge receipt of Smith Woolley’s Terms and Conditions of Business and confirm acceptance of these Terms and Conditions as per the contents of this letter. I confirm that Smith Woolley will act as agents with sole selling rights