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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.

1. Price – We can confirm that we recommend marketing your property for a price agreed with yourself, Subject to Contract. This 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.

2. Ownership – You confirm that you are entitled to dispose of the property and to instruct us in this matter. Please let us know if anyone else has any legal claim on the property.

3. Information relating to the Property – You have advised us of the following details. With your agreement, we will contact your solicitor if necessary for confirmation of any points that are not entirely clarified.

4. Marketing – Upon instruction and obtaining photographs and floor plan(s), we will produce a printed brochure for your property. This, along with online advertisements, will appear on the following internet portals and social media sites: www.rightmove.co.uk, www.smithwoolley.com, Facebook and Instagram. We would also recommend a sales board to be erected at your property, wherever possible, once marketed. Please contact us if you do not wish us to organise this. The following members of our Sales team will be proactive in the day to day marketing of your property and will be on hand to assist you with any queries you may have: Kevin Murphy, Suzanne Berry and Frances Liddiard.

5. Solicitors – Upon signing of this agreement, we would like to have the details of your solicitor so we may contact them in due course with a view to drawing up a draft contract so as to avoid delays when an offer has been accepted. We would also request that you authorise payment of our account by your solicitor, as per our terms of business.

6. Fees – As your agents with sole selling rights, our fees will be based on agreed percentage of the eventual sale price plus VAT. This figure will include the marketing features as described in Paragraph 4. Our initial period of sole agency would be for 12 weeks from the date of signed confirmation instructions received at this office, and thereafter until terminated by either party giving 14 days notice in writing as required. In the event of another agent also being instructed, our fees are based at 2% of the selling price plus VAT.

7. Definitions
(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. Occupation – 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.
During the marketing period, potential purchasers and our staff will be viewing 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.

9. Disclosure – 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.

10. Energy Performance Certificates – Energy Performance Certificates (EPC’s) are required for all properties prior to being marketed. Smith Woolley will be pleased to discuss and offer advice on the best options available in choosing a provider to carry out the Energy Performance Certificate.

11. Complaints Procedure – For your information, this firm operates a Complaints Handling Procedure, details of which are available on request.

12. Money Laundering Regulations 2003 – All Estate Agents must comply by law with this regulation. Upon receiving instructions to market your property, we require confirmation of identify. This can take the form of:
i) Passport, Driving Licence or Birth Certificate
ii) 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 accepted. The person certifying must not be a relation, and you are unable to certify your own identity. The person certifying must provide their full name, signature, profession, address, phone number and the date. Copies of photographs should be certified as a true copy of the original.