SOLE SELLING RIGHTS & TERMINATION
You will be liable to pay A Smart Move Residential remuneration, in addition to any other costs or charges agreed, in each of the following circumstances:
• If unconditional contracts for the sale of the property are exchanged in the period during which we have sole selling rights, even if the purchaser was not found by us but by another agent or by any other person, including yourself;
• 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.
You are liable to pay our agency agreement fee if, within four months of the end of the period during which we have sole selling rights, a memorandum of sale is issued by another agent to a buyer that we have introduced to the property or to you and where a subsequent exchange of contracts takes place in respect of such sale (whenever such exchange takes place). If no other estate agent is involved this time limit extends to two years.
A purchaser is deemed to be introduced to the property by us where that person through our activity learns directly or indirectly about the opportunity to buy the property. This includes but is not limited to persons learning about the property through another person (other than an estate agent) or a marketing medium promoting the property such as, newspaper advertising, internet advertising, leaflets or otherwise.
AGENCY DURATION AND TERMINATION
Our appointment as your agent continues until the expiry of the initial term and from that date will continue automatically until terminated by notice In writing.
Any party may terminate this agency agreement by giving not less than 14 clear day’s prior written notice to the other, not to take effect before the end of the initial term.
Unless you have our written consent, you agree not to appoint any other estate agent during the period of our agency agreement.
If you appoint another agent during our agency agreement, you will them be liable to pay our fees at our standard multiple agency rate of 2% of the gross sale price.
Any transfer of assets such as shares in the company or any other form of transfer which has the effect of moving control of the property to another party is deemed to be the sale of the property for the purposes of this agreement. If no or only a nominal sale price is stated then the relevant sale price will be the market value at the time of sale.
If you sell the property privately or through another estate agent you must disclose to A Smart Move Residential Ltd the identity of such purchaser prior to exchange of contracts.
Unless we agree a fixed fee with you, A Smart Move Residential Ltd fees are a percentage of the actual gross sale price achieved (plus VAT at the prevailing rate). The gross sale price will include any extra monies paid for fixtures and fittings.
DUAL FEE RISK
You may be liable to pay more than one fee to more than one agent if:
• You have previously instructed another agent to sell the same property on a sole agency, joint sole agency or a selling rights basis; or
• You instruct another agent during or after the period during which we have sole selling rights.
WHEN FEES ARE PAYABLE AND INTEREST
Our fees are due and payable on exchange of contracts. However, at our discretion, payment may be made from the sale proceeds received at the completion (provided that completion takes place within three months of exchange of contracts).
In signing this agency agreement, you hereby authorise your lawyers to make payment to us of our agency fees and any other fees at completion.
We reserve the right to charge you interest at a rate of 8% on the outstanding amount of all fees and expenses which have not been paid within 28 days of the relevant invoice date.
RESPONSIBILITY FOR FEES
The person(s) signing this agreement is/are responsible for paying out agency fees.
OUR SERVICES AND ADDITIONAL SERVICES
When you instruct us we will take prompt steps to prepare the property for marketing by producing a full description with accompanying photography and actively promote the property on our usual websites. We will also assist you by acting as an intermediary between yourself and potential buyers helping you consider offers and managing the sale process on your behalf. If you have requested any other additional services these will also be provided.
When you instruct us to provide to you, or arrange for others to provide for you, any additional services, we may receive a fee or commission. We are entitled to retain any such information or fee received by us in connection with such additional services.
RIGHTS IN PHOTOGRAPHY
All rights to photography taken at the property by A Smart Move Residential Ltd or any professional photographer appointed by A Smart Move Residential Ltd remain the property of A Smart Move Residential Ltd or the relevant professional photographer. Should you wish to have any ownership rights in such photographs you will need to agree this specifically and in writing with A Smart Move Residential Ltd.
SECURITY AND KEYS
You agree that we are not responsible for the security of the property or its contents or the actions of any person we accompany when showing the property on your behalf or if it is left unoccupied.
Where you provide us with a set of keys to the property to use in connection with the sale and marketing of the property, you agree to us making additional copies at our expense. We ensure that all keys we hold are held using a secure key tag system so that third parties are not able to identify the particular property a set of keys belong to.
You will provide us with full information on the property and in particular any details that a normal purchaser would be likely to consider important when deciding to view or purchase the property.
ANTI MONEY LAUNDERING
We are required to comply with Money Laundering regulations, which means that we will need to ask you for satisfactory proof of identification and will not be able to act as your agent if this is not provided. The identification information may be shared with a third party supplier to undertake an electronic identity checks.
TELEPHONE CALL RECORDING
We record all telephone calls received from online portals. The recordings obtained may be used for training or quality purposes to investigate complaints to ensure that we comply with regulator procedures and to provide evidence in relation to any regulatory investigation or court proceedings.
SUB-AGENT AND AUCTIONS
You authorise us to appoint a sub-agent to assist with the marketing of the property. We will be responsible for the actions of and any fees due to the sub-agent.
CODE OF PRACTICE, COMPLAINTS AND STATUTORY RIGHTS
We are a member of the Property Ombudsman Scheme and comply with The Property Ombudsman Code of Practice Redress and complaints procedure details of which can be obtained from www.TPOS.co.uk
If you have any queries or questions about the services we are providing to you, you should contact our customer service team on 01296 796790 or by email to firstname.lastname@example.org
Nothing in this agreement affects or is intended to affect your statutory rights.
ENTIRE AGREEMENT, VARIATION AND JURISDICTION
This contract sets out the entire agreement between A Smart Move Residential Ltd and the seller of the property replaces all prior agreements and no amendment or variation to this contract will have any contractual effect unless approved in writing by a director of A Smart Move Residential Ltd.
The Courts of England and Wales have exclusive jurisdiction to determine any action or proceeding relating to this agreement.