This agreement in accordance with the Estate Agents Act 1979 sets out the terms and conditions under which Zoom 995 ‘The Agent’ will act for you ‘The Client’ in thesale of your property. This is a legal document so please take the time to read it carefully and ask any questions regarding it before signing it. It should be signed by bothyou as the seller of the property (or a person with authority to act on your behalf) and by a member of our staff.
The Seller/Client agrees to instruct Zoom995 on the following terms:
Option 1: £595 inclusive of VAT payable on day of marketing
Option 2: £995 plus VAT (£1194.00)
You will become liable to pay Zoom995 the agreed fee at the soonest of one of the following events;
a) On completion of the sale of your property
b) On withdrawal of your property from the market with Zoom995
c) Within a period of 10 months from the signing of this agreement
Additional Marketing Services
EPC: £90 (Inc. VAT)
FOR SALE BOARD: £48 (Inc. VAT)
FLOORPLAN: £60 (Inc. VAT)
All additional Marketing Services charges are inclusive of VAT. These Additional Marketing Service charges are separate and in addition to both Option 1 + 2.
Type of agency
This Agreement is a Zoom995 agreement and you will be liable to pay the remuneration agreed as above to Zoom995 if at any time, unconditional contracts for the sale of the property are exchanged with a purchaser introduced by us or within ten calendar months of this agreement whichever is the soonest.
Exclusions/Interested Parties/Dual Liability warning
If you have previously instructed another Estate Agent for the sale of your property on a “Sole” or “Joint Sole” agency or a “Sole Selling Rights” agency basis you may still be liable to pay remunerationto them if a sale is made to a person introduced to you by them. If you have instructed another agent you must check, whether by instructing this agent as well, you will become liable to pay a commission fee to that Agent.
For Sale Board
A for sale board will be erected unless otherwise advised to assist in the sale of the property. Any such board will comply with the Town and Country Planning (Control of advertisements) Regulations 1992 as amended.
Energy Performance Certificates (EPC)
In accordance with the housing ACT 1994 it is required that an EPC is commissioned before the marketing of a building can commence. ‘The Agent’ has to satisfy themselves that an EPC is eitheravailable or has been commissioned before they start marketing on behalf of the seller. If you already have an EPC this needs to be made available to us, if not we will be happy to take yourinstruction to commission the EPC.
Consumer Protection from Unfair Trading Regulations
Under the Consumer Protection from Unfair Trading Regulations Act 2008 Agents must ensure that they provide all material information that the average consumer needs to make an informed decision. We will ask you to complete a Property Fact Find to assist us in this regard. We will prepare draft sales details as accurately as possible based on inspection of the property and information provided by you. We will send draft details to you for your approval and it is imperative that you read through these carefully. You will be asked to return a signed copy to us identifying any errors or unfair or inaccurate descriptions of the property.
Fixtures and Fittings
To comply with the requirements of the Consumer Protection Rules ACT 2008, all Fixtures and Fittings that are mentioned in the sales particulars will be deemed to be included in the sale unlessotherwise specified in writing.
Settlement of Fees
Fees are payable at a date dependent on the circumstances outlined in this agreement. The responsibility for payment remains with the client to pay the account as above. In the event of the fee due remaining unpaid for more than 10 days from the date on which settlement becomes due ‘The Agent’ reserves the right to pass the matter to a collection agent for recovery of the fee in full plus costs which will be 25% of the fee agreed in this contract. We also reserve the right to charge for trace fees where a Client has moved without leaving a forwarding address.
By Law ‘The Agent’ must tell the client if ‘The Agent’ or any connected person intends to earn any commission from offering the client or buyer other services. If ‘The Agent’ or any connected person earns, money from any of these services ‘The Agent’ or connected person would keep the commission. The following services may be offered by ‘The Agent’ or connected persons; estate agency, lettings, financial services, survey services and conveyancing. We make an administration charge to purchasers subject to contract of £118.80p inc VAT once an offer has been successfully negotiated subject to contract.
Estate Agents Act – Personal Interest
The Estate Agents Act 1979 provides amongst other matters that anyone engaged in estate agency work or their relatives and associates must disclose their interest in any property with which they are dealing. Are you an Estate Agent or are you related to or an Estate Agent or are you related to or an associate of an Estate Agent.
Data Protection Act 1998
‘The Agent’ will keep your personal details on file and pass them to other companies connected with us and carefully selected who may wish to offer you financial or other property related services.Please confirm you are happy for us to share your personal data in this way.
We are required by law to check your identity through sight and copy of recognised photographic identification e.g. passport or photographic driving license and documentary proof of address.
Access To Premises/Unoccupied Premises
If the agent holds the keys to the property ‘The Agent’ must accompany any viewings to the property, unless ‘The Agent’ and client agree otherwise in writing. However it is ‘The Agents’ usual practice to release keys to certain professionals such as acting surveyors acting on behalf of purchasers. In order to avoid delays once ‘The Agent’ has established their identity, they are permitted to inspect the property unaccompanied. Please advise us if this is not acceptable to you.
Please note, if the premises are unoccupied ‘The Agent’ is not normally responsible for the security, maintenance or repair of the property save where ‘The Agent’ fails to secure the property after anaccompanied viewing. It is the seller’s responsibility to ensure that mains services are turned off, water and heating systems professionally drained and the insurers notified.
Termination of Agency
Subject to the conditions of this contract this agency agreement will be from the date of signing and will continue thereafter until either the client gives 14 days’ notice in writing to terminate the agency agreement or after a minimum of 52 weeks when the Agent reserves the right to terminate with 14 days written notice. IMPORTANT In signing this agreement you are entering into a legally binding agreement and will be responsible for our fees and any other payment due to us. If you have instructed another Agent on a Sole or a Sole Selling Rights basis you must check whether by instructing us as your Agent as well, you could be liable to pay both Agents fees once your property has sold.
Notice of Cancellation Rights (If Applicable)
If this Agency agreement is completed in your home, under the Cancellation of Contract made in Consumers Home or Place of Work Regulations 2008, you have the right to cancel theAgency
Agreement referred to above if you choose. This right can be exercised by delivering or sending (by recorded post or email) a written cancellation notice to the person indicated below at anytime within the period of 14 days starting with the date of receipt of this notice; If you wish to cancel the Agency Agreement you should post or deliver your written cancellation to the BranchManager.
If you choose to cancel this Agreement, your cancellation will be effective from the time your cancellation notice is posted or sent to the address of ‘The Agent’ or in the case of email; on the day it is sent.
Performance of the Contract Period Prior to expiry of the Cancellation Period
The services set out in the agency period will not commence until the day following the last day of the cancellation period. Your right to cancel the Agency Agreement within the cancellation period will not be affected. However if you choose to cancel the agency agreement you will be required to pay for goods and services supplied prior to completion at a cost of £300 inc VAT.
If you wish the services to begin prior to the cancellation period, you should sign the confirmation below. (Delete if appropriate)
I/We understand that if I/We subsequently exercise the right to terminate the Agency Agreement with the cancellation period I/We will be required to pay for goods and service supplied prior to cancellation.
If you wish to cancel the Agency Agreement you MUST DO SO IN WRITING and deliver personally or send by registered mail (you may send by email) the cancellation to the person named below and to the address below.
Zoom995, 4 Brittingham House, Orchard Street, Crawley, West Sussex. RH11 7AE