Terms of Business
This Agreement contains the Terms and Conditions of Business agreed between you the Client Mistoria Estate Agents Ltd.
By signing this Agreement you accept the terms set out in this document which will be binding on you.
Property to be sold:
Contact Address (if different) ____________________________________________________________________________________________________________________
Telephone Home _______________________________ Telephone Business ___________________________________________________
Mobile _______________________________________ Email address _________________________________________________________
Tenure: Freehold/Leasehold (delete as appropriate) If Leasehold unexpired term__ Leasehold____________________________________________
Annual Service Charge __________________________ Ground Rent _________________________________________________________
Managing Agent (if applicable) ____________________________________________________________________________________________________________________
The property will be offered for sale at an initial asking price of £ Mistoria Estate Agents Ltd. on the following
Sole Selling Rights
You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, in 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 the purchaser was not found by us but by another agent or by any other person, including yourself;
- 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.
This agency will be for an initial period of weeks and will continue thereafter until the expiry of fourteen days notice given by either party to the other in writing. The initial period will start the first day of signing. The notice to terminate may be served during the period of the sole selling rights to expire at the end of the agreed period or may be served at any time after the original agreed period has expired.
There may be a situation where you are liable to pay two fees, together with any agreed costs and expenses:-
- i) If you have already instructed another agent in connection with the sale of your property on a Sole or Joint Agency or Sole Selling Rights basis.
- ii) If you have given us Sole Selling Rights and have instructed another agent to sell the property as well.
iii) If you have given us Sole Selling Rights and instruct another agent during the term of this period.
- iv) If a buyer introduced to you during our period of Sole Selling Rights or with whom we had negotiations about your property during this period subsequently purchases through another estate agency. In this event, we will forfeit any right to commission, providing that the other agent introduced the buyer six months after the date that we were dis-instructed. If a buyer introduced to you during our period of Sole Selling Rights and who does not use an agent purchases the property after the date we are dis-instructed our fees and expenses plus VAT will continue to be payable.
- v) After dis-instruction we will forward a list of all viewers that we have introduced and if any of these parties were to make an offer our fees would be payable if the property completed to them.
In order to maximise opportunities to market and sell your property we will instruct other estate agents if we think it opportune to do so. We will pay a portion of the fees agreed depending upon the instructions given to us if the other agent is successful in obtaining a sale.
Our commission will be calculated at a rate of a fee of 1% + V.A.T
By signing this Agreement we are hereby authorised by you to submit our invoice to your Solicitors or Licensed Conveyances’ following exchange of contracts, for payment immediately on the completion date. In the event that payment in full is not received by us within 7 days of the due date (the legal completion date of the sale), you will pay us interest at the rate of the higher of 8% per annum and the prevailing County Court rate at the time on all outstanding sums from the due date until payment. By signing this Agreement you confirm that you authorise and instruct the Solicitors or Licensed Conveyances’ acting on your behalf, on the sale of the property, to pay the agreed commission plus V.A.T. upon completion. If the rate of V.A.T. should change, the rate charged will be that applicable on the date of the invoice.
If the property is part-exchanged with other premises our fees will be calculated on the full market value of the property with vacant possession on the day that the exchange takes place. If a sale is agreed and contracts are exchanged for an unconditional sale of the property due to an introduction of a buyer through our website or any other internet site our fees will become due upon exchange of contracts and payable upon completion. If more than one person signs this Agreement liability for payment of our fees will be joint and several which means that we may apply to either person to pay the full sum owing in fees, costs and any agreed expenses.
Existing Prospective Purchasers
Do you currently have any person who has shown an interest in purchasing this property?
Yes □ No □
If yes, please provide details on the reverse of this sheet now. We shall not be entitled to a commission if this or any of these persons purchase your property from you, unless we have negotiations with the person(s) ourselves, in any way connected to your property.
Property Misdescriptions Act 1991
It is a criminal offence for estate agents to make inaccurate or misleading statements or representations about premises which are currently for sale either orally or in writing. We must ensure that statements are accurate and factually correct whether in the particulars for sale, advertising, marketing, press releases, website details, or any other method of communication. This includes making statements that might give the wrong impression about your property, or omitting facts such as access, or noise from road traffic. We will send you two sets of particulars for your property. To avoid any misunderstandings, we will require you to sign one copy of the property details with any necessary amendments and return it to us. We will not be able to send out the property details until you have signed and returned one of your copies. When signing the details you are also confirming to us that all fixtures and fittings included with the property are in full working order. If that is incorrect you must inform us in writing. If during the marketing of your property the approved particulars become incorrect due to alterations or for any other reason you must notify us immediately.
Energy Performance Certificate (“EPC”)
We may prepare the EPC on your behalf. By signing this agreement that you confirm that you are aware that the EPC may not be prepared by an independent third party but by the agent acting on your behalf.
We comply with all current legislation and do not discriminate against any person on account of their gender, race or disability. We comply with all current discrimination legislation.
This contract will not give any rights to any third party, unless specifically expressed and agreed in writing.
Uses of Information
We comply with the Data Protection Act 1998 and take all reasonable steps to prevent any unauthorised access to personal information. The information held by us is confidential and will only be used for the following reasons:
- To disclose details of your property in marketing literature if we, or any sub-agent instructed on our behalf, successfully arranges the sale of your property;
- To refer your details to a debt collection agency or legal adviser if our commission, expenses and other agreed costs are unpaid 14 days after legal completion;
- To comply with statute, regulation or regulatory body;
- To comply with a request from a government or law enforcement agency;
- To provide personal details to utility suppliers and the local authority upon completion unless requested not to do so by you in writing.
If you do not wish your property details to be used in our advertising literature after completion of a sale, you must write to us at the address below.
Information which you have supplied for this Agreement may be retained on computer and used by the Agent or any associated companies for direct marketing purposes.
If you prefer NOT to receive such mailing, please tick this box □
The Property Ombudsman (TPO)
We are certain you will be satisfied with our service but if you have any concerns we operate a formal complaints procedure. We are a member of the TPO, abide by its Code of Practice, and cooperate with and accept any decision of the Ombudsman in any investigation.
You hereby confirm your agreement that we can provide any information relating to the sale of your property and how you can be contacted if the Ombudsman asks us to do so. Details are available upon request.
Estate Agency Services
We intend to offer prospective purchasers our full range of services as follows – valuations, surveys, estate agency, conveyancing, mortgage and financial services either directly or indirectly through associated firms for which a commission or fee may be earned by us.
We may earn interest or commission for services offered to you while acting on your behalf. Any monies received will be retained by us and will not be off-set against any fees, commission or other charges that are payable by you.
For Sale Boards
We are hereby authorised by you to erect a For Sale board at your property. To ensure compliance with the Town and County Planning (Control of Advertisements) Regulations 1987, you agree not to allow the display of any other Estate Agent’s board whilst our Mistoria board is displayed. You also authorise us to arrange the removal of any other Agent’s board currently or subsequently displayed without our consent at your property. If there is a current board from another agent displayed at the property you must arrange removal before the Mistoria board can be displayed. You must inform us in writing if current bye-laws or any restrictions placed on your property forbid the erection of a board.
Direct Approaches & Your Personal Safety
We will always inform you of an appointment for any prospective buyer to view your property. If, at anytime, you are approached directly by any person, who has been introduced by us to your property directly or indirectly as a result of our promotion of it, you should inform us immediately and not allow access at that time to that person unless we have contacted you and arranged a mutually convenient appointment. If not we will endeavour to check that person is genuine and arrange an appointment if a viewing is required by that person. Our promotion includes advertising, our agency board, our brochures and websites and verbal advice and information given to any person.
Variation of Terms
Any variation of these Terms and of the Agreement will only be valid if confirmed to you in writing and signed by a director of Mistoria or an alternative authorised employee.
We may assign the rights and obligations under the Agreement providing the rights of the seller are not affected.
Acts of Third Parties
We are not responsible or liable for the acts, omissions or failures of third parties unless it is due to the negligence or breach of contract or omissions of Mistoria Estate Agents Ltd or their employees.
These terms of the Agreement will be governed by the laws in England and Wales.
The Money Laundering Regulations 2003 require us to obtain proof of identity and residence in the form of a passport and a utility bill addressed to you at your current address in the last 3 months prior to marketing the property on your behalf. You can either send us original documents which will be copied and then returned to you or copies of the documents which have been certified by a solicitor as genuine.
Current legislation may also require us to make a disclosure of information about you to the relevant government authorities or agencies if certain circumstances arise. We cannot advise you of any request made or inform you of this disclosure.
By signing this Agreement you confirm that you are a sole or joint owner of the above property and you confirm that you are authorised by any co-owner(s) to instruct us to sell the property and to give us instructions in order to progress a sale.
“Client” “seller” “you” or “yours” means the person or legal entity named in the Particulars at the top of the Agreement or their successors in title.
“Mistoria “Agent” “us” “our” or “we” means Mistoria Estate Agents Ltd which is a limited company, registered number 07912554 and the registered office is 2 Burton Place, Manchester, M15 4PT or their assignees or successors in title.
“Property” means the property the address of which is shown in the Particulars.
“Agreement” means the Terms of Business agreed and signed between you and us.
“Terms and Conditions” means the contents of this Agreement which have been signed by both parties.
“Joint and several” means that where the Client forms more than one person or entity then each party will be liable for all commission costs and other outgoings incurred by Mistoria Estate Agents Ltd. and as the Client they will be jointly liable for all commission costs and other outgoings incurred by Mistoria Estate Agents Ltd.
“Term” means the period of our appointment that begins on the date you sign this Agreement and will continue until termination by either party by not less than fourteen days written notice.
In this Agreement the masculine includes the feminine and the singular includes the plural.
“EPC” means an Energy Performance Certificate which must be provided.
“Withdrawal fee” means the fee inclusive of VAT which becomes payable if you withdraw our instructions to market the property for any reason including any allegation of fault or negligence on our part or the property is sold in any circumstances that do not entitle us to a fee. This does not affect your rights to withdraw or withhold payment where you think we have failed in our responsibilities and obligations to you under this Agreement.
I/we, the undersigned, hereby confirm that I/we am/are the owner /joint owners of the property or the legal representative of the legal owner and have the authority to sign this agreement on behalf of all joint owner/s, and have received a copy of these Terms of Business.
The joint owners are:
Signed: _______________________________________________________________________________ Date: _________________________
(Print Full Names):_____________________________________________________________________________________________________
Signed for and on behalf of Mistoria Estate Agents _________________________________________________________
Print Name: __________________________________________________________________________ Date: _________________________
Do not sign this agreement unless you agree to the terms above.
Notice of the Right to Cancel
By law you have seven days starting from the day you receive this Notice (‘the Cancellation Period’) to cancel this contract if this contract is signed in your own home or place of work in the presence of a representative of the Agent.
I/We wish the performance of this contract to commence before the expiration of the Cancellation Period under the Cancellation of Contracts Made In a Consumer’s Home or Place or Work etc. Regulations (2008). I/We agree under Regulation 9 to pay reasonable costs incurred and reasonable fees for services provided by Mistoria Estate Agents Ltd between the date of signature and the date of cancellation.
Signed: _____________________________________________________________ Date: ___________________________________________
(Print Full Names): ____________________________________________________________________________________________________
Do not sign here unless you wish Mistoria to start the preparation to market your property immediately.