{partner_name} Sales Agreement

Your Information

Full name

{user_legal_name}

Address

{html_user_address}

Responsibility for fees

I hereby appoint {partner_name} to market the following property:

{html_transaction_address}

Fees

{fee_description} plus VAT

If your fee is a percentage of the sale price, it's subject to a minimum of £1500 plus VAT

Agency type

This is a sole agency agreement. You agree not to appoint any other estate agency during the period of this agency agreement.

Keys

When asked if you would like to provide a set of keys to {partner_name} you said {estate_agent_keys}.

For sale board

When asked if you would like a sale board, you said {estate_agent_board}.

Energy performance certificate

In signing this agreement, you acknowledge that you are required to provide an up-to-date EPC for your property. If you have a valid energy performance certificate (EPC), you will need to provide it to us. If you do not have one, you will need to order one within 7 days, provide evidence that an order has been placed and provide a copy of the EPC within 21 days.

We can refer you to an EPC provider if you need one.

Agency terms

You will be liable to pay our fee, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the property are exchanged with a purchaser introduced by us during our agency period, or with whom we have had negotiations about your property.

Or, with a purchaser introduced by any other Agent or person during that period. In the unlikely event that a sale is agreed upon and then falls through, the inactive period will be a Marketing Hiatus. Our Exclusive Period will go on hold and resume when active marketing restarts.

General Data Protection Regulations

You give consent for us to process my/our personal data noted on this agreement and transmitted to you in future messages for the purpose of marketing the property. I additionally authorise you to communicate my/our personal data to third parties who are a necessary adjunct to the marketing process, such as, but not limited to; Signboard Contractors, Solicitors and Financial Service providers.

Notice Of The Right To Cancel & Cancellation Charges

Where you are a consumer client and this contract was agreed off our premises you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day this contract was agreed. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. To exercise the right to cancel, you must inform us of your decision in writing to cancel this contract by emailing sales@heywoodsproperty.co.uk or by sending a letter to The Estate Offices, Blackfriars Road, Newcastle Under Lyme, ST5 2EB

We are unable to begin preparing the marketing of your property for 14 days unless you provide us with specific instructions to do so.

If you request us to begin marketing your property during the cancellation period and you exercise your right to cancel, you will be required to pay us an amount which is proportionate to the services performed until you communicate your decision to cancel the contract.

This will include reasonable expenses incurred for advertising and preparation of property particulars, photos, viewings etc.

Please note that before or after the 14 days, the maximum fee in the event of cancellation without a purchaser is £350.00 + VAT (£420.00). However, if we successfully find a ready and willing purchaser for your property before you cancel, the full agreed fee above will be chargeable if we deem it appropriate and fair under the circumstances.

Client authorisation

You confirm you are entitled to sell the property and have read, understood and agree to the terms of this agreement. You confirm that, to the best of your knowledge, the information regarding the property is accurate and that I have not withheld any materially significant information regarding the property. The information provided may be used at the agents discretion in connection with the proposed sale of the property, released to any prospective purchaser, and I hereby indemnify the agent accordingly should there be any changes I will notify the agent in writing.

Terms of Business

Marketing/asking price

The Marketing/Asking price does not represent a formal valuation of the property and may change during the term of the agency but this will not affect the agreement itself.

Final selling price

The Final Sale Price includes the price the property is sold for, the value of the fixtures and fittings and any other fees or incentives before discounts, agreed between the buyer and seller.

For sale sign

Planning regulations permit the display of one advertisement, consisting of a single board or two boards joined back to back. You confirm that no other board other than ours will be erected, unless back to back as described. The legal responsibility that only one board is erected lies with both the seller and the Agent. It is important that you are aware that the provision by us of a For Sale board will be an introduction to a purchaser who subsequently exchanges contracts even if you were previously acquainted with that person. We will erect a signboard unless otherwise instructed. Please note, the sign will be erected by a subcontractor and in the unlikely event of a claim for damage they are responsible for it.

Energy performance certificates

An EPC is required by law when a building is built, sold or put up for rent. It is valid for ten years. The seller and a person acting on behalf of the seller must use all reasonable efforts to ensure that an EPC is obtained within 28 days of marketing beginning. We can arrange an EPC for you or you may wish to provide your own. In the event that you supply your own, we need a copy within 28 days from the start of this contract or we will be obliged to suspend marketing (a Marketing Hiatus) until it is made available to us.

Property description

Both the Seller and Agent have a duty to ensure that any information provided about the property is accurate and not misleading. No information may be omitted which may impact on a prospective buyer's transactional decision. You agree to check the sales particulars and notify us of any inaccuracies. You must also confirm any information provided by you is true and be able to supply documentary evidence to substantiate any claims made.

Unoccupied property

We act as sales agents only and under no circumstances do we take responsibility for unoccupied property. Unoccupied property can deteriorate quickly and we strongly advise clients to make arrangements for their property to be checked regularly by a competent person.

Other services

We reserve the right to offer a full range of other services to prospective purchasers which may include estate agency, financial services, removals, surveys and conveyancing from which we may derive other commissions or fees.

Copyright

We retain the copyright to all advertising material used to market the property and reserve the right to use it for marketing initiatives following completion.

PRS scheme

We are a member of The Property Redress Scheme (PRS) scheme and follow their Code of Practice which is available at: www.theprs.co.uk/

In the event that you have a complaint please discuss it with the Branch Manager. In the unlikely event that it cannot be resolved informally, we can provide the Seller with our complaints procedure that has the right of referral to the PRS. The Seller agrees that the agent may give information about the sale of the property to the PRS if the Seller has registered a complaint and they ask for further information. The Seller also agrees that the Agent may give the Seller's contact details to the PRS if asked to do so.

PEP Politically exposed persons

Domestic or foreign PEP's are individuals who are or have been entrusted with prominent public functions, for example, Heads of State or of government, senior politicians, senior government judicial or military officials, senior executives of state owned corporations, important political party officials. A family member or close associate of any of the above. In signing this agreement, you acknowledge that you must inform us if you are such a person.

Connected persons

The law requires that we declare to prospective purchasers if you are related or connected in business to any member of staff in the Agency or any associated company. In signing this agreement, you agree to inform us of any such relationship.

Business Information

Heywoods 1881 Limited registered at The Estate Offices, Blackfriars Road, Newcastle Under Lyme, ST5 2EB. Registered in England and Wales. Our registered number is 12402696. Our VAT number is 941179224.

Ready and Willing Purchaser

A "Ready and willing purchaser" shall mean an individual or entity who has demonstrated the financial capability, intent, and willingness to purchase the property in question, including but not limited to:

Providing satisfactory evidence of funding or financial resources necessary to complete the purchase.

Conducting appropriate property viewings or due diligence.

Making an offer to purchase the property for an amount within the most recently issued valuation range provided by our valuers. In the event that no valuation range is provided (e.g., due to a price reduction), the valuation range shall be deemed as 10% below the advertised price.

Agreeing to the terms and conditions of the sale, including any necessary contractual obligations.

Acting in good faith and not exhibiting any unreasonable behaviour that would hinder the completion of the purchase transaction.

Access to premises

If we hold a key to the property, we will accompany any viewings unless agreed otherwise. It is our usual practice to release the keys to professionals who require access such as surveyors acting on behalf of purchasers. In order to avoid delaying the sale, once we have established their identity, they will be permitted unaccompanied access. Please advise us immediately if this is NOT acceptable. We will continue to seek the seller's permission to allow unaccompanied visits by any other third parties such as trades people or utility companies.

Public liability

It is your responsibility to make sure that your property is safe for our staff and visitors and they will not come to harm. You must inform us of any hazards, for example, but not limited to: loose carpets, uneven stairs, loose or missing handrails. It is an express condition of this contract that you fully indemnify us against any claim made by any visitor for any injury sustained on your property.

Referral fees

We have a network of trusted local professionals, including solicitors, mortgage advisors, and surveyors, available for your convenience. However, you are not obligated to use any of these services. Please note that we may receive referral fees from recommended solicitors and surveyors. For mortgage advice we work with TIME Mortgage Experts who are an appointed representative of Mortgage Advice Bureau who pay us 25% of the procurement fee paid to the broker by the lender.

Discrimination

We will not discriminate or threaten to discriminate against anyone for any reason.

Fee entitlement

The commission fee will be earned by us if we introduce, directly or indirectly a person who contracts to purchase the property during the period of the contract. We have a specific entitlement to a fee if: The property is sold to a family member, friend, acquaintance or colleague; One of the owners buys another owners share (eg as part of a separation agreement); The property is sold to a property developer: The property is part exchanged; The property is sold at auction or is repossessed; If the seller withdraws for any reason after contracts are exchanged.

Ongoing liability

If you withdraw your property from sale, unsold, you may have an ongoing fee liability to us. If you terminate our Agreement and then sell your property to a buyer first introduced to you by us, who is reintroduced via another Agent within six months of our Agreement ending a full fee is payable. If the introduction is more than six months after termination no fee is payable. If you terminate our Agreement and then sell your property privately to a buyer first introduced to you by us within twelve months of this Agreement ending, a full fee is payable.

Interested parties

If any individuals or parties have shown interest in purchasing the property prior to this agreement, privately or through another agent we will be entitled to our fees if we 'introduce' the buyers either directly or indirectly, eg after seeing a for sale board or identifying the property from published information on the internet. To avoid future disputes, it is therefore important that you tell us now. Even if you declare an 'interested party' it may be that the party has since lost interest. If we are able to revive that interest, we will be entitled to commission.

Payment

Our fees along with the value added tax at the prevailing rate together with any additional costs agreed, must be discharged without deductions by the solicitor or conveyancer on or immediately after the date set for completion of the sale, and by signing this agreement you hereby irrevocably authorise the solicitor or conveyancer to do so. Should your account not be paid within seven days of completion, any discount will become void. Interest will also be added at a rate of 2% PCM above clearing bank base rate from the date of completion.

Dual fee warning

If you have instructed any other agent to sell your property on a sole agency/sole selling rights basis, you may be liable to pay their fee as well as ours. Please note that if a multiple agency arises you may be liable to pay a higher fee and another agent's fee.