1.0 DEFINITION AND INTERPRETATIONS
1.1 This document referred to as our ‘Terms of Business’ provides information regarding the terms upon which we agree to offer and provide with our products and services. As legislation and codes of conducts are liable to changes we will endeavour to keep our terms and conditions up to date and we encourage you to look here for the updated terms of business.
1.2 Client (referred to throughout as ’you’) relates to the person, company, firm or other legal entity named in our instruction letter. We will not accept instructions or act for any other legal entity named in our instruction letter. We will not accept instructions to act for any other legal entity nor will these terms apply unless we have agreed in writing to act for that alternative entity. We reserve the right to refuse to act for such an alternative until (if at all) we have undertaken due diligence to fulfil our internal credit, money laundering and risk obligations. In the event that we are instructed to act for a single purpose corporate vehicle, we reserve the right to require and be provided with a parent company or other guarantee for our fees before accepting instructions to act.
1.3 Blenheim Park Estates refers to our trading name and MIS is the group of companies in which Blenheim Park Estates belongs to.
1.4 Confidential information means any information that is by its nature confidential and/or is designated by us to be confidential.
1.5 Instruction letter means the letter of instruction (also referred to as Agency Agreement, Proposal or Tender), which is sent to you with these terms. In the event that there is any conflict between the terms set out in this document and the terms set out in the instruction letter then the instruction letter will take precedence.
1.6 The Property means the assets, which are the subject of our instructions and all other assets in which an interest is acquired by a purchaser, including contents fixtures and fittings.
1.7 Services means the specific services set out in the instruction letter and any other services, which we agree in writing to provide.
1.8 Sole Agency – unless specified to the contrary in the instruction letter you grant us sole selling rights, which means that you will be liable to pay remuneration, in addition to any
other costs or charges agreed, if at any time unconditional contracts for the sale of a property are exchanged either:
- with a purchaser introduced by us during the period of our sole agency or with whom we had negotiations about the property during that period, or
- with a purchaser introduced by another agent during that period.
1.9 Sole Selling Rights – a term used in contracts for agents who stipulate that they are the only agent permitted to sell your property, despite finding your own buyer.
1.10 EPC - Government legislation requiring sellers to commission an Energy Performance Certificate prior to marketing.
2.0 OBLIGATIONS
2.1 We comply with all laws relating to residential estate agency and in particular the Estate Agents Act 1979, the Consumers, Estate Agents and Redress Act 2007, Data Protection Act 1998, Competition Act 1998, the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), Business Protection from Misleading Marketing Regulations 2008 (BPRs), Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Consumer Rights Act 2015, Energy Act 2011 (Green Deal) and all other current and relevant primary or secondary legislation.
2.2 We are committed to providing the very highest standard of service and we are a member of The Property Ombudsman scheme and subscribe to this Code of Practice for Residential Estate Agents. More information can be gained at the following web address: www.tpos.co.uk
2.3 We are also committed to abiding by the NAEA code of practice and offer protection and guidance to our clients in relation to: client money protection, professional indemnity insurance and membership of an independent redress scheme. We are also subject to Property mark conduct, membership rules and disciplinary procedures with sanctions for falling below the expected standards.
3.0 INSTRUCTION
3.1 Once you instruct Blenheim Park Estates you confirm that you do so with the knowledge, consent and agreement of each and all of the legal owners and occupiers and those who have an interest in the marketing and/or sale of the property, premises or land. You also confirm that you have all relevant authorities and authorisations as are necessary or required to enable you to take advantage of the products and services.
4.0 MAIN INSTRUCTED OFFICE
4.0 The address of the main instructed office is as follows and the contact number is 01143582020.
Your main point of contact will be our Sales Manager, Emily Bradford on 07891400020.
5.0 ASKING PRICE
5.1 The property will be marketed at an asking price agreed by both parties. A qualifier such as offers in the region are likely to be used and the asking price will only be changed after a formal review and with the consent of all legal owners. Blenheim Park Estates will confirm any price changes in writing prior to any changes in the marketing relating to price.
6.0 FEES
6.1 Our fees are as stated in the instruction letter. Fees including VAT are payable on the exchange of contracts of any sale, which falls within our contract terms.
6.2 Where we agree to act jointly with another Estate Agency then the fee payable to us will be an agreed proportion of the total fee due. In the absence of such an agreement, we shall be paid in equal proportion to the other Agency.
6.3 Blenheim Park Estates will charge the agreed rates including VAT for our products and services. You will be invoiced for your marketing package once your property has been fully marketed unless you have agreed to a prior arrangement to pay for the marketing package on completion of the sale of your property.
6.4 Blenheim Park Estates may be entitled to a commission fee if this instruction is terminated and a memorandum of sale is issued by another agent to a buyer that Blenheim Park Estates have introduced within 6 months of the date of an instruction ending and where a subsequent exchange of contracts takes place.
If no other estate agent is involved this time limit extends to 2 years. You may also be liable to pay more than one fee if:
- You have previously instructed another agent to sell the property named above on a sole agency, joint sole agency or a sole selling rights basis; or
- You instruct another agent during or after the period of your sole agency, joint sole agency or on a sole selling rights basis.
7.0 ENERGY EFFICIENCY CERTIFICATE
7.1 Government legislation requires sellers to commission an EPC prior to marketing. Blenheim Park Estates arrange the performance of the Energy Efficiency Certificate and the full cost is included in the marketing material.
8.0 SCOPE OF SERVICES
8.1 We accept no liability for the content or interpretation of title, regulatory documents and unless specifically instructed to report on them we do not warrant that properties on which we advise are in satisfactory structural order; that any land is free from contamination; or that any land or property is compliant with regulations or that any land or property is compliant with regulations, or that any land or premises has planning permission or is capable of being developed for the purposes for which it may be required.
8.2 Unless you inform us in writing to the contrary we shall not be required to check or approve the accuracy of information provided to us by you or on your behalf on the basis that you expect us to rely upon it.
8.3 Any valuations or market projections incorporated within our services including but not limited to, income, expenditure, associated growth rates, incentives, yields and costs are projections only and may prove to be inaccurate. Accordingly, such market projections should be interpreted as an indicative assessment of potentialities only, as opposed to certainties.
8.4 It may be necessary as part of our work to instruct specialist consultants on your behalf. We will not do so before obtaining your authority. Once you have authorised us to instruct such specialist consultants you will be responsible for payment of their fees. In accepting your instructions to instruct such specialist we will assume no liability for any advice given to you by such consultants.
8.5 We may be entitled to a commission or a referral fee, which we will declare to you for recommending services within the industry such as removal specialists, conveyances, mortgage providers and surveyors.
9.0 CANCELLATION OF CONTRACTS
9.1 Blenheim Park Estates provide the right to cancel an agency agreement contract within 14 calendar days of signing. Should clients wish the contract to begin before the end of the 14-day cancellation period a confirmation request is required to us in writing. Either party may cancel the sales agreement by giving four weeks notice in writing. All outstanding invoices must be paid in full within 14 days of giving notice.
10.0 MARKETING
10.1 A full-colour brochure including digital photography, floor plans and other sale material will be provided by Blenheim Park Estates at a production cost to be quoted including VAT prior to commencing marketing.
10.2 Blenheim Park Estates will utilise Premium Listings on Rightmove and Zoopla and we will provide additional advertising on further property portals such as Primelocation. We also promote properties on Social Media platforms including Facebook, Twitter and Instagram. We may withdraw or no longer take advantage of the services of such property portals, websites or publications at our absolute discretion.
10.3 For Sale Boards will be supplied and erected by Blenheim Park Estates only after receiving specific permission from the seller and will be appropriate for the occasion. All boards shall belong to Blenheim Park Estates although it is your responsibility to ensure they are safe and secure and preserved for collection once the property is sold or withdrawn from the market.
10.4 We will advertise and market your property on such property portals, websites or publications as we consider being the most effective at securing interest on your property from potential purchasers and tenants in our absolute discretion. We may withdraw or no longer take advantage of the services of such property portals, websites or publications at our absolute discretion.
10.5 Other forms of printed and digital advertising may be offered and costs will be agreed with you before the adverts are placed.
10.6 We will keep our marketing strategy under regular review with you throughout the sale of your property.
11.0 VIEWINGS AND ACCESS TO PREMISES
11.1 We will arrange and record viewings through our property management software. You will be notified once a viewing is booked and we will provide you with the name of the person(s) who wish to view together with the date and time.
11.2 We will accept your instructions regarding viewings, specifically whether or not they should be conducted by us.
11.3 A sales consultant will accompany the viewings where possible; however there may be certain occasions where we ask if you would like to do your own viewings when all of our sales consultants are fully booked.
11.4 We will record any viewings that have been arranged for your property and provide feedback from those viewings and pass this to you at our earliest convenience.
11.5 We must exercise reasonable due diligence to ensure that, after any visit by us, your property is left secure.
11.0 OFFERS
11.1 We will inform you as soon as is reasonable possible about all offers that we receive at any time until contracts have been exchanged unless the offer is an amount or type which you have specifically instructed us, in writing, not to pass on. We will confirm each offer in writing to you and to the buyer who made it, within two working days.
11.2 We will keep a written or electronic contemporaneous record of all offers we receive including the date and time of such offers and the seller’s response.
11.3 We will never make any conditions to a buyer to use services offered by us or another party. We will not discriminate, against a buyer because that person declines to accept that we will (directly or indirectly) provide related services to them. Discrimination includes but is not limited to the following:
11.4 When an offer has been accepted subject to contract we must take and confirm your instructions as to whether the property should be withdrawn from the market, or continue to be marketed. In the latter case we must advise you in writing. The buyer must also be informed in writing should you decide to put the property back on the market. We remain under the legal obligation to pass on offers, as defined in 11.1.
11.5 We must keep all buyers who have recently made offers through us and which have not already been rejected, informed of the existence of other offers we have submitted to you.
11.6 We must be fair and not misleading when disclosing the amount of any offers made to other buyers. Before disclosing the amount of an offer, we must advise you of such intention and get your agreement; and we must warn all buyers who make offers that it is our practice to do so. If we do disclose any offer to one buyer, then all offers must be immediately disclosed to all buyers with a current interest in negotiations for your property.
11.7 After an offer has been accepted subject to contract, we must promptly tell that buyer if you accept another offer.
11.8 By law we must not misrepresent or invent the existence, or any details, of any other offer, made or the status of any other person who has made an offer. If we know that you have instructed a legal representative to send a contract to an alternative buyer, we must then tell our buyer in writing.
12.0 INTELLECTUAL PROPERTY
12.1 All content unless supplied by you remains the property of the Blenheim Park Estates, our affiliates or other relevant third parties, including, but not limited to text, graphics, logos, icons, images, sound clips, video compilations and advertisements.
12.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material belonging to Blenheim Park Estates.
