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Marketing Agreement

Money Laundering Regulations Property Misdescriptions Terms and Conditions


Marketing Agreement This is a legal document. Before signing and accepting the terms of this agreement please take the time to read it carefully, along with the Terms & Conditions overleaf. In signing this agreement you acknowledge that you have read and understood it. NAME(s) OF SELLER(s) ...................................................................................................................... ...................................................................................................................... ADDRESS OF PROPERTY TO SELL ...................................................................................................................... ...................................................................................................................... CORRESPONDENCE ADDRESS ...................................................................................................................... ...................................................................................................................... CONTACT INFORMATION

INTERESTED PARTIES Have any individuals or parties shown interest in purchasing the property prior to this agreement, privately or through another agent? Please see detailed terms overleaf. Are there any interested parties?............. Yes / No ...................................................................................................................... CONNECTED PERSONS AND PERSONAL INTERESTS 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. Are you aware of any such relationship?.....Yes / No SPECIAL ARRANGEMENTS For Sale Sign .................................................................................. Yes / No Appointment with Financial Advisor ................................................ Yes / No Key #.............................................. Alarm Code......................................... ENERGY PERFORMANCE CERTIFICATE In signing this agreement you acknowledge that you are required to provide an up to date EPC for your property. Your options are as follows:

Tel................................................... Tel........................................................

I have an up to date EPC and will provide a copy....................... Yes / No

Mobile............................................. Mobile . ...............................................

I will order an EPC within 7 days, provide evidence that an order has been placed and provide a copy of the EPC within 21 days....... Yes / No

Email.............................................................................................................. MARKETING / ASKING PRICE (not a valuation) £ ................................................................................................................... AGENCY TERMS You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the property have been exchanged, with a purchaser introduced by us during our agency period, or with whom we have had negotiations about your property with during that period; Or, if Sole Agency is selected, with a purchaser introduced by another Agent during that period. SOLE AGENCY We will act as your Sole Agents for a minimum period of 12 weeks and will continue thereafter unless either party gives 21 days written notice after the sole agency period. If another agency is appointed the fee will increase to our standard multi-agency rate at 2% of the final selling price. MULTI AGENCY We will act as your Agent until either party gives 21 days written notice. AGENCY RATE + VAT All fees are subject to VAT at the current rate and are subject to a minimum of £1,950 + VAT. Withdrawal charges may apply, please see terms overleaf. Agency type agreed, Sole Agency o, Multi Agency o Sole Agency 1.2% +VAT of final selling price ...................................................................................................................... Multi Agency 2.2% + VAT of final selling price ...................................................................................................................... ADDITIONAL SERVICES

I will pay you £ ............ +VAT to prepare an EPC on my behalf... Yes / No You need not make any payment for the EPC now. We will fund it whilst you are on the market with us and if you sell through us the £ ............ +VAT cost will be added to our fees. If you discontinue this contract for any reason you agree to reimburse us immediately. It is a condition of this contract that it continues until any outstanding liability for the EPC is cleared.......................................................................................... Yes / No NOTICE OF THE RIGHT TO CANCEL If this agreement has been completed in your home or place of work and not within the premises of the Agent you have the right to cancel the contract if you wish. This right can be exercised by delivering, or sending (including by electronic mail) a cancellation notice to the office manager within the period of 7 days starting on the day you receive this notice. The cancellation notice should be sent to Fine & Country 52 Church Road, Hove, East Sussex BN3 2FN or by email to sales@sawyerandco.co.uk You may wish to use the cancellation form provided below. The notice of cancellation is deemed to be served as soon as it is posted or emailed to us. You are at liberty in law to instruct us to begin work immediately on the understanding that you will be liable to pay for work undertaken or services received up to the time of any cancellation. Regulations applicable ................................................................... Yes / No Immediate start................................................................................ Yes / No Wait seven days to begin / Date to start marketing......................... Yes / No CLIENT AUTHORISATION I am entitled to sell the property and have read, understood and agree to the terms of this agreement. Signed...........................................................................................................

rightmove.co.uk Premium Display.........................£................+VAT Yes / No

Print................................................ Date.....................................................

zoopla.co.uk Premium Display..............................£................+VAT Yes / No

Signed............................................

primelocation.com Premium Display.....................£................+VAT Yes / No findaproperty.com Premium Display.....................£................+VAT Yes / No

Print................................................ Date.....................................................

Floorplans..............................................................£................+VAT Yes / No Full Page Advert....................................................£................+VAT Yes / No ONWARD PURCHASE REQUIREMENTS Chain ............................................................................................... Yes / No Area................................................ Bedrooms............................................ Price range.................................................................................................... Address if already purchased.......................................................................

AGENT AUTHORISATION Signed on behalf of the Agent Signed............................................ Print..................................................... Date................................................ Tel........................................................ Position........................................... Office...................................................


RESIDENTIAL SALES MARKETING AGREEMENT

Property DESCRIPTION It is a legal requirement that the property is presented accurately and in a way that will not mislead. Please answer the questions below to the best of your knowledge. SERVICES Are following services connected to the property?

Supplier

Electricity........................................Yes / No .................................................. Gas.................................................Yes / No................................................... Water..............................................Yes / No................................................... Telephone ......................................Yes / No................................................... Drainage.........................................Yes / No................................................... Are any of the services disconnected ?........................................... Yes / No

VENDOR CONFIRMATION I confirm that to the best of my 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 and changes I will notify the Agent in writing. Signed........................................................................................................... Print................................................ Date..................................................... Signed........................................................................................................... Print................................................ Date.....................................................

If yes give details........................................................................................... Does the property have Central Heating? . ..................................... Yes / No What fuel does it use?...................................................................................

CLIENT IDENTITY

Are there any defects with the hot or cold water system?............... Yes / No

Estate agents are required to prove the identity of clients selling property prior to the commencement of marketing. Two forms of identity are required: A document identifying the person(s): A current full passport; Resident permit issued by Home Office; Current UK driving Licence*; State Pension or Benefit’s book*; Inland Revenue tax notifications.

If yes give details........................................................................................... TENURE Freehold o / Leasehold o............................................................................ Length of Lease.............................. Commencement date.......................... Ground Rent £................................ Maintenance £..................................... Freeholder..................................................................................................... PLANNING MATTERS Is the property in a conservation area?.......................Yes / No / Don’t Know Is the property a listed building? . ..............................Yes / No / Don’t Know Are you aware of any planning applications in the locality which if approved affect the property?......... Yes / No / Don’t Know (If yes give details) ...................................................................................................................... Is the access road made up and adopted? . .................................. Yes / No Is the property affected by rights of way? . ................Yes / No / Don’t Know Are there any proposals or disputes which affect the property - either with an individual or any public body?............ Yes / No / Don’t Know (If yes give details) Are there any shared or communal facilities? (eg. Gardens, drying areas, TV aerials) ....................................................................................... Yes / No

Document produced..................................................................................... And an address linking document: A utility bill; Local authority rent book or tenancy agreement; Recent mortgage statement; Bank/Building Society statement; Current UK Driving licence*;State Pension book*; Council Tax bill. Documents marked with a* can be used to confirm name or address but not both. Document produced..................................................................................... I have verified the identity of the Seller(s) by checking the original documentation listed above Signed............................................ Print..................................................... Date................................................ Tel ....................................................... Position........................................... Office................................................... Signed on behalf of the Agent

Are there any restricted covenants affecting the property?..........................

Cancellation Notice. Only complete, detach and return this section of the form if you wish to cancel the contract within the 7 day cooling Are there any tree preservation orders affecting the property?.................... off period, if applicable. This is not a dis-instruction form. To: Fine & ....................................................................................Yes / No / Don’t Know Country 52 Church Road, Hove, East Sussex BN3 2FN Has the property been extended? .................................................. Yes / No I /We hereby give notice that I/We wish to cancel my/our contract as Was planning permission granted? ................................................ Yes / No described below. ....................................................................................Yes / No / Don’t Know

Did it comply with building regulations? ......................................... Yes / No Are copies of planning permission available? ................................ Yes / No What was the date of the extension? ........................................................... If the extension was built after 01/04/1991 it could result in the authorities raising the property into a higher council tax banding. The higher tax payment would come into effect upon completion of the sale of the property. Is the garage / parking space within your garden boundary?......... Yes / No Have you carried out any improvements or alterations to the property? ...................................................................................................................... Are there any guarantees affecting the property? ......................................................................................................................

NAME(s) OF SELLER(s) ...................................................................................................................... ...................................................................................................................... ADDRESS OF PROPERTY ...................................................................................................................... ...................................................................................................................... Signed........................................................................................................... Print................................................ Date.....................................................

Sawyer & Co trading as Fine & Country 52 Church Road, Hove, East Sussex BN3 2FN T 01273 778844 F 01273 710698 E hove@sawyerandco.co.uk W www.sawyerandco.co.uk


TERMS AND CONDITIONS OMBUDSMAN SCHEME The Agent is a member of the TPOS (The Property Ombudsman Scheme) and follows the TPOS Code of Practice. The Client agrees that the Agent may give information about the sale of the Client’s property to the Ombudsman, if the Client has registered a complaint and he asks for that information. The Client also agrees that the Agent may give the Client’s contact details to TPOS (if they ask for it) to help them monitor how the Agent is following the Code of Practice. A copy of the Code of Practice and the Consumer Guide us available from www.tpos.co.uk

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

In the event that you have a complaint about our service please discuss it with the branch manager. In the unlikely event that it can not be resolved the vendor has the right of referral to the TPO.

DISCRIMINATION The Agent will not discriminate against any person under the definitions of The Sex Discrimination Act 1975, The Race Relations Act 1976 or The Equality Act 2006. The Agent will not discriminate, or threaten to discriminate against any prospective Buyer of the Client’s property because that person is, will not be, or is unlikely to be accepting services that the Agent will (directly or indirectly) provide.

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.

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.

IMMEDIATE START & WITHDRAWAL CHARGES Under the ‘The Right to Cancel a Contract made in the Consumers Home or Place of Work Regulations 2008’ if you have instructed the Agent to commence marketing immediately and then cancel the contract (if applicable) within the first 7 days, you will be liable to a withdrawal fee. This fee will be calculated on the amount of work and the services which the Agent has provided during the period up to the point of cancellation. This would also include commission if a buyer introduced by us purchases your property as explained under Fee Entitlement.

COMMISSION 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. The Agent has a specific entitlement to a fee if: The property is sold to a family member; 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; The Agent finds a Ready, Willing and Able Buyer and the seller withdraws for any reason after contracts are exchanged.

FOR SALE SIGN The town and country planning regulations permit the display of one advertisement, consisting of a single board or two boards joined back to back. You hereby 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. Please note the seller is not entitled to make a claim if there is any damage due to erecting a For Sale sign. ENERGY PERFORMANCE CERTIFICATES Energy Performance Certificates (EPCs) give information on how to make your home more energy efficient and reduce carbon dioxide emissions. 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 secure that a valid energy performance certificate is obtained for the property before the end of a period of 28 days starting with the day on which the property was first put on the market. We can arrange an EPC for you, see overleaf or you may wish to provide your own. In the event that you supply your own EPC we need a copy before 28 days from the start of this contract or we will be obliged to suspend marketing until it is made available to us. PROPERTY DESCRIPTION It is a legal requirement that your property is presented accurately and in a way that will not mislead. You therefore agree to check the sales particulars and advertising description and notify the Agent immediately of any inaccuracies. You must also confirm any information provided by you is true and supply documentary evidence to substantiate any claims made. We reserve the right to start marketing with draft particular.. SUB-AGENT We reserve the right to use sub Agents to assist in the marketing of the property. Signing this agreement gives us specific authorisation.

We will have a commission fee entitlement if you terminate our agreement and then sell your property to a buyer introduced by us within six months of the date our agreement ends. However we give up that right to a commission if a buyer introduced by us goes on to buy the property through another estate Agent, where the buyer is introduced to you by the other estate Agent more than six months after our agreement ended. If no other estate Agent is involved, this time limit will not apply. 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 generally 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). 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 nevertheless be entitled to commission if it transpires we were the ‘effective cause of sale’). 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 7 days of completion, any discount will become void and our charges will revert to our sole agency rate. Interest will also be added at a rate of 3% above Clearing Bank base rate from the date of completion. DUAL FEE WARNING Please remember if you have instructed another 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 also remember that if a multiple agency arises you may be liable to pay a higher fee and another fee TERMINATION If the agreement is terminated prior to term but the property is not withdrawn from the market completely for a consecutive period of at least three months, then the agreement shall recommence for the full period from the date of remarketing. Please note that if a multiple agency arises you may be liable to pay a higher fee and another fee.

This form is copyright. Designed and produced by designhaus.eu T 01908 699840 W designhaus.eu

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