Terms & Conditions

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Terms and Conditions of Business of National Residential

Between Property Owners Selling Property Through or To National Residential.

1. DEFINITIONS

The following expressions shall have the following meanings:

“Agent” means “National Residential” of 1 Hunters Walk, Canal Street, Chester CH1 4EB;
“Client” means any person who purchases Services from the Agent;
“Owner” means the owner of the Property who signs the Agreement with the Agent for the sale of the Property;
“Agreement” means a proposal, registration form, quotation or other similar object describing the Services;
“Services” means the agency services as described in the Agreement;
“Property” means the property which belongs to the Client and is to be sold by the Agent;
“Buyer” means the person contracted to purchase the Property from the Client;
“Fees” means the agency commission due to the Agent from the Client for providing the Services;
“Reserve Price” the minimum price the Owner agrees the Agent can sell the Property for;
“Selling Price” means the final agreed selling price the owner agrees with a third-party buyer when subject to these Terms and conditions
“Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Agent;
“Agreement” means the contract between the Agent and the Client for the provision of the Services incorporating these Terms and Conditions;
Arbitrator” is the party nominated to resolve a dispute between the Agent and the Client.

2. GENERAL

These Terms and Conditions shall apply to the Agreement for the supply of Services by the Agent to the Client and shall supersede any other documentation or communication between parties.
Any variation to these Terms and Conditions must be agreed in writing by the Agent.
Terms and Conditions shall be attached to any Sole Selling Rights Agreement (the “Agreement”) and signed and returned to the Agent by the Client.
Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled in relation to the Services, by virtue of any statute, law or regulation.

3. SALES AGREEMENT TERMS

Click to expand.

SOLE SELLING RIGHTS AGREEMENT

SOLE SELLING RIGHTS AGREEMENT (the “SSR Agreement”) between the Owners named overleaf (“You/ Your”) and The Online National Residential Estate Agency of 1 Hunters Walk, Chester, Cheshire CH1 4EB (“Agent/ Us/ We”).

Sole Selling Rights and Appointment of Agent
This is a Sole Selling Rights Agreement between You and Us. You grant Us exclusive authority to market and sell Your Property at the Marketing Price to achieve a sale at or above the Reserve Price, as specified on Page 1. “Sole Selling Rights” means We are entitled to a fee if contracts are exchanged with any Purchaser introduced by Us, another agent, or You during the Term. Fee calculation and payment terms are set out in Clause 11. We may appoint third parties to fulfil Our obligations.
SSR Fee
You agree to pay Us a Commission Fee (the Sole Selling Rights “SSR Fee”) of 1.8% (incl. VAT) of the final selling price paid by the Purchaser. The SSR Fee is subject to a minimum fee of £2,400 incl. VAT, as specified on Page 1 of this Agreement. You are also responsible for paying your own legal fees.
Buyer’s Fee
In addition to the SSR Fee, We may charge the Purchaser a Buyer’s Fee of up to 3.6% (incl. VAT) of the final selling price, subject to a minimum fee of £6,000 incl. VAT. The Buyer’s Fee is specified on Page 1 of this Agreement and will be disclosed in our marketing particulars.
Purchaser Definition
A Purchaser is defined as any party who enters into a legally binding contract to purchase the Property at or above the Reserve Price, or at a lower price expressly agreed by You in writing. Any offer made below the Reserve Price will not constitute an obligation to sell unless expressly confirmed in writing by You.
No Guarantee of Sale
You acknowledge that while We will use all reasonable efforts to agree a sale of the Property, there is no guarantee of sale. Should We be unable to agree a sale to a Purchaser within the term of this Agreement, You may cancel this Agreement at no cost to You.
Term and Termination
This Agreement has a minimum term of 8 weeks. After 6 weeks, You may give Us 14 days’ notice to cancel, after which the Agreement will end.
Extension of Agreement
If a Purchaser is found during the term, this Agreement extends automatically until the Completion Date. The Completion Date is the date agreed between Your Solicitor and the Purchaser’s Solicitor.
Conditions of Sale
This Agreement and any subsequent sale to a Purchaser are subject to the following conditions:
a. Satisfactory replies to land registry title, local authority searches, mining, drainage, and other relevant searches, as well as planning and building regulations compliance in respect of the Property.
b. The Purchaser obtaining a survey and/or valuation acceptable to the Purchaser.
These are standard conditions but do not automatically grant the buyer an unrestricted right to withdraw.
Purchaser Holding Deposit, Buyer’s Fee, and Completion Timescale
The Purchaser must pay a Holding Deposit of 2% of the purchase price (minimum £5,000) and/or a Buyer’s Fee as specified in Clause 3, subject to a maximum of 3.6% (incl. VAT) of the final selling price (minimum £6,000). The Purchaser must complete within 56 days unless otherwise agreed in writing by all parties. If completion is delayed beyond this period and Clause 8 has been satisfied (unless delayed by the Purchaser), You may serve a 14-day notice to complete, provided Your Solicitor is ready to exchange. If the Purchaser fails to complete, any Holding Deposit and Buyer’s Fee already paid will be forfeited, and You may cancel the sale without liability for any fees, unless Clause 12 applies.
Land Registry Restriction
If the Property is sold to a Purchaser or You breach this Agreement (as defined in Clause 11), You consent to the following restriction being registered on the title at the Land Registry until all Fees due (as defined in Clauses 2 and 3) or the Breach Fee (as defined in Clause 11.2) ), and any disbursements or costs covered by Us on Your behalf (as defined in Clause 12) are repaid in full, or it is confirmed that no such payment is required:
“No disposition of the registered estate by the proprietor of the registered estate is to be registered without written consent from The Online National Residential Estate Agency Limited, 1 Hunters Walk, Chester, Cheshire CH1 4EB.”
This restriction will remain in place until the fee obligations are satisfied, or it is confirmed in writing that the fees are not applicable
Liability to Pay Commission Fees and Breach Fees11.1 When Fees Are Payable: You shall be liable to pay Us the Commission (“SSR Fee”) and/or a Breach Fee within 14 days of the event that triggers the payment obligation, or within such other time period as agreed in writing, if:
(a) You withdraw or terminate this Agreement after the 14-day cancellation period without completing the full 8-week term or without providing the required 14 days’ notice (Clause 6).
(b) You sell the Property to a Purchaser introduced during the term of this Agreement and fail to pay Us—whether the Purchaser was directly sourced by Us or found by another agent, Yourself, or otherwise. This liability applies if exchange of contracts or completion takes place within 12 months of this Agreement ending (when another agent is involved) or within two years (if no other agent is involved).
(c) We introduce a Purchaser willing to purchase at or above the Reserve Price (or at a lower price agreed in writing), but You withdraw, delay, or fail to proceed with the sale.
(d) You withdraw after receiving substantial assistance from Us, including but not limited to the resolution of tenant-related issues, coordination of repairs, or the payment of fees on Your behalf as detailed in Clause 12.11.2 Breach Fee Calculation: The Breach Fee shall equal the sum of the SSR Fee (Clause 2) and Buyer’s Fee (Clause 3), subject to a minimum of £8,400 incl. VAT, plus any additional disbursements, legal costs, or expenses incurred by Us in connection with recovering the fee or addressing the breach.
Withdrawal After Agent’s Assistance and Disbursement FeesIf We assist You in resolving any issues related to selling Your Property—whether through expertise, industry contacts, or by covering disbursement fees (e.g., eviction proceedings, tenant negotiations, property repairs, lease/title resolutions)—and You withdraw before or after marketing begins, You must comply with Clause 6.If You withdraw early, You will be liable for the Breach Fee (Clause 11.2) to cover Our time, costs, and expenses.Regardless of whether the sale completes, You must fully reimburse Us for all disbursements, costs, and fees paid on Your behalf.
Complaints Procedure
We have an internal complaints procedure, details of which are available upon request by emailing info@national-residential.co.uk or calling 01244 341066. We are members of the Property Ombudsman, and their contact details are as follows:
• The Property Ombudsman, 6th Floor, 125 Albert Street, London, NW1 7NE
• Website: www.tpos.co.uk
Additional Terms
The terms of this Agreement are supplemental to Our full legal terms available online at https://national-residential.co.uk/legal. Online terms include GDPR compliance and other privacy-related policies regarding how we handle Your data. You agree to these terms and acknowledge the recommendation to seek independent legal advice.

FIXED OPTION SALES AGREEMENT

FIXED OPTION SALES AGREEMENT between the Owners named overleaf (“You/ Your”) and The Online National Residential Estate Agency of 1 Hunters Walk, Chester, Cheshire CH1 4EB (“Agent/ Us/ We”).

Sale of the Property
The Owner agrees to sell the Property for the Purchase Price as specified on Page 1 of the Agreement.
Grant of Option to Purchase
In consideration of the Option Fee (minimum £1), receipt of which the Owner acknowledges, the Owner grants Nationwide Property Developments Limited (“NPD”) the exclusive right to purchase the Property for the Purchase Price at any time during the term of this Agreement.
Option to Sell and Sole Selling Rights
The Owner further agrees to:
(a) Grant NPD the right to sell the Property at any time during the term to any Purchaser (a “Purchaser” being any party agreeing to purchase the Property for at least the Purchase Price—or any lower price mutually agreed with the Owner in writing—on the terms set out herein); and
(b) Enter into a Sole Selling Rights (SSR) Agreement with The Online National Residential Estate Agency Limited (“Agent”). The Owner acknowledges that NPD has appointed the Agent with full, exclusive, and irrevocable authority to market, sell, resolve issues, and collect all fees and costs under this Agreement. By signing, the Owner confirms that they are simultaneously entering into both this Option Agreement with NPD and the SSR agreement with the Agent.
Appointment of Third Parties
The Owner further authorises the Agent to appoint third parties to perform any obligations hereunder, and all such actions shall be binding on the Owner.
Payment of Release Sum and Reimbursement of Disbursements
Upon sale completion, the Owner shall pay the Agent the Release Sum, which is the difference between the Purchaser’s price and the agreed Purchase Price and is VAT-exempt. From the Release Sum, the Agent will pay £720 (including VAT) toward legal fees if the Owner uses a panel solicitor recommended by the Agent. If this Agreement is breached (Clause 12) or if the Agent provides substantial assistance (Clause 13), the Owner must fully reimburse the Agent for all disbursements, costs, fees, and expenses incurred in connection with the marketing, sale, or issue resolution, whether or not the sale is completed.
No Guarantee of Sale
The Owner acknowledges that a sale is not guaranteed. If NPD does not exercise its purchase option and the Agent fails to secure a sale to a Purchaser within the Agreement term (Clause 7), the Owner may cancel this Agreement. However, cancellation does not exempt the Owner from reimbursing the Agent for all disbursements, costs, fees, and expenses, including legal and third-party costs incurred under Clause 13.
Term and Cancellation
This Agreement has an 8-week term from the later of:
(a) The date of signing, or
(b) The marketing date specified on Page 1 (Commencement Date).
The Agreement shall continue until the Owner provides the Agent with 14 days’ written cancellation notice, which may be given no earlier than 6 weeks from the Commencement Date.
The Owner may not unilaterally increase the Purchase Price unless agreed in writing. If the Commencement Date is delayed due to the Agent providing assistance (Clauses 9 and 13), such delay shall not entitle the Owner to withdraw or increase the Purchase Price.
Extension of Term Until Completion Date
If the Property is sold to a Purchaser, this Agreement shall automatically extend until the Completion Date—the date agreed between the Owner’s and the Purchaser’s solicitors—which shall take into account any delays incurred in resolving issues as provided in Clauses 9 and 13.
Conditions of Sale
The sale is subject to:
(a) Satisfactory title, local authority, mining, drainage, and other relevant searches, plus compliance with planning and building regulations.
(b) The Purchaser obtaining an acceptable survey/valuation.
However, these conditions do not grant the Purchaser an automatic right to withdraw without risking forfeiture of the Holding Deposit (see Clause 10).
Purchaser’s Holding Deposit and Completion Timeline
The Purchaser shall pay a 2% Holding Deposit (£5,000 min., unless agreed otherwise in writing) and use best efforts to complete within 56 days, unless extended by mutual agreement. If completion does not occur within this period and Clauses 9 & 13 are satisfied, the Owner may issue a 14-day notice to complete, provided their solicitor is ready to exchange. Failure to complete within the notice period or a price reduction attempt may forfeit the Holding Deposit. The Owner may cancel the sale without an Agent’s fee unless Clause 13 applies, requiring either further marketing or payment of the Breach Fee and Disbursements.
Land Registry Restriction
If the Property is sold to a Purchaser or if the Owner breaches this Agreement (Clause 12), the Owner consents to a restriction on the Land Registry title until all amounts due under this Agreement are paid, including:
• The Release Sum (Clause 5)
• The Breach Fee (Clause 12)
• Any disbursements, costs, or fees incurred by the Agent (Clause 13)
Restriction wording:
“No disposition of the registered estate by the proprietor is to be registered without written consent from Nationwide Property Developments Limited, 1 Hunters Walk, Chester, Cheshire CH1 4EB.”
The restriction shall be removed at no cost to the Owner once all payments due under this Agreement are settled.
Breach of Agreement, Breach Fee and Disbursement Fees
The Owner will be in breach and liable for a Breach Fee if they:
(a) Withdraw or terminate this Agreement early without fulfilling the 8-week term and 14-day notice period (Clause 7).
(b) Sell the Property to a Purchaser introduced under this Agreement but fail to pay the Agent. This applies even if the Purchaser was introduced by another party and remains in effect if the sale completes within 12 months of termination (if another agent was involved) or within two years (if no other agent was involved).
(c) Withdraw after the Agent secures a sale at the agreed Purchase Price (or a lower price agreed in writing).
Breach Fee Calculation: The higher of:
• The Release Sum (Clause 5)
• 5% of the Purchase Price (Page 1)
• £10,000
Additionally, the Owner must reimburse all disbursements and legal costs (Clause 5).
Withdrawal After Agent Assistance
If the Agent assists with vacant possession, repairs, title issues, or third-party engagement, and the Owner withdraws before or after marketing, the Owner must:
• Fulfil the 8-week term
• Provide 14 days’ written notice (Clause 7)
• Not increase the Purchase Price
If the Owner withdraws early or increases the Purchase Price, they are liable for the Breach Fee (Clause 12) and must reimburse all incurred costs (Clause 5).
Complaints Procedure
We have an internal complaints procedure, details of which are available upon request by emailing info@national-residential.co.uk or calling 01244 341066. We are members of the Property Ombudsman, whose contact details are:
– The Property Ombudsman, 6th Floor, 125 Albert Street, London, NW1 7NE
– Website: www.tpos.co.uk
Additional Terms and Jurisdiction
These terms supplement the Agent’s full legal terms at https://national-residential.co.uk/legal which cover GDPR compliance, privacy policies, and English court jurisdiction. The Owner agrees to these terms and is advised to seek independent legal advice

PURCHASE AGREEMENT TERMS

PURCHASERS TERMS AND CONDITIONS between purchasers (“You/ Your”) and The Online National Residential Estate Agency of 1 Hunters Walk, Chester, Cheshire CH1 4EB (“Agent/ Us/ We”).

Please note: that should an issue be identified during the conveyancing process, and that issue can be fully resolved or a commercial indemnity policy can be obtained by the Vendor’s solicitor to protect against loss arising from the problem, or the vendor can pay costs to resolve the matter (such as paying Section 20 costs and service charge arrears) the Purchaser will be expected to accept the use of this indemnity policy and to complete their purchase in default of which the Purchaser will lose their Deposit and/or Buyers Fee.We operate the website http://www.national-residential.co.uk We are ‘The Online National Residential Estate Agency Limited’ (trading as “National Residential”), a company registered in England and Wales under Company Number 06421548 and with our registered office at Suite G13, Cheadle Place, Stockport Road, Cheadle, Cheshire SK8 2GL. Our main trading address is 1 Hunters Walk, Chester, Cheshire CH1 4EB. Our VAT number is GB 278739539

National Residential is acting as an agent under instruction from our client, the ‘Vendor’, to achieve a quick sale for their property. Our client is therefore prepared to accept a suitable offer made by you exclusively in return for an accelerated completion within 56 days and a purchaser paying a Deposit and/or Buyers Fee

The Terms detailed in this Agreement are supplemental to National Residential ‘Online Bidding Terms and Conditions’ – please refer to: https://national-residential.co.uk/downloads/NationalResidential_OnlineBiddingTerms.pdf

The Purchaser agrees that by signing this Purchasers Agreement he also agrees to these ‘Online Bidding Terms and Conditions.’

Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

Please read this information carefully as it is binding if you go ahead:

1. Purchasers will pay a non-refundable sum (The “Deposit”) of 2% of the Total Purchase Price or £5000 whichever is the greater to National Residential to hold on behalf of the Vendor within 24 hours of the Purchasers’ acceptance of these terms. National Residential will hold this Deposit in their client account. Purchasers may also be required to pay a Buyers Fee of 3.6% (min £6000 including VAT) and make a payment to cover the cost of ordering searches.

2. The Deposit is not an extra cost and will be credited towards the Purchase Price on completion.

3. All sales are subject to contract.

4. Purchasers must be in a position to complete within 56 days of an accepted bid otherwise they risk losing their Deposit.

5. There may be circumstances where the Vendor requires more time to resolve issues required by the Purchasers conveyancer so completion can take place. This would include resolving tenant issues and lease issues and making repairs to a property but can include other matters. In such circumstances, the Purchaser agrees to extend the time period for completion to take place from 56 days to a maximum of 12 months (unless a longer time frame is mutually agreed). If Purchasers are unwilling or unable to agree to a maximum 12-month delay for any reason they must specify this in writing along with the maximum time frame they will allow before paying their Holding Deposit and /or Buyers Fee. Please refer to clause 4 of the ‘Online Bidding Terms and Conditions’ for further details.

6. The Deposit and/or Buyer Fee is only fully refundable should the Vendor decide to withdraw from sale or is unable to complete the sale of the property for any reason.

7. In addition to Clause 6, there may be additional circumstances under which National Residential may agree to refund a Deposit and/or Buyers Fee to the Purchaser. These circumstances include:

7.1. Serious structural problems identified by a qualified structural surveyor that cause the property to be unmortgageable. These include problems such as subsidence, ongoing movement, or Japanese Knotweed located withing the boundary and within 7 meters of the property.Please note: that should a ‘potential’ structural issue be identified by surveyor carrying out a summary condition survey for a mortgage or Home Buyers Survey then the Purchaser will agree to instruct a fully qualified Chartered Structural Surveyor and other specialist surveyors to confirm whether the potential problem exists or not.

Furthermore, if the Vendor is willing and able to remedy such issues to the satisfaction of the Chartered Structural Surveyor and/or mortgage lender, the Purchaser will be expected to accept such remedy and to complete their purchase in default of which Purchaser will lose their Deposit/Buyers Fee.

IMPORTANT – Purchasers must provide us with the results of any surveys within 28 days of paying a Deposit as no Deposit and/or Buyers Fee refunds will be considered under any circumstances should survey results be provided after 28 days, regardless of whether they reveal any serious issues or not.

7.2. Problems arising with Land Registry Title; Lease; and/or Local Searches, that cannot be reasonably rectified by the Vendor’s conveyancer or reasonably mitigated by way of a commercially available insurance policy.

8. Other than as stated in Clauses 6, 7.1 and 7.2 above, the Deposit is non-refundable under all other circumstances and should the Purchaser withdraw their offer, attempt to reduce their offer, or not complete the purchase in the agreed timescale of 56 days (or any other such extended timescale up to 12 months as agreed with the Vendor to resolve conveyancing enquiries, lease issues and tenant matters), the Purchaser will lose their Deposit and/or Buyers Fee

9. The Purchaser agrees that should any dispute arise regarding refunding the Deposit, and/or Buyers Fee that the decision of National Residential is final. The Purchaser also agrees to resolve any disputes through our complaints procedure as detailed in Clause 17 below.

10. In addition to paying the Deposit and/or Buyers Fee, Purchasers must provide: (i) proof of funds, mortgage agreement in principle (AIP), (iii) a signed Purchasers Agreement; and (iv) proof of identification, before their offer is accepted

11. Purchasers will also be required to pay National Residential fees for applying for searches immediately on agreeing the sale. We will forward these searches to the Purchasers conveyancer and Purchasers must instruct their conveyancer to use these searches. If searches results are not provided within 28 days no refund of Deposit and/or Buyers Fee will be considered should any issues be raised.

12. The Purchasers must submit their mortgage application and pay for their mortgage survey within 48 hours of the Purchasers acceptance of these terms. Once a mortgage offer has been submitted then it cannot be changed and attempting to do so will be taken as a withdrawal from this Purchase Agreement with the consequent loss of the Deposit.

13. By agreeing to purchase this Property and by acceptance of these terms, Purchasers authorise their mortgage broker and conveyancer to deal with National Residential and provide National Residential with any information they may reasonably require about the progress of the sale

14. Where Purchasers do not adhere to these terms or in the reasonable opinion of National Residential cause undue delays or if the Purchaser is not ready to complete within 56 days and the Vendor is able to complete then National Residential may give 14 days written notice to the Purchaser of termination of this agreement and immediately proceed with a sale to another prospective Purchasers and the Purchaser will lose their Deposit and Search Fees (along with any other expenses they may have paid).

15. Events Outside our Control

15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control as defined in clause 15.2 below.15.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limit strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, closure or suspension of banks or other financial institutions, failure of public or private communications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

15.3.1. We will contact you as soon as reasonably possible to notify you; and

15.3.2. Our obligations under this agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15.4. If Purchasers seek to withdraw from their purchase citing the current Corona Virus pandemic and/or government lock-down then no refund of Holding Deposit or Buyers Fees will be provided as it is a personal choice of the Purchaser should they chose to withdraw.

16. Jurisdiction

Any and all disputes however arising out of or in connection with this Agreement shall
be governed by and construed in accordance with the laws of England and the English Courts shall have exclusive jurisdiction.

17. Complaints

National Residential has an internal complaints procedure, details of which are
available upon request by calling 01244 341066 or emailing info@national-residential.co.uk. National Residential is also a member of The Property Ombudsman Scheme (http://www.tpos.co.uk) should you feel it necessary to continue with your complaint.

4. SERVICES

The Services are as described in the Agreement.
Any variation to the Services must be agreed by the Agent in writing.
The Services shall commence and finish on the dates specified on the Agreement where appropriate unless terminated according to the terms of this Agreement.
Dates given for the commencement of the Services are estimates only and not guaranteed. Time for commencement shall not be of the essence of the Agreement and the Agent shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.

5. FOR SALE BOARDS

The Seller consents to the Agent erecting a display board at the Property to assist in the marketing of the Property and the Agent shall adhere to the relevant statutory regulations relating to the display of such boards.

6. PRICE AND PAYMENT OF FEES

The price for Services is as specified in the Agreement and is subject to VAT any other charges as outlined in that Agreement.
The terms for payment of the Fees and any other charges are as specified in the Agreement.
The Fees shall become due on the completion of the contract of sale of the Property.
The Client shall be liable for all agreed expenses due to the Agent.
The Client must settle all payments as specified in the Agreement and are due within 7 days of completion of sale of the Property as determined by the Agent.
The Client will pay interest on all late payments at a rate of 4% per annum above the base lending rate of National Westminster Bank plc
The Agent is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to the Agent is late.
The Client is not entitled to withhold any monies due to the Agent.
The Agent is entitled to vary the price to take account of:
1. any additional Services requested by the Client which were not included in the original Agreement;
2. any reasonable increase in rates, if applicable;
  and any variation must be intimated to the Client in writing by the Agent.
In the event that the Client seeks to cancel the Agreement for Services the Client shall be responsible to pay the Agent for any expenses incurred up to that date.

7. CLIENT OBLIGATIONS

The Client agrees to co-operate with the Agent as may be required.
The Client shall provide the Agent with keys to the Property if the Agent is to be responsible for viewings.
The Client shall permit the Agent access to the Property for the purpose of preparing marketing materials and accompanied viewings for potential purchasers.
The Client remains responsible for the Property throughout the period of this Agreement and is advised to take proper precautions for unoccupied dwellings.
The Client shall instruct an Energy Performance Certificate for the Property prior to the marketing of the Property, or the Client shall authorise the Agent to instruct an Energy Performance Certificate on their behalf.
The Client shall be responsible for the costs of the Energy Performance Certificate.
If an accepted Buyer withdraws from an agreed sale for any reason, the Client shall agree to extend our contract for 8 weeks from the date of withdrawal so that We can relist the property, failing which, the Client will be subject to costs involved in a breach of contract as detailed in Section 11, clause 4, point vi.

8. SCOTLAND HOME REPORTS

To adhere to Part 5 of the Housing Act 2004, marketing will not commence on your property until we are in possession of a valid Home Report. Therefore please treat any requests from the Home Report Companies as a matter of priority.

The Client shall ensure a Home Report is obtained prior to the marketing of the Property or instruct and co-operate fully with the Agent in the preparation of such a report.
The Client is responsible for all costs relating to the provision of the Home Report.

9. AGENT OBLIGATIONS

The Agent shall supply the Services as specified in the Agreement.
The Agent shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
The Agent shall be a member of an accredited redress scheme in compliance with the Consumers, Estate Agents and Redress Act 2007.
The Agent shall forward all offers to purchase the Property to the Client or their appointed representative promptly and accurately unless the offer is of a type that the Client has specifically requested the Agent not to pass on.
The Agent shall keep a record of all submitted offers on file and shall make that record available to the Client on request.
If the Agent has been asked by the Client to do so, the Agent shall accompany all potential purchasers, tradesmen or surveyors when they visit the Property and shall not permit any unaccompanied visits unless prior approval from the Client has been obtained.
The Agent shall seek to supervise any visitors to the Property but cannot be held responsible for the actions of any third parties.
The Agent shall take into consideration the prevailing market conditions when setting an asking price but confirms that this figure is not a formal valuation of the Property.
The Agent shall, if instructed by the Client, commission an Energy Performance Certificate prior to the marketing of the Property.
(FOR SCOTLAND) The Agent shall, if instructed by the Client, commission and prepare a Home Report prior to the marketing of the Property.

10. CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008 / THE BUSINESS PROTECTION FROM MISLEADING MARKETING REGULATIONS 2008

We are pleased to comply with all rules governing estate agents and as such we are committed to:

Ensure all information provided, whether in writing, in pictures or verbal, is accurate when advertising for new business or when marketing property.
Include all relevant and important information that consumers need to make informed decisions throughout the buying and selling process whether viewing a property, making an offer or instructing solicitors and surveyors.
Not putting pressure on consumers to act quickly to put in an offer, raise their price, skip the survey or exchange contracts.
Having an effective customer complaints procedure that is understood and followed by all staff who come into contact with the public as detailed in clause 3, point 16.

11. TERMINATION

Following the Sole Agency Period expiration, the Agreement will continue indefinitely until it is terminated by either party giving not less than 14 days written notice. Such notice shall take effect on the second business day after it was posted.
The Client may terminate the Agreement if the Agent fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 14 days after notification of non-compliance is given.
The Agent may terminate the Agreement if the Client has failed to make over any payment due within 14 days of the sum being requested.
Either party may terminate the Agreement by notice in writing to the other if:
1. the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
2. the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
3. the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
4. the other party ceases to carry on its business or substantially the whole of its business; or
5. the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
6. If the Client terminates this Agreement and is subsequently found to be in breach of these Terms and Conditions the Client must pay a breach fee which is calculated as the loss We will have incurred and is as follows for the different types of sale:
  1. SSR Agreements: 5.4% (inc VAT) of the Reserve Price subject to a minimum fee of £8,400 (this breach fee includes the 1.8% sellers commission plus the 3.6% buyers fee that would be lost due to the breach)
  2. Fixed Price Option Agreements:
    1. the amount equal to the difference between the Selling Price being paid by the third-party purchaser to the Owner and the Reserve Price; or
    2. 5% of the Reserve Price or the Selling Price (whichever is the greater); or
    3. £10,000 (Inc VAT)
  In addition to this breach fee, all other fees paid by Us to 3rd parties on behalf of the Client (e.g. Legal fees, tenant fees, property repairs etc), with or without their express instruction, must be repaid along with any cash advances also paid to the owner.
  
  The Client will be responsible for all legal fees incurred by Us in recovery of such fees paid to the owner.
In the event of termination the Client must make over to the Agent any payment for work done and expenses incurred up to the date of termination.
Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
If the Client rejects all offers made through The Agent and cancels their agreement with us, we may register a Unilateral Notice with the Land Registry on the Property so the Agent is informed when the Property is sold. If the Buyer has been introduced to The Client by the Agent, the Buyer must pay the Agent all fees due. If the Buyer has not been introduced to the Client by the Agent, the Agent will remove the notice.

12. ARBITRATION

Any dispute arising under these Agreements will be referred to and decided by The Property Ombudsman.
A party wishing to refer a dispute to The Property Ombudsman shall advise the other party of this intention in writing at any time during the term of this Agreement. The dispute must then be referred to The Property Ombudsman within seven (7) days of this intention being intimated.
The Property Ombudsman shall act impartially and be free to take the initiative in ascertaining the facts and the law. The Property Ombudsman must reach a decision within twenty eight (28) days of referral or such longer period as the parties may agree.
During the period of arbitration both parties must continue with their obligations as stated in this Agreement.
The decision of The Property Ombudsman is binding on both parties unless and until revised by legal proceedings or agreement by both parties.
The Property Ombudsman’s contact details are as follows:
• The Property Ombudsman, 6th Floor, 125 Albert Street, London, NW1 7NE
• Website: www.tpos.co.uk

13. WARRANTY

Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.

14. LIMITATION OF LIABILITY

Nothing in these Terms and Conditions shall exclude or limit the liability of the Agent for death or personal injury, however the Agent shall not be liable for any direct loss or damage suffered by the Client or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Agent in the insurance year in which the Client’s claim is first notified.

15. INDEMNITY

The Client shall indemnify the Agent against all claims, costs and expenses which the Agent may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.

16. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

17. ASSIGNMENT

The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Agent.

18. THIRD PARTY RIGHTS

Nothing in these Terms and Conditions intend to or confer any rights on a third party.

19. SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

20. WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

21. NOTICES

Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

22. ENTIRE AGREEMENT

These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.

23. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.