Terms and Conditions of Business Raffles Property Services
Terms and Conditions of Business This document sets out the terms and condition of business in accordance with the Estate Agents Act 1979 under which Raffles Property Services ‘The Agent’ will act for you ‘The Client’ in the sale of your property. The information provided here is important so please take the time to read it carefully and ask any questions regarding it before signing the Raffle Property Services agency agreement which will be given to “The Client” prior to marketing their property. Credit and debit card payments are accepted for payment in respect of the company’s marketing services and optional add on such as photography, sign boards, energy performance certificates, conveyancing products and so on. Please read these terms carefully before using the signing the agency agreement. The company cannot accept any liability if payment is refused, or declined, by the debit / credit card supplier. The company has no control over acceptance over acceptance of card payments and any refusal of payment should be taken up with your card supplier. Raffles Property Services does not store credit or debit card details of any kind. A receipt containing payment details will be e-mailed to you if you have supplied the system with a valid e-mail address during the transaction. Please keep a note of the transaction receipt number, as you will need to quote this if you have any queries with your payment. Your receipt will not show your debit / credit card details, so if your receipt is lost or stolen, your card details will remain confidential. Refunds Where an overpayment occurs a refund will be issued following a request. Where overpayment was initially made by debit/credit card, refunds shall normally be made by bank transfer. Where a payment by any means has been made to the company that payment is final and no refunds will be due. The company instigates various costs at the outset of a property being instructed to it and thus refunds will not be entertained where a customer changes their mind or is subject to a change of circumstances notwithstanding prevailing legislation including the Consumer Protection Regulations 2000 whereby commencement of performance of the contract is deemed to take place at the point that our assessors are instructed. In the event that a customer cancels within 14 days of payment but before 24 hours prior to the assessor home visit, a refund will be made assuming that no costs have been incurred by Raffles Property Services. By accepting an initial assessor visit this is deemed as express consent.
The Seller/Client agrees to instruct Raffles Property Services to market on the terms set out below.
- Package 1: £99 payable upfront
- Package 2: £195 payable upfront and £300 payable on completion
- Package 3: £395 payable upfront and £600 payable on completion
- Package 4: £1995 payable upon completion
You will become liable to pay Raffles Property Services this fee as and when one of the following occurs:
- On completion of the sale of your property through Raffles Property Services
- On withdrawal of your property from the market with Raffles Property Services within the 12 week sole agent contract
- All add-on will be payable.
We will act as your Sole Agents for a minimum period of 16 weeks and will continue thereafter unless either party gives 14 days written notice after the sole agency period. If another agency is appointed the fee will increase to our standard multi-agency rate, indicated above, of the final selling price. MULTI AGENCY We will act as your Agent until either party gives 14 days written notice.
TYPE OF AGENCY
You appoint ‘The Agent’ on the agency basis set out above for the duration of your Raffles Property Services Agreement. When signing the Raffles Property Services agreement you will be liable to pay the remuneration agreed as above to Raffles Property Services if at any time unconditional contracts for the sale of the property are exchanged with a purchaser introduced by us.
A Purchaser will be introduced to the property by ‘The Agent’ if their purchase is a reaction to any of our advertisements, displays, sales particulars, For Sale boards or sale stickers and/or has spoken to us about any aspect of the property and its marketing.
If you have previously instructed another Estate Agent for the sale of your property on a “Sole” or “Joint Sole” agency or a Sole Selling Rights” agency basis you may still be liable to pay remuneration to them if a sale is made to a person introduced to you by them.
DUEL LIABILITY WARNING
If the client has instructed another agent the client must check, whether by instructing this agent as well, the client will be liable to pay both estate agents.
FOR SALE BOARD
A sale board will be erected unless otherwise advised to assist in the sale of the property. Any such board will comply with the Town and Country Planning (Control of advertisements) Regulations 1992 as amended.
ENERGY PERFORMANCE CERTIFICATES (EPC)
In accordance with the housing ACT 1994 it is required that an EPC is commissioned before the marketing of a building can commence. ‘The Agent’ has to satisfy themselves that an EPC is either available or has been commissioned before they start marketing on behalf of the seller. If you already have an EPC this needs to be made available to us, if not we will be happy to take your instruction to commission the EPC.
CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS/PROPERTY MISDESCRIPTIONS ACT.
Under the Property Misdescriptions Act, it is a criminal offence for Estate Agents to give false or misleading information in relation to the description of the Property. The Seller agrees to provide ‘The Agent’ with accurate information about the Property to enable them to comply with this provision. If the Seller becomes aware of any matters that may affect the accuracy of the sales particulars, the Seller agrees to advise ‘The Agent’ immediately.
FIXTURES AND FITTINGS
To comply with the requirements of the Property Misdescriptions ACT 1991, all Fixtures and Fittings that are mentioned in the sales particulars will be deemed to be included in the sale unless otherwise specified in writing.
SETTLEMENT OF FEES
Commission fees are payable as a result of the circumstances outlined in this agreement. The invoice will be issued on unconditional exchange of contracts and is payable on completion of the sale.
The responsibility for payment remains with the client who agrees to instruct and authorize its legal representative to pay the account as above. In the event of any account remaining unpaid for more than 10 days from the date on which settlement becomes due ‘The Agent’ reserves the right to charge daily interest on the outstanding balance at an annual interest rate of 5% above the Barclays Bank plc. base rate then in force plus the reasonable cost of recovery of the debt outstanding.
By Law ‘The Agent’ must tell the client if ‘The Agent’ or any connected person intends to earn any commission from offering the client or buyer other services. If ‘The Agent’ or any connected person earns money from any of these services ‘The Agent’ or connected person would keep the commission. The following services may be offered by ‘The Agent’ or connected persons; estate agency, lettings, financial services, survey services and conveyancing.
ESTATE AGENTS ACT – PERSONAL INTEREST
The Estate Agents Act 1979 provides amongst other matters that anyone engaged in estate agency work or their relatives and associates must disclose their interest in any property with which they are dealing.
DATA PROTECTION ACT 1998
‘The Agent’ will keep your personal details on file and pass them to other companies connected with us and carefully selected who may wish to offer you financial or other property related services.
We are required by law to check your identity through sight and copy of recognised photographic identification e.g. passport or photographic driving license and documentary proof of address.
VIEWINGS AND OFFERS.
We will arrange all viewings and negotiate all offers for you to get you the best possible price. Our own financial services team will validate all offers to ensure they are viable. The sale will however always remain subject to contract.
TERMINATION OF AGENCY (Payment up Front)
Subject to the conditions of this contract the Raffles Property Services agency agreement will be from the date of signing and will continue thereafter until either the client gives 14 days’ notice in writing to terminate the agency agreement or after a minimum of 52 weeks when the Agent reserves the right to terminate with 14 days written notice.
In signing the Raffles Property Services agreement you are entering into a legally binding agreement and will be responsible for our fees and any other payment due to us. If you have instructed another Agent on a Sole or a Sole Selling Rights basis you must check whether by instructing us as your Agent as well, you could be liable to pay both Agents fees once your property has sold.
ACCESS TO PREMISES/UNOCCUPIED PREMISES
If the agent holds the keys to the property ‘The Agent’ must accompany any viewings to the property, unless ‘The Agent’ and client agree otherwise in writing. However, it is ‘The Agents’ usual practice to release keys to certain professionals such as acting surveyors acting on behalf of purchasers. In order to avoid delays once ‘The Agent’ has established their identity, they are permitted to inspect the property unaccompanied. Please advise if this is not acceptable to yourself.
Please note if the premises are unoccupied ‘The Agent’ is not normally responsible for the security, maintenance or repair of the property save where ‘The Agent’ fails to secure the property after an accompanied viewing. It is the seller’s responsibility to ensure that mains services are turned off, water and heating systems professionally drained and the insurers notified.
NOTICE OF CANCELLATION RIGHTS (If applicable)
If the Raffles Property Services agreement is completed in your home, under the Cancellation of Contract Made in Consumers Home or Place of Work Regulations 2008, you have the right to cancel the Agency Agreement referred to above if you wish. This right can be exercised by delivering or sending (by recorded post or email) a written cancellation notice to the person indicated below at any time within the period of 14 days stating the date that your agency agreement commenced.
If you wish to cancel the Agency Agreement you should post or deliver your written cancellation to the Branch Manager. If you choose to cancel the Agreement, your cancellation will be effective from the time your cancellation notice is posted or sent to the address of ‘The Agent’ or in the case of email; on the day it is sent.
PERFORMANCE OF THE CONTRACT PERIOD PRIOR TO EXPIRY OF THE CANCELLATION PERIOD.
The services set out in the Agency period will not commence until the day following the last day of the cancellation period. If you wish the services to begin with the cancellation period, you must agree to this in writing. Your right to cancel the agency agreement will not be affected. However, if you choose to cancel the agency agreement you will be required to pay for goods and services supplied prior to cancellation.
If you wish to cancel the Agency Agreement you MUST DO SO IN WRITING OR EMAIL and deliver personally or send by registered mail (you may send by email) the cancellation to the address below.
Raffles Group, Riverbridge House, Fetcham Grove, Guilford Road, Leatherhead, Surrey KT22 9AD or email@example.com.