TERMS AND CONDITIONS
Pursuant to the Estate Agents Act 1979, when instructing Whiting & Barlow Limited as selling agents for your property, it is a requirement that you understand and accept our terms and conditions. Please read the terms set out below. By signing our accompanying vendor agreement and/or making payment to us you agree to these terms and conditions. If you do wish to question anything about these terms you must contact us in writing, otherwise we will assume that you are happy with them.
Information About Whiting & Barlow Limited
Whiting & Barlow Limited is a company registered in England and Wales with the company registration number 13084210. Its registered office address is 10-12 Corporation Road, Newport, South Wales, NP19 0AR and its address for correspondence and service of notice is C/O The Workbox, 30 Ferris Town, Truro, TR1 3JJ
Definitions of Terms in this Agreement
Listed below are some terms used within this agreement which are explained for clarity:
“agreement” means the document which these terms and conditions form part of and includes any future agreed additions or amendments and the accompanying vendor agreement form.
“property” The property you have instructed us to sell (also referred to as the “selling address”).
“sale price” The price agreed with your buyer for the sale of your property.
“buyer” or “purchaser” The person(s) buying your property.
“vendor” The owner(s) of the property or the person(s) who is/are otherwise entitled to sell the property.
“you” The vendor or the person(s) who is/are legally entitled to enter into this agreement.
“exchange date” The date on which contracts for the sale and purchase of the property are legally exchanged and become legally binding.
“completion date” The date agreed between the vendor and buyer at exchange of contracts on which legal completion of the sale and purchase of the property is to take place. This is usually the date the keys of the property are handed over to the buyer.
“commission” and/or “fee” The amount payable by you to Whiting & Barlow in accordance with the terms of this agreement.
“written” means communication by SMS text message, email or letter.
“Whiting & Barlow” or “we” or “us” means Whiting & Barlow Limited (company registration number 13084210) or its successor.
“on the market” means the point at which the property is listed for sale on the Whiting & Barlow website and/or additional property portals.
“instruction” means the point at which the accompanying vendor agreement has been signed by all relevant parties and dated.
“VAT” means Value Added Tax or such alternative tax as may replace it, charged at the applicable rate.
“additional property portals” means websites, other than Whiting & Barlow’s website, such as rightmove.co.uk and onthemarket.co.uk. These websites are not owned by or administered by Whiting & Barlow Limited.
“14 day cooling off period” means the period of 14 days, commencing with the date of this agreement, during which you have the right to cancel this agreement without penalty under the terms of Consumer Contracts (information, cancellation and additional charges) Regulations 2013. If you would like us to commence marketing the property immediately you should waive your right to cancel under the 14 day cooling off period.
“sole selling rights” means you agree to us being, and instruct us to act as, the only agent in relation to the sale of the property and on the basis that we will have the sole selling rights in relation to that sale for the period specified in the accompanying vendor agreement and until terminated after the expiry of that period, in accordance with the terms of this agreement.
“multiple agency” means you instruct us as agent in relation to the sale of the property on the basis that other agents have been, or may in the future be, so instructed in addition to Whiting & Barlow.
- Fee Options
1.1 Option 1 - Payment on instruction
Fee: £1,000 plus VAT (if payable)
Payment: Payment is due on instruction by means of debit/credit card (either in person or by telephone) or by bank transfer to:
Whiting & Barlow Limited
Account number: 15232035
Sort Code: 04 06 05
Services: This option covers property valuation, photography, preparation and production of floorplan, our estate agency services and accompanied viewings.
Type of agency: Multiple agency.
Option 2 – Part payment on instruction and balance on completion
Fee: £1,400 plus VAT (if payable)
Payment: £700 plus VAT (if payable) on instruction and £700 plus VAT (if payable) due on the exchange date but to be paid from the proceeds of the sale on the completion date by your appointed legal professional.
Services: The same as for Option 1.
Type of agency: Multiple agency.
Option 3 – Payment on completion
Fee: 0.75% of the sale price plus VAT (if payable), subject to a minimum fee of £1,900 plus VAT (if payable).
Payment: The full fee is due on the exchange date but payable on the completion date by your appointed legal professional when the successful sale is to a buyer effectively introduced to the property by us.
Type of agency: Sole selling rights.
1.2 Fees paid on instruction in accordance with Option1 or Option 2 above will be non-refundable and considered to be a “lifetime fee” and will not have to be paid again if the vendor should wish to remarket the property, provided ownership of the property has not changed and/or there has been no material change to the nature, use or fabric of the property, which is the subject of this agreement. If such changes have taken place or been made, a remarketing fee of £150 plus VAT (if payable) may be levied and we reserve the right to refuse to remarket the property until such fee is paid.
1.3 By signing this agreement you authorise your appointed legal professional/conveyancer to pay any and all fees due to Whiting & Barlow on the completion date. We will submit our invoice for such fees to your appointed legal professional.
- Fees and Agency Types
2.1 Where sole selling rights apply to this agreement you will be liable to pay remuneration to us, in addition to any other costs or charges agreed, in each of the following circumstances:
- If unconditional contracts for the sale of the property are exchanged in the period during which we have sole selling rights, even if the purchaser was not found by us but by another agent or by any other person, including yourself.
- If unconditional contracts for the sale of the property are exchanged after the expiry of the period during which we have sole selling rights but to a purchaser who was introduced to you during that period or with whom we had negotiations about the property during that period.
Note – this means that you will be obliged to pay us the agreed fee whoever introduces a buyer within the agency period so long as the buyer introduced exchanges contracts, even if the exchange of contracts occurs outside the agency period. The buyer could be introduced by another agent, a friend, a third party or you.
2.2 Where this is a multiple agency agreement you will be liable to pay remuneration to us, in addition to any other costs or charges agreed, in each of the following circumstances:
- If unconditional contracts for the sale of the property are exchanged in the period during our contract term to a buyer that was effectively introduced by us.
- If unconditional contracts for the sale of the property are exchanged after the expiry of the period during which we have a multiple agency agreement but to a purchaser who was introduced to you during that period or with whom we had negotiations about the property during that period.
3.1 Your property will be advertised on whitingbarlow.co.uk and its additional property portals (which may change without notice). We will provide a suitable advert that complies with the appropriate legislation including the Consumer Protection From Unfair Trading Regulations 2008 and The Business Protection From Misleading Marketing Regulations 2008. We will send a copy of this advert to you for approval and upon receipt of satisfactory approval from you we will commence marketing the property for sale.
3.2 Should you wish to make changes to your property advert at a later date, all changes must be submitted in writing to email@example.com. If these changes comply with the relevant legislation as outlined in 3.1 the changes will be made without charge.
3.3 You hereby authorise us to use all methods of promoting your property at our disposal. These include, but are not limited to, advertising on additional websites, newspaper advertising, social media and direct marketing, including leaflet advertising.
3.4 You hereby authorise us to erect a ‘For Sale’ board and, upon agreeing a sale price with a buyer introduced by us, a ‘Sold Subject to Contract (STC)’ board.
3.5 Whiting & Barlow operate an automatic feed to our additional property portals. Should this automatic feed fail, we accept no liability for lost marketing. However, we will endeavour to rectify any issues in a timely manner.
3.6 Whiting & Barlow cannot accept any liability or responsibility for any damage or loss suffered as a result of or damage caused by the For Sale board. The town and country planning legislation permits the display of only one For Sale board at the property. While our For Sale board is in place, no other boards should be erected.
4.1 We will provide a written valuation/market appraisal of your property guided by comparable evidence available and recommend a suitable asking price.
4.2 You have the right to suggest an alternative asking price for your property should you wish. However, if we feel this price is inappropriate we reserve the right to decline to market the property.
5.1 We will offer accompanied viewings whereby a representative of Whiting & Barlow Limited’s choosing will show prospective buyers around the property.
5.2 You have the option to conduct viewings yourself. In this case the full fee agreed remains payable unless agreed otherwise, in writing, by a director of Whiting and Barlow Limited.
6.1 You will be notified (verbally or in writing) of all offers received by us for the property within 24 hours of receipt. Any offers notified to you verbally will subsequently be confirmed in writing.
6.2 If you have instructed us in writing that you will not consider offers for the property below a specified figure then any such offers received will not be submitted to you and will automatically be rejected by us. If you wish to amend your instructions in this regard, you must notify us in writing.
6.3 It is your responsibility to respond to our communications with regard an offer received to enable us to submit a response to the potential buyer and, where appropriate, negotiate further on your behalf.
6.4 If a buyer communicates an offer to purchase your property directly to you, it is your responsibility to inform us of every such offer received to enable us to follow up in writing.
6.5 You hereby authorise us to endeavour to verify a potential buyer’s ability to purchase your property. This will include, but is not limited to: checking for an agreement of mortgage in principle; checking bank statements of potential buyers to show availability of funds; checking with other estate agents to verify the length and status of the chain of transactions; verifying the identity of the potential buyer, as required by anti money laundering legislation and all similar legislation from time to time in force.
- Your Obligations as the Vendor
7.1 The vendor hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement.
7.2 The vendor hereby confirms and covenants that he/she/they are the beneficial owner(s) of the property or have the authority of the beneficial owner(s) to sell the property on the terms of this agreement.
7.3 You agree to provide us with suitable proof of identity. Under the Money Laundering Regulations 2017 (as amended), we must carry out identity checks on both buyers and sellers of the properties we market for sale. When we ask you to do so, you agree to provide us with the required evidence of identity in accordance with anti money laundering legislation from time to time in force. We will also verify ownership of the property at the Land Registry, which Whiting & Barlow will pay for. If the legal title to the property is unregistered or the vendor name(s) herein do not correspond with the Land Registry title, it is your responsibility to prove ownership of the property.
7.4 Our obligations in accordance with the money laundering legislation are absolute and we have no discretion in relation to compliance with those obligations. By signing this agreement you authorise us, without reference to you, to take such action as is required in accordance with the money laundering legislation.
7.5 In certain instances it may be necessary for Whiting & Barlow to submit an online identity check which may include or result in a credit check from a company of our choosing. You hereby authorise us to submit personal data to third party providers who will undertake this check on our behalf.
7.6 Prior to marketing the property for sale you will provide us with an Energy Performance Certificate (EPC) in relation to the property or will have commissioned an EPC and will provide us with a copy when available. If you do not have an EPC you may request us to commission one on your behalf at a cost of £70 plus VAT (if payable), to be paid by you in advance of the EPC being commissioned.
- Unoccupied Properties
If the property is vacant or unoccupied, it is agreed that Whiting & Barlow and its directors and employees have no responsibility or liability in relation to the maintenance, repair, supervision or security of the property, other than to ensure that all external doors are locked following a viewing at the property. If the property is unoccupied it is the vendor’s responsibility to ensure that the property is safeguarded against frost damage, adverse weather conditions, squatters and unauthorised entry and that the property has the benefit of adequate insurance cover.
9.1 If Whiting & Barlow has been instructed to undertake accompanied viewings and holds keys to the property, you authorise us to hand the keys over to the buyer once we have received verbal confirmation from your appointed legal professional that all monies due have been received by them and legal completion has taken place.
9.2 If we do not hold keys for your property, you will be solely responsible for handing over keys to the property to the buyer following legal completion. If Whiting & Barlow has not been instructed to undertake accompanied viewings but you wish us to provide a key handover service at completion, we reserve the right to charge £50 plus VAT (if payable) for this.
- Your Right to Cancel
10.1 If you have instructed us on the basis that we will have sole selling rights, you have the right to cancel this agreement after the agreed sole selling rights period has expired. To cancel this agreement you must provide us with 14 days written notice. After the 14 day notice period has expired, we will cease all marketing efforts and return to you any keys to the property we may hold.
10.2 If you have instructed us on multiple agency terms, you have the right to cancel this agreement at any time. To cancel this agreement you must give us written notice of cancellation. Upon receipt of this written notice we will endeavour to cease all marketing efforts within 24 hours and return to you any keys to the property which we may hold. Any fees previously paid to Whiting & Barlow are non-refundable.
11.1 You have the right to complain, although we hope you will never find it necessary. In the first instance your complaint should be submitted, in writing, to one of the directors of Whiting & Barlow. We will endeavour to respond to your complaint in a timely and professional manner, in writing, after a full and proper investigation. A copy of our internal complaints procedure can be found here.
11.2 As responsible estate agents, we adhere to The Property Ombudsman Guidelines of Practice (details of which can be found on www.tpos.co.uk).
11.3 If you are not satisfied with the result of our internal investigation and final response to your complaint, you have the right to refer your complaint to The Property Ombudsman, the details of which will be provided in our final written response to your complaint.
By signing the vendor agreement you and we agree that:
12.1 This agreement contains all the agreements and understandings between us.
12.2 The terms of this agreement can only be varied with your and our agreement in writing.
12.3 This agreement will be governed in accordance with the laws of England.
12.4 If a court or tribunal decides or the law provides that any part of this agreement shall not apply or is invalid then the remainder of this agreement shall continue to apply but as if the inapplicable or invalid part had not been included.
12.5 Where the vendor consists of more than one person then the provisions of this agreement may be enforced against any one or more of the named vendors (joint and several liability), so far as the law of England allows.
- Intellectual Property Rights
Whiting & Barlow own all content contained within the advert, including floorplans. You are expressly prohibited from reproducing, copying, editing, transmitting, uploading or incorporating its contents into any other formats. This includes, but is not limited to, providing any of our advertising materials (photography, floorplans and written details) to another estate agent.
- Personal Interest
14.1 The Estate Agents Act 1979 requires us to disclose to any prospective buyer any business or family relationship which you may have with Whiting & Barlow, its directors or employees or any associated company. You must indicate on the accompanying Vendor Agreement form details of any such relationship of which you are aware.
14.2 We offer the following services to prospective buyers in circumstances where we may financially benefit:
- Recommendation of and/or referral to mortgage advisors or other providers of financial services.
- Valuation/survey and estate agency services.
- Recommendation of or referral to solicitors and other conveyancers