Standard Terms and Conditions
This document is produced as part of the contract between Fry Estate Agents and clients as required under the provisions of the Estate Agents Act 1979.
1. Definitions
In these terms:
1.1 "Client" means the person firm or company to whom The Company is to provide services in accordance with these terms.
1.2 "The Company " means Fry Estate Agents whose office is at 24 Castle Lane, Bedford, MK40 3US.
1.3 "Property" means the property, which is the subject of the client's instructions to advise upon.
1.4 "Pre Sale" and "Pre Let" means the sale or grant of a lease over a property [as appropriate] which is to be constructed,
completed or refurbished prior to completion of the sale or grant of lease.
1.5 "Terms" means the standard terms and conditions set out in this document and [unless the context or otherwise requires]
include any other terms and conditions set out in any letter accompanying these Terms or varying these Terms.
2. General
2.1 The Company undertakes all services on the basis of these Terms only, which shall apply to the exclusion of any other terms and conditions which the Client may seek to impose.
2.2 No variation of these Terms shall be binding unless previously agreed in writing by The Company.
2.3 In the event of any ambiguity or conflict between the letter accompanying these Terms and these Terms the former will
take precedence.
3. The Property
3.1 Information
The Client warrants represents and undertakes to The Company that [save as specifically notified to The Company by the client in writing]:
(a) all information provided by the Client and/or its professional advisers regarding the Property and its ownership is complete and accurate and is not misleading (either on its face or by inference or omission) and that there are no other material facts known to the Client relating to the Property which may be relevant to The Company in carrying out its instructions;
(b) there are no encumbrances or unduly onerous or unusual easements, restrictions, outgoings or conditions attaching to the Property;
(c) the Property complies with all relevant statutory requirements; and
(d) the Property has been constructed and is occupied in accordance with valid planning and building regulations approval.
3.2 Insurance
The Client shall remain responsible for the insurance of the Property and for notifying its insurers should the Property fall vacant. The Company shall not be responsible for the management, security or deterioration of the Property or any other like matter or loss howsoever caused. If keys for the Property are held by The Company then the Client is deemed to have given authority to The Company to supply keys to persons who wish to inspect the property and The Company accept no responsibility for the action of such persons. The Client shall effect and maintain full insurance cover against any claim that may be made by The Company or any representative or employees of The Company or by a third party in respect of any loss, damage or injury howsoever caused.
4. Terms of engagement
4.1 Sales
The terms of The Company's appointment are as referred to in the letter accompanying these Terms and the following definitions apply (subject always to the provisions of clauses 4 and 5).
4.12 Sole Selling Rights
The Client will be liable to pay remuneration to The Company in addition to any other costs all charges agreed, in each of the following circumstances:
(a) If unconditional contracts for the sale on the Property are exchanged in the period during which The Company has sole selling rights, even if the purchaser was not found by The Company but by another agent or by any other person, including the Client;
or
(b) if unconditional contracts for the sale of the Property are exchanged after the expiry of the period during which The Company has sole selling rights but to a purchaser who was introduced to the client during that period or with whom The Company had negotiations about the Property at any time during that period.
4.13 Sole Agency
The Client will be liable to pay remuneration to The Company in addition to any other costs all charges agreed, if at any time unconditional contracts for the sale of the Property are exchanged:
(a) with a purchaser introduced by The Company during that period of its sole agency or with whom The Company had negotiations about the Property during that period;
or
(b) with a purchaser introduced by another agent during that period.
9. The Bribery Act 2010
The Company will seek to fully comply with the terms of the Act which became effective on 1st July 2011 and will report any concerns or suspicions to the SFO and other relevant authorities.
10. Money Laundering Regulations 2007
As a condition of accepting any instructions The Company will require the client to provide sufficient evidence to comply with the regulations and this will include The Company seeing and then retaining a copy of some form of photo ID for the instructing officer at the Client and a current utility bill in their name.
11. Property Misdescriptions Act 1991
11.1 The Client shall be responsible for approving, checking and verifying (in so far as it is reasonable for the client to do so) the contents, wording and style of all marketing material relating to the Property and will advise The Company without delay in writing if any aspect of the sales/letting particulars is or later becomes false, inaccurate or misleading.
12. Indemnity
12.1 The Client shall indemnify and keep indemnified The Company from and against all and any liability losses damages penalties fines costs and expenses (including legal costs and expenses) suffered or incurred by The Company arising out of or by virtue of:
(a) the breach by the Client of any of its obligations under these Terms;
or
(b) any allegation that any statement made by The Company relating to the Property is false or misleading contrary to the provisions of the Property Misdescriptions Act 1991 and any Regulations made pursuant thereto (including any modifications or amendments thereto) where such statement was either approved by the Client or the information contained in such
statement was provided by the Client.
13. Miscellaneous
13.1 The Company's duties shall be limited to those set out in these Terms.
13.2 The Company confirms that it will forward in writing all offers received and will not prefer one applicant to another solely because an applicant has agreed to engage The Company in the provision of additional services. If the Client accepts the offer of the applicant (subject to contract) The Company will notify the Client in writing if it provides or arranges any services for that applicant before completion. The Company may also act in the disposal of the purchaser's property where a fee may be raised or commissions earned from your purchaser.
13.3 The Company shall be entitled to accept and act on any instruction given to The Company by any person who is an employee of or adviser to the Client.
13.4 If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason such term or provision shall be divisible from these Terms and shall be deemed to be deleted from these Terms.
13.5 Except where specifically agreed in writing The Company will not provide formal valuations, Red Book valuations or valuations for loan purposes.
13.6 All areas and dimensions are provided for guidance purposes only and are to be regarded as approximate.
14. Related interests
14.1 The Estate Agents Act 1979 requires The Company to disclose to interested parties any connection which the Client (or any relative or business associate of the Client) may have with The Company (or any business associate or employee of The Company). Please inform The Company if you are aware of any such relationship.
14.2 The Company will inform the Client promptly if The Company or any person connected with The Company seeks to acquire a beneficial interest in the Property.
15. Complaints
15.1 The Company aims to perform on instructions from the Client in an efficient manner. The Company hopes that the Client will not need to
complain but recognises that in isolated circumstances there may be complaints. These should be addressed initially to the person(s) supervising the instruction and he / she will thoroughly investigate any complaints. The Company is a member of the Property Ombudsman Scheme and a copy of our Complaints Handling Procedure is available upon application to The Company.
16. Termination of instruction
16.1 The instruction may be terminated by either the Client or The Company giving the other party not less than 14 days written notification.
16.2 Any outstanding remuneration and marketing costs due to The Company shall be settled in full by the Client on or before the expiry of such notice period. In the event of termination The Company will be entitled to receive remuneration calculated on a quantum meruit basis. For the avoidance of doubt, on termination of instruction, whether by The Company or the Client, The Company shall not be liable to repay the Client any marketing costs previously paid by the Client to The Company.
17. Law
17.1 These Terms shall be governed by and construed in all respects in accordance with the English Law
