Sole Selling Rights Agreement
Confirmation of Instructions and Terms & Conditions
(In accordance with the Estate Agents Act 1979 and The Estate Agents (Provision of Information) Regulations 1991.
This is a legal document. Please take time to read it carefully and ask any questions relating to the terms and conditions below before signing.
This is a Sole Selling Rights Agreement between:
Virtual Estates Sales & Lettings Ltd of
3 Chatsworth House, Prime Business Centre, Raynesway, Derby, DE21 7SR (the ’Agent’); and
for the sale of ______________________________________________________________________
This agreement is for a minimum period of 12 weeks of marketing starting from the date this agreement was signed by the Client(s). This agreement will then continue after the minimum period until terminated by notice under the ‘Termination of Agreement’ clause below. This agreement appoints the agent to market the property for sale on the terms set out below agreed between the parties. The property will marketed at an initial figure of £__________________. The asking price is not a valuation but a figure for marketing purposes only.
Termination of Agreement
Either party can terminate this agreement by giving fourteen days’ notice to the other in writing. The required fourteen days’ notice to terminate the agreement may be given at any time after the end of the minimum period and will start from the date either received by or issued by the Agent.
- a) The Client(s) agrees that details of the property can be circulated to all persons registered by the Agent at the date of instruction or during the period of this agreement and any notice period.
- b) The Client(s) consents that the details of the property may appear on any website as seen fit by the Agent.
- c) The Client(s) consents that the details of the property may appear in any press publications as seen fit by the Agent.
For Sale Board.
The Agent asks permission to erect a For Sale board at the property to assist with marketing. Any such board will comply with the Town & Country Planning (Control of Advertisements) Regulations 1992 as amended. The Client(s) consents that the Agent may erect a For Sale board at the property.
The Agent accepts liability for any claim arising under these regulations in connection with the board unless the action arises as a result of a further board being added by another agent. The For Sale board and fixings will remain the property of the Agent and may not be used by another agent unless permission is granted by the Agent.
The Agent will, promptly forward details in writing of all offers received from potential buyers at any time up until contracts have been exchanged, unless the offer is of an amount or type which the Client(s) have specifically instructed the Agent, in writing, not to pass on. A written or computerised record of all offers will be kept (including the date and time such offers the Agent received and the Client(s) response). This record will be available to the Client(s) on request. In turn, the Client(s) must promptly inform the Agent of all enquiries and discussions the Client(s) may have with a prospective purchaser which are made without the knowledge of the Agent.
Access to Premises
If the Agent holds keys to the property, any viewings carried out by the Agent will be on an accompanied basis, unless the Agent and Client(s) agree otherwise, in writing. If the agent is arranging for someone to view an occupied property, the Agent must agree arrangements with the occupier beforehand.
It is the Agents usual practice to release keys to certain professionals who require access, such as surveyors acting on behalf of a purchaser. In order to avoid delaying the sale, once the Agent has established their identity and the Client(s) agree, they are permitted to inspect the property unaccompanied. Please advise the Agent immediately if this is NOT acceptable to the Client(s). The Agent will continue to seek the Client(s) permission to allow unaccompanied visits by any other third parties such as trades people or representatives of any utility companies.
By law, the Agent must tell the Client(s) if the Agent or any connected person intends to earn any commission from offering the Client(s) or a buyer any additional services. If the Agent or connected persons earns money from any of these services the Agent or connected person would keep this commission. The following services can be offered by the Agent or connected persons: Conveyancing, Estate Agency, Mortgage & Financial Advice, Energy Assessments, Valuations and Surveys.
The Agent will not discriminate against any person under the definitions of The Sex Discrimination Act 1975, The Race Relations Act 1976, Equality Act 2006 or Equality Act 2010. The Agent will not discriminate, or threaten to discriminate against any prospective purchaser 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.
By law, the Agent must declare whether there is a personal interest in the sale of the property. To assist the Agent to fulfil this obligation the Client(s) are asked to indicate any personal association with the Agent of which the Client(s) are aware. If the Client(s) is, or thinks, they may be, a close relative or a friend, or have any business interests with anyone involved with the Agent, the Client(s) should let the Agent know immediately.
Is the Client(s) aware of any such interest?
If the answer is Yes, please provide details on a separate sheet. Additional sheet attached?
The Property Details
The property details the Agent will prepare after the Agent’s visit will be sent to you shortly. Under the Property Misdescriptions Act 1991, anything the Agent says or publishes about the property, as the Client(s) representative must not be false or misleading. It is very important that the Client(s) read these details carefully and immediately informs the Agent if there is anything that the Client(s) think the Agent should have included or that is inaccurate. Please remember that the Agent cannot say anything about the Client(s) property that the Agent cannot prove. For example, the Agent cannot say that the property has cavity wall insulation if there are no guarantee’s or invoices to show that the work was done. Any alterations than the Client(s) might want to make must meet the requirements of the law. In all cases the final decision will rest with the Agent.
Data Protection & GDPR
The Agent is regulated under the Data Protection Act 2018 & GDPR
Under the Money Laundering Regulations 2003 and The Proceeds of Crime Act 2002 the Agent is legally obliged to verify the identity of the Client(s) through sight of legally recognised photographic identification (passport, photographic driving licence) and documentary proof of address (utility bill, council tax demand or bank statement). As best practice the Agent will record this information and retain this information on file to assist with any government agency enquiries.
Provision of an EPC
Marketing cannot commence before an Energy Performance Certificate (EPC) has been ordered. By signing this agreement the Client(s) have agreed to either order or provide a valid EPC for the property. The provision of an EPC can be arranged through Virtual Estates if requested or through another provider.
Notice of the Right to Cancel
The Client(s) may cancel the contract within seven days under relevant circumstances in accordance with the Cancellation of Contracts Regulations 2008.
The Property Ombudsman
The Agent is a member of Property Redress Scheme (PRS) and follows the PRS Code of Practice. The Client(s) agree that the Agent may give information about the sale of the property to the ombudsman, if the Client(s) have registered a complaint and the ombudsman requests that information. The Client(s) agrees that the Agent may give the Client(s) contact details to PRS (if requested) to help them monitor the Agents adherence to the Code of Practice. A copy of the Code of Practice and the Consumer Guide is available from www.prs.co.uk.
Agency Prices and Fees
Please tick the service you would like us to provide:
Upfront Fee £495
The package includes the creation of a Virtual Tour of your Property, photographs, listing the Property on our website and promoting it on Social Media for a period of 12 months
Upfront Fee £895 OR No Sale No Fee £1,695
The package includes the creation of a Virtual Tour of your Property, a 3D Floorplan, photographs, listing your Property on our website, promoting your property on Social Media, listing your Property on Rightmove for a period of 12 months, providing you with a Conveyancing Quote, Mortgage Quote, Removalist Quote, Home Insurance Quote and Utility Switching Service if requested.
Upfront Fee £1,195 OR No Sale No Fee £2,195
The package includes the creation of a Virtual Tour of your Property, a 3D Floorplan, photographs, listing your Property on our website, promoting your property on Social Media, listing your Property on Rightmove for a period of 12 months, providing you with a Conveyancing Quote, Mortgage Quote, Removalist Quote, Home Insurance Quote, Utility Switching Service if requested and Accompanied Viewings.
This means that if your property is not sold via Virtual Estates, with the exception of the ‘Double Commission Warning’ clause below, then you will have no fee to pay. The package includes the creation of a Virtual Tour of your Property, a 3D Floorplan, photographs, listing your Property on our website, promoting your property on Social Media, listing your Property on Rightmove for a period of 12 months, providing you with a Conveyancing Quote, Mortgage Quote, Removalist Quote, Home Insurance Quote, Utility Switching Service if requested and Accompanied Viewings.
Settlement of Fees
The responsibility for the payment of these fees remains with the Client(s) named herein. The Agent will submit an invoice to the Client(s) solicitor/licensed conveyancer who should settle the payment at the payment date stated above. If the invoice remains unpaid 10 working days after the payment date stated above, the Agent reserves the right to charge daily interest on the outstanding balance at an annual rate of interest 5% above the Bank Of England base rate from the due payment date until payment is received in full.
Double Commission Warning
If the Client(s) has instructed another estate agent on a Sole Agency or Sole Selling Rights basis the Client(s) must check, whether by instructing this Agent as well, the Client(s) will be liable to pay both estate agents’ fees.
Sole Selling Rights. The Client(s) will be liable to pay fees to the Agent, in addition to any other costs or charges, in each of the following circumstances:
- If unconditional contracts for the sale of the property are exchanged in the period during which the Agent has Sole Selling Rights, even if the purchaser was not introduced by the Agent but by another agent or by any other person, including the Client(s).
- If a purchaser first introduced by the Agent during this agreement subsequently purchases the property within six months of the termination date of this agreement.
Before signing this agreement you should ensure that you have read the terms of the agreement and asked for clarification of any issue that is not understood.
The Agent and the Client(s) (undersigned) have read and agree to the terms and conditions of this agreement. The Client(s) acknowledge that by signing this agreement and appointing the Agent the Client(s) are contracting on behalf of all owners of the property.
Name (Client 1): ________________________________
Signed (Client 1): ________________________________
Date Signed (Client 1): ________________________________
Name (Client 2): ________________________________
Signed (Client 2): ________________________________
Date Signed (Client 2): ________________________________
(For and on behalf of the Client(s))
(For and on behalf of the Agent)[/vc_column_text][/vc_column][/vc_row]