Estate Agency Appointment Form (Joint Sole Agency)
This Estate Agency Appointment Form (Joint Sole Agency) is for use by residential estate agents when they take on a new seller client. The form is completed and signed by the Seller of a property who wishes to appoint an Agent to market the property.
The Appointment Form, in conjunction with the Estate Agency Terms and Conditions (Joint Sole Agency), creates a contract between the Agency and the Seller. The Appointment Form and Terms and Conditions can be displayed on the Agency’s website but must also be provided to Sellers in hard copy.
This version of the Appointment Form should be used where the Agency is appointed on a “joint sole agency” basis. This means, in essence, that the agent is entitled to commission if the property is sold during the agency period to a buyer introduced by the agent, by another named joint agent or by any other agent. The proportions in which the commission is to be shared between the joint agents can be specified in the Appointment Form. We also have “sole selling rights” and “sole agency” versions of the Appointment Form.
Contracts between Sellers and Agents are often made in the Seller’s home. The form therefore includes the information required under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which relate to contracts made in a consumer’s home or otherwise off the trader’s premises. Essentially, these are details of the services that will be provided, the identity of the Agency, pricing and the Seller’s right to cancel.
The Appointment Form contains fields for the Agent’s details, the Seller’s details and a detailed description of the property. Details of the agency arrangements are also captured: the agency start date and fixed term and the Commission, which may be a percentage of the sale price or a fixed fee. The Seller signs the form to confirm his wish to appoint the agent. The Agent also signs the form to confirm that the terms of the agency contract have been explained to the Seller.
At the end of the form is a “model cancellation form”. This is to comply with the 2013 Regulations referred to above which give a 14 day “cooling off” period in relation to contracts made off the trader’s premises. If the Appointment Form is signed at the Agency’s office this wording is not required and can be deleted.
In most cases, the Seller will want the Agency to begin marketing the property straight away, rather than wait for the 14 day cooling off period to expire. The Appointment Form therefore includes an instruction to the Agency to commence marketing immediately and an acknowledgement of the consequences this will have for the Seller under the 2013 Regulations. These are first, loss of the right to cancel if a sale is agreed within the 14 day period and, secondly, a requirement to pay the Agency for any services performed up to the date of cancellation, should the Seller exercise the right to cancel.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document. This Estate Agency Appointment Form (Joint Sole Agency) is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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