Estate Agency Appointment Form (Sole Selling Rights) 
This Estate Agency Appointment Form (Sole Selling Rights) is intended for residential state 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.
Along with the Estate Agency Terms and Conditions (Sole Selling Rights), the Appointment Form establishes a contract between the Agency and the Seller. While both The Appointment Form and Terms and Conditions can be displayed on the Agency’s website, they must also be provided to Sellers in hard copy.
This particular form is designed for use when the Agency has “sole selling rights”. This means that the agent is entitled to commission even if the Seller finds a buyer themselves during the agency period.
There are also separate versions of the form for “sole agency”, “joint sole agency” and “multiple agency” and appointments.
The form 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. This includes important information about the agency’s services, identity, pricing, and the Seller’s right to cancel the contract.
In addition, The Appointment Form includes sections for the Agents details, Sellers details, as well as all Material Information required by The Consumer Protection from Unfair Trading Regulations 2008.
It also captures key information about the agency arrangements, such as the start date, the fixed term, and the commission, which may either 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.
Typically, Sellers prefer that the marketing of their property begins immediately rather than after the colling-off period. The Appointment Form therefore includes a clause allowing the Seller to instruct the Agency to commence marketing immediately along with an acknowledgement of the implications this has under the 2013 Regulations. These include the potential loss of the right to cancel if a sale is agreed within the 14 day period and a requirement for the Seller to pay for any services rendered up to the point of cancellation, should they 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.
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