Estate Agency Terms and Conditions (Joint Sole Agency) 
These Estate Agency Terms and Conditions (Joint Sole Agency) are designed for estate agents handling residential sales. They outline the responsibilities of both the Agency and the Seller and specify how commission will be paid. Together with the Estate Agency Appointment Form (Joint Sole Agency), they form the contract between the Agency and the Seller.
This version of the Terms and Conditions should be used where the Agency has “joint sole agency”. This means 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. Other versions are available for “sole selling rights”, and “joint sole agency” arrangements.
Clause 1 defines key terms, with some definitions based on the Estate Agents (Provision of Information) Regulations 1991. These must not be altered.
Clause 2 covers the Agent’s appointment.
Clause 3 outlines the Agent’s duties, such as preparing particulars, conducting viewings and negotiating a sale.
Clause 4 details the Seller’s responsibilities, including verifying the property particulars and paying the Agent’s commission.
Clause 5 explains how the contract can be terminated.
Clause 6 refers to the Agent’s complaints procedure and specifies the approved redress schemes the Agent is part of.
Clauses 7 and 8 include standard terms and instructions for serving notices.
Clause 9 lists information the Agent must give the Seller, including details of any services it may provide to the buyer. This clause can be amended as required.
Clause 10 is a standard clause dealing with VAT
Clauses11 and 12 are clauses dealing with Data Protection and the parties duty of disclosure in the transaction
Clauses 13 and 14 are standard clauses dealing with the relationship of the parties and jurisdiction.
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.
These Estate Agency Terms and Conditions (Joint Sole Agency) are in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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