Estate Agency Terms and Conditions (Sole Agency)
These Estate Agency Terms and Conditions (Sole Agency) are for use by estate agents specialising in residential sales. They set out the Agency’s and the Seller’s responsibilities and provide for commission to be paid to the Agency. The Terms and Conditions, together with the Estate Agency Appointment Form (Sole Agency), create a contract between the Agency and the Owner.
This version of the Terms and Conditions should be used where the Agency is appointed on a “sole agency” basis. This means, in essence, that the agent is entitled to commission if the property is sold during the agency period, but not if the Seller finds a buyer himself. We also have “sole selling rights”, “joint sole agency” and "multiple agency" versions.
Clause 1 contains definitions and in some cases refers to information contained in the Appointment Form. The definitions of “Sole Agency” and “Sole Selling Rights” are in the form required by the Estate Agents (Provision of Information) Regulations 1991 and should not be amended.
Clause 2 covers the appointment of the Agent.
Clause 3 sets out the duties of the Agent. These include preparing particulars, conducting viewings and negotiating a sale.
Clause 4 sets out the duties of the Owner. These include checking the accuracy of the draft particulars and paying the Commission to the Agent.
Clause 5 deals with termination of the contract between the Agent and the Owner.
Clause 6 makes reference to the Agent’s complaints handling procedure and confirms which of the approved redress schemes the Agent belongs to.
Clauses 7 and 8 contain standard legal interpretation wording and provisions regarding the service of notices.
Clause 9 sets out certain information the Agent is required to give to the Owner, including details of any services it may provide to the buyer. This clause should be amended as required.
Clauses 10, 11 & 12 are standard clauses dealing with VAT, 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 (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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