Terms and Conditions

Last updated: February 07, 2024

Sole Agency Terms of Business (Residential Sales)

1) Definitions

“You/your” means the seller(s) of the Property.
“Property” means the property at: [full address].
“Buyer” means any person or entity who purchases (or exchanges contracts to purchase) the Property, including any connected person/company.
“Introduction” includes introducing a Buyer’s details, arranging a viewing, negotiating with a Buyer, or any contact that can reasonably be linked to our marketing/efforts.
“Fee” means our selling fee shown in the Fee Schedule.

2) Our instruction and sole agency basis

2.1 You appoint us as your sole estate agent to market and seek a buyer for the Property for the duration of this instruction.
2.2 During the instruction you agree not to instruct another estate agent to market the Property.
2.3 You may still market privately yourself, but our fee will be payable if the sale is to a Buyer introduced by us (see clause 9).

3) Our services

3.1 Unless otherwise agreed in writing, our services include:

• pricing and marketing advice

• preparing marketing particulars (photos/floorplan/description)

• advertising on agreed portals/channels

• handling enquiries and arranging viewings

• receiving and reporting offers

• negotiating between you and buyers

• sales progression liaison [included / optional] (state what you do)

3.2 We do not provide legal, tax, survey, or financial advice. You should instruct your own solicitor/conveyancer.

4) Your obligations (accuracy + disclosure)

4.1 You confirm you have authority to sell the Property and to instruct us (including authority from all owners).
4.2 You will provide accurate, complete information needed to market and sell the Property, including (where relevant): tenure, lease/ground rent/service charges, disputes, notices, alterations/planning/building regulations, guarantees, boundaries, rights of way, and anything else that could affect a buyer’s decision.
4.3 You will check and approve marketing particulars promptly and confirm they are accurate to the best of your knowledge.
4.4 If you withhold or misstate information, you may be liable for losses arising from that, and we may suspend/terminate services.

5) Marketing, photos, boards and portals

5.1 You authorise us to market the Property via our website, property portals, social media, mailing lists, and other channels we reasonably consider appropriate.
5.2 You authorise us to erect a “For Sale” board unless you opt out in writing.
5.3 If you later request material changes to marketing (e.g., new photography, re-launch packages), additional charges may apply if stated in writing beforehand.

6) Viewings and access

6.1 You will provide reasonable access for viewings, valuation visits, surveys, and marketing appointments.
6.2 You remain responsible for securing the Property and valuables. We recommend you remove/secure valuables during viewings.

7) Offers and negotiations

7.1 We will report offers we receive to you as soon as reasonably practicable, and confirm them in writing if requested.
7.2 Unless you instruct otherwise in writing, we may continue marketing until exchange of contracts.

8) Anti-money laundering (AML)

8.1 You agree to provide ID and information needed for AML checks and related compliance requests.
8.2 If AML checks are not satisfied, we may pause or terminate our services without liability.

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9) Fees — when they are payable (sole agency)

9.1 Your fee is: [X]% of the sale price + VAT / £X + VAT] (see Fee Schedule).
9.2 Fee trigger (pick one and delete the other):
Option A (common): Payable on Exchange – Our fee becomes due when contracts are exchanged for the sale of the Property to a Buyer introduced by us during the instruction, or a connected person.
Option B: Payable on Completion – Our fee becomes due on completion for the sale of the Property to a Buyer introduced by us during the instruction, or a connected person.

9.3 Introduced buyer after termination (“tail period”)
If within [6] months after the instruction ends you exchange contracts with a Buyer we introduced or with whom we negotiated/arranged a viewing during the instruction (or a connected person), our fee remains payable unless you can prove the Buyer was not introduced by us.

9.4 What is not charged
No fee is payable if you do not exchange contracts and the Buyer was not introduced by us, except for any agreed third-party marketing costs already incurred under clause 10.

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10) Additional costs (marketing & third parties)

10.1 Unless included in your package, the following may be chargeable if you choose them: EPC, premium portal upgrades, professional photography/video, drone, 3D tours, printed brochures, accompanied viewing packages, etc.
10.2 We will confirm any additional costs in writing before they are incurred.
10.3 Third-party costs may be non-refundable once ordered/performed.

11) Term, notice and withdrawal

11.1 Minimum term: [6 months] starting on [date of signed instruction].
11.2 After the minimum term, either party may end the instruction by giving [30] days’ written notice.
11.3 If you withdraw the Property from sale, pause marketing, or instruct another agent during the minimum term, we may charge:

• any agreed third-party costs incurred, and

• if a sale later occurs to a Buyer introduced by us, our fee under clause 9 still applies.

12) Consumer cancellation rights (distance/off-premises)

12.1 If you are a consumer and you sign up online/by email/phone, or in your home, you may have a 14-day right to cancel.
12.2 If you ask us to start work within the cancellation period, you agree you may have to pay a proportionate amount for work completed and any non-refundable third-party costs you authorised.
12.3 To cancel, email [hello@homesweethomeproperties.co.uk ] or write to [ Home Sweet Home Properties Yorks & Lancs, 11A Crown Street, Hebden Bridge, West Yorkshire, HX7 8EL] (you can use the template in Schedule 2).

13) Complaints and redress

13.1 If you are unhappy, contact [Jennifer Hallsworth – Email – hello@homesweethomeproperties.co.uk].
13.2 If unresolved, you may refer the matter to our independent redress scheme: [Property Redress Scheme Membership number – PRS045665].

14) Liability

14.1 Nothing limits liability for fraud, fraudulent misrepresentation, or death/personal injury caused by negligence.
14.2 Subject to 14.1, our total liability to you is limited to [the amount of our fee / £X] (whichever is higher), except where unlawful.
14.3 We are not liable for losses caused by inaccurate/incomplete information you provided, decisions you make about offers, or third parties outside our control.

15) Data protection

We process personal data in line with data protection law. See our Privacy Policy on our website.

16) General

16.1 If a court finds any clause unenforceable, the remainder stays in force.
16.2 These Terms are governed by the laws of England & Wales and disputes are subject to its courts.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: hello@homesweethomeproperties.co.uk