MEANING OF SOLE SELLING RIGHTS
Sole Selling Rights means that we have exclusive rights to market and sell the Property for you as your agent for the term of our appointment, all introductions and negotiations are to be carried out by us and you are not allowed to market or seek to sell the property privately or appoint any other agent or person to market, sell or part-exchange the Property (“Sole Selling Rights”)
APPOINTMENT AS YOUR AGENT WITH SOLE SELLING RIGHTS
You have appointed MuluHome Ltd as your agent with sole selling rights for the sale and marketing of the property. This appointment commences at the signed date of this Agreement and continues until duly terminated. You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if any time unconditional contracts for the sale of the property are exchanged (“Exchange of Contracts”)
• in the period during which we have Sole Selling Rights, even if the purchaser was not found by us but by another agent or by any other person, including yourself, or
• after the expiry of the period during which we have Sole Selling Rights but to a purchaser who was introduced to you during that period or with whom we had negotiations about the Property during that period.
A purchaser we have introduced is any part who has learnt about the Property through our activity either directly or through another person (e.g. wife, husband, family member, partner, business partner, director or property search agent)
For the purposes of the above clause activity includes all forms of advertisements, office displays, sales details, for sale boards, electronic advertising including internet media and property portals, leaflets, television or radio features and any written or verbal information given about the Property.
POTENTIAL PURCHASERS ALREADY INTRODUCED TO YOU.
You must advise us in writing and within seven days of the date of this Agreement of any potential purchaser(s) of the Property previously introduced to you to prior by any other agent or who have previously contacted you in relation to a possible purchase of the Property.
BREACH OF OUR EXCLUSIVE SELLING RIGHTS
If you appoint another agent to sell or market the Property during the period of our Sole Selling Rights Appointment you will be in breach of our Sole Selling Rights which will make it more difficult for us to introduce a buyer on your behalf. Accordingly, if you breach our Sole Selling Rights by appointing another agent or party we will be contractually entitled to substitute the Sole Selling Rights Agency Fee with the higher multiple agency fee of 3% (“the Multiple Agency Fee”)
DUAL FEE RISK
If you appoint another agent during the period of the Sole Selling Rights Appointment or have already appointed an agent when you enter into this agency agreement with us and you may become liable to pay fees to both us and that other agent.
WHEN OUR FEES ARE PAYABLE:
Our agency fee is due and payable on Exchange of Contracts. We will not usually require payment until the sale of the Property completes. If completion has not taken place 3 months after Exchange of Contracts, we reserve the right to request immediate payment. If you fail to make payment of our agency fee on the due date for payment, we reserve the right to charge daily interest on the outstanding balance at the rate of 3% above the base rate of the Royal Bank of Scotland from the date payment was due until the date payment is made.
DURATION OF AGREEMENT & TERMINATION:
This agreement will be for a minimum period of not less than the duration of the Initial Period and will continue until duly terminated in accordance with the provisions of this Agreement. You or we are entitled to terminate this Agreement by giving 28 calendar days’ prior written notice of the termination and the Agreement will end and close of business on the 28th day. If we have fundamental disagreement with you about how the Property should be marketed by us, we may give you notice to terminate at any time with immediate effect.
You are not entitled to terminate the Agreement when you know that we have introduced or are about to introduce a Purchaser when you know that Exchange of Contracts is about to take place or in the period between Exchange of contracts and the sale of Property formally completing.
CHANGING TO MULTIPLE AGENCY
You are not permitted to instruct another agent as well as ourselves (“a Multiple Agency Appointment”) without prior agreement. If you would like to change the Agreement to a Multiple Agency Appointment, you will need to notify us in writing. If we agree to change to a Multiple Agency Appointment the agency fee payable will no longer be the Sole Selling Rights Agency Fee but will be the Multiple Agency Fee of 3%. If we agree to change to a Multiple Agency Appointment, you have to pay us the Multiple Agency Fee if Exchange of Contracts in respect of the Property takes place:
• With a party who we have introduced to you during the period in which we had Sole Selling rights
• With a party who we were the first agent to introduce to you during the term of our Multiple Agency Appointment
• With a party who we introduced to you during the term of our Multiple Agency Appointment and in respect of whom we were the effective introducing agent; or
• With a party who was introduced to you as a result of an introduction we made to another potential purchaser.
Save for the changes set out above, no other terms of this Agreement will change.
PROVISION OF INFORMATION REGARDING THE PROPERTY.
You undertake to disclose to us any information regarding the Property which could be materially relevant to any potential purchaser of the property and consent to us disclosing any such information to any potential purchaser.
You can send formal notices to us by posts to the address set out below or by email using the branch e-mail address. We can send formal notices to you by email to your personal email address shown on the Agent Agreement by post.
GENERAL MARKETING RIGHTS:
You AGREE TO US USING IMAGES OF THE Property and the details of the sale normally available to the public through the Land Registry, or otherwise to promote our services.
SECURITY, MAINTENANCE AND REPAIR OF THE PROPERTY:
You agree that we are not responsible for the security, maintenance or repair of the Property and that if the Property is unoccupied you will ensure that mains services are turned off, water and heating systems are drained and insurers notified.
You are obliged to pay VAT on all services provided to you by us or third parties under this agreement at the prevailing rate.
STATUTORY RIGHTS REMAIN UNAFFECTED
Nothing in these terms and conditions shall affect your statutory rights.
CODES OF PRACTICES & COMPLAINTS PROCEDURES
We are a member of The Property Ombudsman Scheme and adhere to The Property Ombudsman code of Practice and complaints procedure, details of which can be obtained from my local branch or online at www.tpos.co.uk From the time to time we may contact you to seek your consent to using your details in any compliance or monitoring process. In the event that you remain dissatisfied with