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Appointment

You hereby appoint Bowes Mitchel Estate Agents, on behalf of all owners with sole selling rights to offer for sale the property over-leaf.

References in this agreement to our, we and us means Bowes Mitchell Estate Agents and references to you, yourself or yourselves means the seller(s) named over-leaf.

Sole Selling Rights

You understand that you will be liable to pay commission to us, in addition to any other costs or charges agreed, in each of the following circumstances –

If unconditional contracts for the sale of the property are exchanged in the period during which we have sole selling rights, even if a purchaser was not found by us but by another agent or by any other person, including yourself; and if unconditional contracts for the sale of the property are exchanged after expiry of the period during which we have sole selling right 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 may be introduced either directly or indirectly as result of our activities. We shall remain entitled to commission where any eventual sale results from our activities or introductions during the period of this agreement including any period whilst we are under notice.

Dual Fee Liability

Such liability may arise in the following circumstances –

If, having previously instructed another agent to sell your property, a purchaser introduced by them during their sole, joint or multi agency or their sole selling rights agency is re-introduced by us to you during our sole selling rights agency: of If, within six months of the date of termination of our sole selling rights agency, a purchaser introduced by us to your during our sole selling rights agency is re-introduced by another agent.

Please note that during the continuation of this agreement you will be liable to pay us our sales fee if another agent introduces a purchaser to you in respect of your property.

Payment of Accounts

You are obligated to pay our fees on exchange of contracts for the sale of your property. Our fees must then be paid on or before the date that the sale of the property completed unless we agree otherwise in writing. In signing this agreement you authorise your solicitor or licensed conveyancer to pay our fees within 7 days of the date that the sale of the property is completed out of the proceeds of sale. If payment is not made within 7days of the date that the sale of the property is completed, we reserve the right to make a reasonable interest charge not exceeding 3.5% per month of the part thereof.

Marketing Charge

If this agreement is cancelled and we are not entitled to charge the agency fee referred to in the agreement you agree that we may charge a fee of £……………….. plus VAT to cover the costs of marketing your property.

Money Laundering Regulations (2007)

All estate agents are required to comply with these regulations which require that evidence of identity and residency of all customers be obtained before a property is marketed. You agree to produce adequate evidence of your identity and residency as soon as possible to enable us to take a copy of each item and record this information.

To comply with the Money Laundering Regulations 2007, Bowes Mitchell reserve the right to use an on line anti money laundering service to verify the identity of a customer.
Electronic Verification does not require consent prior to a search taking place but does require notification.  Electronic Verification leaves a non credit footprint of the search history on the customers credit file.

Sales Details

The property Misdescriptions Act 1991 makes it a criminal offence to give misleading or inaccurate information, or to omit any relevant information in sales/marketing particulars and advertisements. Draft particulars will be sent to you for your approval and your assistance is essential to ensure that any information we provide is factually accurate in every respect. If you are in any doubt about any information relating to title, land charges, covenants, planning or other legal matters, we would strongly recommend that these should be referred to your solicitors; it would be helpful if you would let us have your solicitors name and address in any event. It is essential that you tell us if the sale details are incorrect or if any charges take place later which may require the sales details to be amended.

Services to Prospective Buyers

We or any other part of Bowes Mitchell Group may offer prospective buyers services relating to the purchase of the property. Services may include mortgage advice or the arrangement of mortgages, insurance, surveys, valuations or property sales.

Unoccupied Properties

We are not responsible for the repair and/or maintenance of your property if it is unoccupied unless we have agreed to do so in writing. It is your responsibility to ensure that mains services are turned off, water and heating systems are drained by a professional plumber or heating engineer and that your building and/or contents insurers are notified.

Personal Interest

Under Section 21 of the Estate Agents Act 1979, we are required to disclose to a prospective buyer any business or personal (including family) connection you may have with us, any of our employees or any company associated with us.

By signing this agreement you agree to the above terms and conditions; confirm your instructions to Bowes Mitchel Estate Agents; confirm that no person or firm is currently interested in buying your property or negotiating to buy it; that where you includes one or more persons, you are joint and severally liable to comply with the terms and conditions of this agreement (including the payment of al fees, costs and charges); and agree that, where you sign this agreement on behalf of one or more of your co-owners of the property, you have authority to sign this agreement on behalf of yourself and your co-owner.