These Terms and Conditions are the standard terms for the provision of services by Stapledon Estate Agents Ltd (“Agent”) in connection with the marketing of a residential property for sale (sole agency). The Terms and Conditions form the basis of the Owner’s contract with the Agent, so please read them carefully before signing.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires:
“Agency Period”
The period starting on the date this contract comes into force and ending when unconditional contracts are exchanged for the sale of the Property.
“Agreement”
The contract in writing into which You and We will enter. The Agreement will incorporate, and be subject to, these Terms and Conditions.
“Appointment Form”
The form to be completed and signed by the Owner and the Agent in order to appoint the Agent as agent.
“Cashback Payment”
£250 for property sales under £500,000 and £500 for property sales between £500,000 and £1,000,000.
“Commission”
The commission set out in the Appointment Form.
“Model Cancellation Form”
The model cancellation form attached to the Appointment Form.
“Multiple Agency”
An owner is liable to pay remuneration to an agent if unconditional contracts for the sale of a property are exchanged with a purchaser introduced by that agent during the Agency Period or with whom that agent had negotiations during the Agency Period.
“Owner”
The legal owner of the Property.
“Particulars”
The descriptive information and details about the Property provided by the Owner to the Agent for marketing and sale purposes.
“Property”
The property identified in the Appointment Form.
“Redress Scheme Order”
The Estate Agents (Redress Scheme) Order 2008.
“Seller”
The legal owner of a property or a person with legal authority to transfer ownership.
“Services”
The Agent’s duties as set out in Clause 5 of this Agreement.
“Sole Agency”
An owner is liable to pay Commission to the Agent if unconditional contracts for the sale of a property are exchanged with a purchaser introduced by the Agent, with whom the Agent had negotiations during that period, or introduced by another agent during that period.
“We/Us/Our”
Means the Agent and includes all employees, agents, and sub-contractors of the Agent.
“You/Your”
Means a consumer who is a customer of the Agent.
Each reference to “writing” includes electronic communication (e.g. email). Headings are for convenience only and do not affect interpretation.
Information About Us
Company Name: Stapledon Estate Agents Ltd
Company Number: 16682181
Registered Office: 69 Column Road, Wirral, United Kingdom, CH48 1LG
Communication and Contact Details
Telephone: 07938 752 429
Email: hello@stapledonestateagents.co.uk
Postal: Stapledon Estate Agents Ltd, 69 Column Road, Wirral, CH48 1LG
All notices must be in writing and are deemed delivered:
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By email upon transmission (if a return receipt is generated)
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By courier or registered mail upon receipt
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By prepaid national post on the fifth business day after posting
Appointment of Agent
The Owner appoints the Agent to act as their agent in relation to the Property on a Sole Agency basis by carrying out the duties referred to in Clause 5. Unless otherwise stated, no other agent may be appointed during the Agency Period.
The Agent’s Duties
The Agent will:
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Market the Property for sale on the open market.
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Prepare and publish approved Property Particulars, including photos and descriptions.
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Provide advice on property value based on local market data.
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Arrange Energy Performance Certificates (EPC) if required.
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Erect and maintain “For Sale” boards (if requested).
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Manage enquiries, viewings, and buyer communication.
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Verify buyer funds and communicate offers promptly.
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Submit invoices following exchange of contracts.
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Maintain licences, act with due care, and comply with all legislation.
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Deduct the applicable Cashback Payment from the final Commission.
The Owner’s Commitments
The Owner must:
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Confirm they are the legal owner and provide evidence if required.
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Provide two sets of keys.
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Supply or arrange an EPC.
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Approve all Property Particulars before publication.
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Keep the Property secure if unoccupied.
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Maintain any “For Sale” board.
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Inform the Agent of all offers received.
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Pay Commission and any applicable VAT promptly.
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Indemnify the Agent for actions taken on their behalf.
Cancellation During the Cooling-Off Period
If the Agreement is not signed on our premises, You have a 14-day cooling-off period from the date the contract is made.
To cancel, notify us in writing by email or post. You may use the Model Cancellation Form if you wish.
Refunds will be processed within 14 days. If Services begin during this period, you may be charged proportionally for work completed.
Duration and Termination
This Agreement continues for the Agency Period stated in the Appointment Form unless terminated.
Either party may terminate with at least two weeks’ written notice after the first 12 weeks of the Agency Period.
Commission remains payable if a buyer introduced by the Agent exchanges contracts within six months of termination (with another agent) or within two years (without another agent).
Complaints and Redress
Stapledon Estate Agents Ltd is a member of The Property Ombudsman and The Property Redress Scheme.
A copy of our complaints procedure is available on request.
Data Protection
We will only use your personal information in accordance with our Privacy Notice available on our website.
Money Laundering
We comply with all UK money laundering and anti-terrorism legislation.
We may require identification documents and verification checks before marketing can begin.
We may be legally obliged to share information with authorities if suspicious activity is identified.
Consumer Protection and Disclosure
The Seller must ensure all information provided about the Property is accurate and not misleading.
This includes any details regarding boundaries, defects, planning permissions, covenants, or tenancies.
You must notify us of any changes immediately.
You agree to indemnify us for any losses arising from false or incomplete information.
VAT
Our fees are exclusive of VAT unless stated otherwise.
If VAT becomes chargeable, the Owner will be responsible for paying the applicable rate.
Double Commission
You may be liable to pay commission to another agent if:
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You have previously instructed another agent on a joint or multiple agency basis; or
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You instruct another agent during or after the Agency Period.
Law and Jurisdiction
These Terms and Conditions are governed by the laws of England and Wales.
Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Stapledon Estate Agents Ltd
69 Column Road, Wirral, CH48 1LG
hello@stapledonestateagents.co.uk | 07938 752 429