1.1 This agreement sets out the terms and conditions under which We will act for You in the sale of Your Property. Please read the following terms of business which should be signed both by You (or a person acting on Your behalf) as Seller of the Property and by one of our representatives.

1.2 If during the period of our retainer You exchange contracts with a Buyer then You will be liable to pay us the applicable fee an agreed between us in the Instruction Agreement.

1.3 If during the period of six months after our retainer has terminated You exchange Contracts with a Buyer as defined at 1.6 below then You will be liable to pay us the fee which would have been payable if You had exchanged contracts immediately prior to the termination of the retainer.

1.4 Our Multiple Agency terms will apply if at any time another agent is appointed by you to sell the property in addition to us at the end of the CharEstate Agency period.

1.5 If the Property is sold through another agent appointed by You, You agree to advise us of the name and address of the buyer, the sale price, the date on which Contracts were exchanged and the name and address of the said Agent.

1.6 The “Buyer” means anyone who has learned about the Property through our marketing activity, either directly or indirectly, including advertisements, office displays, sales details, ‘For Sale’ boards, electronic advertising (including via an internet Web site) leaflets or any other written or verbal information given about the Property and that person shall be deemed to have been introduced by Us to You.

1.7 References to an introduction by CharEstate will include both direct and indirect introductions such as seeing a Charestate sale board or advertisement in any publication.

“FOR SALE” boards are an extremely important marketing tool. They advertise that the Property if FOR SALE 24 hours a day, seven days a week. Under current legislation only one FOR SALE board is permitted outside each property. Contravention of this may result in You or us being liable to prosecution by the Local Authority.

Under the Property Misdescription Act 1991 it is a criminal offence for us to misdescribe a property. Our sales particulars will be prepared in accordance with the terms of this Act. We will only be able to make a statement as to facts, which can be properly verified and confirmed by You. It is Your responsibility to check to ensure that all information and facts are true.

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 the CharEstate Agency is in force, even if the buyer was not found by us but another agent or by any other person, including Yourself;
• if unconditional contracts for the sale of the Property are exchanged after the expiry of the period of the CharEstate Agency but to a Buyer who was introduced to You during that period or with whom negotiations about the Property had been conducted either through us or through another agent or by any other person including Yourself during that period.

You will be liable to pay our fee, at the multiple agency rate, in addition to any other costs or charges agreed if, at any time, contracts for the sale of the Property are exchanged with a Buyer or any person with We had negotiations about the Property.

If we consider that it may be of assistance in effecting a sale (and providing that You have expressed no prior objection) We may appoint a sub agent(s). We will settle any sub agent’s fees from our own fee, which in the event of a sale through a sub-agent appointed by us remains payable by You to Us in full.

7.1 In calculating the fees payable to us the Agreed Sale Price for the purpose of calculating Our fee shall be the sum payable for the Property in any contract for sale including all fixtures and fittings, and any carpets, curtains and furniture included in the sale. The fee will become payable upon exchange of contracts and shall be paid by You upon completion or within six months of exchange of contracts whichever is the sooner.

7.2 If our invoices, fees and/or other charges remain unpaid for more than 14 days after the due date or the date of the invoice (whichever is the later) we may charge interest (before or after any judgement) at the statutory rate applicable to debts under the Late Payment of Commercial Debts (Interest) Act 1998 from the date when payment was due until payment is received.

To help sell the Property, we offer related services such as mortgage, insurance, and residential letting and management services. If a prospective purchaser of Your property has a property to sell within the area we cover we will offer to act in the sale of the Property.

We are not responsible for the maintenance or repair of the Property if it is unoccupied, unless we have agreed otherwise in writing. It is Your responsibility to ensure that mains services are turned off, water and heating systems professionally drained down and insurers notified.

10.1 Either party may terminate this Agreement at any time after the initial period as agreed overleaf provided that fourteen days prior written notice has been given.

10.2 Any termination will not affect rights or liabilities previously incurred.

10.3 You must send Your written notice to the branch address specified in this agreement. We must send our notice to Your address specified overleaf.

10.4 All notices must be sent by first class post and shall be regarded as having been received 24 hours after posting.

We will at all times comply with the provisions of the Data Protection Act 1988 regarding personal data received from You.