Terms and Conditions
In this document:
The Vendor means all those persons who own the property, who shall be liable jointly and severally to pay the fees.
The document headed Wingate & Withers Agreement and the conditions set out therein constitute the contract between the Vendor and Wingate & Withers.
Any additional terms will be incorporated within a separate letter addressed to the Vendor or the Vendor’s agents.
Commission is payable to Wingate & Withers on the total sale price of the property, which shall be deemed to include any additional sum agreed for fixtures and fittings.
The Vendor becomes liable to pay commission to Wingate & Withers on the occurrence of any of the events set out in Clauses 5.2, 6.1, 6.2, 7.2, 8.2 and possibly 10 below and payment becomes due on the date of completion of the sale of the property. For the avoidance of doubt if any contracts are exchanged which are conditional and any conditions are not fulfilled such that completion of the property does not take place, then no commission is due to Curchods.
Curchods reserves the right to charge interest on overdue commission (both before and after judgment) at the rate of 4% above the National Westminster Bank base rate as varied from time to time.
All fees and expenses will be subject to VAT at the prevailing rate.
E.P.C (Energy Performance Certificate)
Legislation now requires that at the point of placing a property on the market an EPC must be commissioned. As you would expect of Wingate & Withers we have a swift and very effective method of EPC production for those clients who wish us to arrange the certificate for them.
Responsibility for marketing costs where applicable (e.g. special advertising brochures, professional photography, national advertising etc.) and other expenses will always be pre-agreed with the Vendor with an estimate of costs given and confirmed in writing. Where it is agreed that the Vendor will pay for these additional costs and expenses they will be payable within 7 days of a request for payment.
This means that the Vendor appoints Wingate & Withers as the only agent for the sale of property.
The Vendor shall pay to Wingate & Withers the sole agency commission (being the sole agency percentage specified in Wingate & Withers’ Agency Agreement, of the total sale price of the property, or such other percentage or sum as may be agreed and confirmed in writing by Wingate & Withers) if contracts for the sale of the property are exchanged (whether during the period of the sole agency agreement or at any time thereafter) with a buyer who was first introduced to the purchase, during the period of the sole agency by Wingate & Withers or another agency.
Sole Selling Rights
This means the vendor will be liable to pay remuneration to Wingate & Withers in addition to any other costs or charges agreed in each of the following circumstances.
If unconditional contracts for the sale of a property are exchanged in the period during which Wingate & Withers have sole selling rights, even if the purchaser was not found by Wingate & Withers but by another agent or by any other person including yourself.
If unconditional contracts for the sale of a property are exchanged after the expiry of the period during which Wingate & Withers have sole selling rights, but to a purchaser who was introduced to the purchase by Wingate & Withers during that period.
This means that the Vendor is free to enter into separate agreements for the sale of the property with more than one agent.
The Vendor shall pay to Wingate & Withers the multiple agency commission (being the multiple agency percentage specified in Wingate & Withers’ Agency Agreement of the total sale price of the property, or such other percentage or sum as may be agreed and confirmed in writing by Wingate & Withers) if contracts for the sale of the property are exchanged (whether during the period of the multiple agency agreement or at any time thereafter) with a buyer first introduced to the purchase by Wingate & Withers.
Joint Sole Agency
This means that the Vendor appoints Wingate & withers and one other named joint sole agent to act in conjunction with one another for the sale of the property.
The Vendor shall pay to Wingate and Withers the joint sole agency commission (being the joint sole agency percentage specified in Wingate and Withers ’ Agency Agreement of the total sale price of the property, or such other percentage or sum as may be agreed and confirmed in writing by Wingate and Withers ) if contracts for the sale of the property are exchanged (whether during the period of the joint sole agency agreement or at any time thereafter) with a buyer first introduced to the purchase by Wingate and Withers , the named joint sole agent or any other agent during the period of the joint sole agency.
Term And Termination
In circumstances where Wingate and Withers have agreed with the Vendor a specified term for the duration of the agreement between them, which is set out in Wingate and Withers ’ Agency Agreement, or has been confirmed by Wingate and Withers in writing, that agreement will continue at the end of the agreed period until/unless cancelled by either party in writing.
If there is no such term agreed in accordance with Clause 9.1 above, either party may terminate the agreement on giving not less than 14 days written notice to the other.
Dual Fee Liability
There may be a dual fee liability if:
Another agent had previously been instructed to sell the same property on a sole agency, joint sole agency, or sole selling rights basis; or
Another agent is instructed during or after the period of an agreed sole agency, joint sole agency or sole selling rights basis with Wingate and Withers.
Statutory Obligations/Codes Of Practice
Wingate and Withers comply strictly with the provisions of the Estate Agents Act 1979, the Property Misdescriptions Act 1991, the Codes of Practice of the National Association of Estate Agents and Ombudsman for Estate Agents.
Wingate and Withers are required to disclose to prospective buyers any connection that the Vendor may have with Wingate and Withers or any member of Wingate and Withers ’ staff so that all parties to any transactions are aware of possible conflicts of interest. The Vendor must inform Wingate and Withers if any such connection exists.
On receipt of instructions from the Vendor, Wingate and Withers will prepare sales particulars of the property which will be forwarded to the Vendor for checking and signing off. The Vendor is required to ensure that these particulars are accurate and in no way misleading.
For Sale Board
With the consent of the Vendor, Wingate and Withers will erect a “For Sale” board outside the property. It may be an offence for more than one agent’s board to be displayed and the Vendor agrees that no other board is erected.
Wingate and Withers ’ Services
In addition to the sale of property, Wingate and Withers offer a wide range of property related services which may be offered to the Vendor and/or to prospective buyers and from which Wingate and Withers may receive fee income and commission.