Terms of Business


Galloways are proud members of The Property Ombudsman and we subscribe to a code of practise.

Fees & Terms

RESERVED RIGHTS:

Sole Agency

The Seller will be liable to pay remuneration to the Agent, in addition to any costs or charges agreed, if at any time unconditional contracts for the sale of the Property are exchanged with a Buyer introduced by the Agent during the Sole Agency period of 16 weeks and will continue until either party gives fourteen days written notice to expire at the end of the Initial Period or thereafter; or with whom the Agent had negotiations about the Property during that Initial Period; or with a Buyer introduced by another agent during that Initial Period.

The Initial Period of the Sole Agency will commence from the first day that marketing is allowed under the Regulations for the provision of an Energy Performance Certificate (“EPC”) meaning that the Agent or the Seller has commissioned an EPC; and there the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Cancellation Regulations”) apply, from the first day after the expiry of the cancellation period, or from the date the Seller requests the Agent in writing to begin marketing the Property under this Agreement.

In the following circumstances the Seller will be liable to pay more than one fee including any VAT in addition to any agreed costs and charges:

  • Where the Seller has previously instructed another agent to sell the Property on a Sole Agency basis; or
  • Where the Seller instructs another agent during or after the Initial Period of the Sole Agency.

Galloways will also be entitled to commission fee in each of the following circumstances:

  • If unconditional contracts for the sale of the Property are exchanged during our Sole Agency even if the Buyer was not found by us but by another agent or by any other person, including yourself;
  • If unconditional contracts for the sale of the Property are exchanged within 6 months of the expiry of the period during which we have Sole Agency but to a purchaser who was introduced* to the Seller during the period or with whom we had negotiations about the Property during that period. If no other estate agent is involved this time limit extends to two years. You agree to notify us in these circumstances.
    *A buyer is deemed to have been introduced by the Agent if, during our Sole Agency the Buyer was made aware of the availability for sale of the Property through, for example, advertisements / window displays / internet exposure / applicant database leads or through any other action of the Agent, even if the actual approach was direct to the Seller or through another agent.
  • The fee for Sole Agency is specified at clause 4 below. If the Seller part exchanges the Property or arranges a direct transfer with a buyer, the fees payable to the Agent will remain as the commission rate shown on the full sales value of the Property as shown at clause 4 below. Once the Agent has received written confirmation of instructions to sell the Property any direct approach or direct offer must be notified to the Agent. The full commission specified within the Agreement will be payable for any such offer unless special arrangements have been agreed in writing at the time the instructions to sell the Property were confirmed.

Multiple Agency

You will be liable to pay Commission to us, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the Property are exchanged: with a buyer introduced by us during the period of our agency; with a buyer with whom we have negotiations about the Property during that period.

Our agency will continue until the Property is sold or fourteen days after a written notice terminating the agency is given by either party to the other in writing. You will be liable to pay the agreed Commission to us in addition to any other costs or charges agreed, if at any time or within six months of termination by you of this Agreement in writing if another agent is instructed and unconditional contracts for the sale of the Property are exchanged in the following circumstances: a buyer who was introduced by us during the period of our multiple agency; a buyer with whom we had negotiations about the Property during that period. Our Multiple agency Fee is specified at clause 6 below.

The Multiple Agency Period of the Agent will commence from the first day that marketing is allowed provided that:

  • Regulations for the provision of an Energy Performance Certificate “EPC” has, where required, been commissioned by the Agent or the Seller; or
  • From the date the Seller requests the Agent in writing to begin marketing the Property under this Agreement; or
  • On the first day after the expiry of the cancellation period set out in Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The Period of the Multiple Agency will commence from the first day that marketing is allowed under the Regulations for the provision of an Energy Performance Certificate (“EPC”) meaning that the Agent or the Seller has commissioned an EPC; and where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Cancellation Regulations”) apply, from the first day after the expiry of the cancellation period, or from the date the Seller requests the Agent in writing to begin marketing the Property under this Agreement.

In the following circumstances the Seller may be liable to pay more than one fee including any VAT and in addition to any agreed costs and charges:

  • Where the Seller has previously instructed another agent to sell the Property on a Sole Agency or Joint Sole Agency basis; or

Under the following circumstances the Agent will also be entitled to a commission fee:

  • If unconditional contracts for the sale of the Property are exchanged within 6 months of the expiry of the period during which the Agent had a Multiple Agency arrangement to a purchaser who was introduced* to the Seller during the period or with whom the Agent had negotiations about the Property during that period. If no other estate agent is involved this time limit extends to 12 months. The Seller agrees to notify the Agent in these circumstances.
  • The fee for Multiple Agency is specified at clause 6 below. If the Seller part exchanges the Property or arranges a direct transfer with a buyer the fees payable to the Agent will remain as the commission rate shown on the full sales value of the Property. Once the Agent has received written confirmation of instructions to sell the Property any direct approach or direct offer must be notified to the Agent. The full commission specified within the Agreement will be payable for any such offer unless special arrangements have been agreed in writing at the time the instructions to sell the Property were confirmed.
  • Commission and Expenses

Sole Agency

The commission payable for Sole Agency/Joint Sole Agency will be calculated at a rate of ___% of the contract selling price exclusive of VAT which is calculated to be £_________ exclusive of VAT (£_______ inclusive of VAT) for Sole Agency. If the contract selling price is higher or lower than the price at which the Property is marketed then the commission payable will be correspondingly higher or lower. The sale price will include any extra allowance for curtains, carpets furniture fixtures and fittings or other items. If contracts are exchanged the fee of the Agent will be calculated on the full value attributed to the Property inclusive of the above items.

If the Buyer exchanges contracts and pays a deposit but fails to complete the purchase the Agent will charge half the agreed fee together with any agreed expenses which remain outstanding. Payment becomes due within twenty-eight days of submission of the invoice to the Seller or their solicitor.

  • If the Seller withdraws instructions to market the Property, the Seller will be liable for the costs and expenses incurred by the Agent to the date the period of Sole Agency expires, up to a maximum of £100.00 plus VAT. This clause will apply if the Seller withdraws instructions at any time after the 14 days’ cancellation period, or at any time after the Agent has received a written request to market the Property.
  • Each person shown at the Land Registry as a joint owner of the Property, legally acting as an executor or through a Lasting Power of Attorney is liable for the payment of all fees and expenses due to the Agent as an individual until all fees costs and expenses are paid in full; and as a group forming the Seller or his legal representative until all expenses are paid in full. The Seller agrees to instruct their solicitor or licensed conveyancer that the Agent may submit their invoice to them following exchange of contracts for payment immediately on the completion date or within 30 days of exchange, whichever is the earlier.
  • If payment in full is not received within the timeframes set out in this Agreement, the Seller will pay to the Agent interest at 3% per annum above the Bank of England base rate from the due date to the date of payment. Accounts become payable upon exchange of contracts but the Agent reserves the right to agree that payment of commission and fees will be paid on completion. Payment of expenses and for any professional work becomes due and payable as at the date of the invoice submitted to the Seller or their solicitor.
  • Value Added Tax is payable at the prevailing rate. If the rate of VAT should change, the rate charged will be that applicable as at the date of our invoice.

Multiple Agency

  • The commission payable for Multiple Agency will be calculated at a rate of ______% of the contract selling price exclusive of VAT which is calculated to be £_________ exclusive of VAT (£_______ inclusive of VAT) for Multiple Agency. If the contract selling price is higher or lower than the price at which the Property is marketed then the commission payable will be correspondingly higher or lower than specified above. The sale price will include any extra allowance for curtains, carpets furniture fixtures and fittings or other items. If contracts are exchanged the fee of the Agent will be calculated on the full value attributed to the Property inclusive of the above items;
  • The fee is due on exchange but payable on completion. If completion is delayed after exchange of contracts the Agent reserve the right to submit an account to the Seller or their solicitor. Payment of the commission together with any agreed expenses will be payable on completion or within twenty eight days of submission of the invoice if completion is delayed or does not take place.
  • If the Buyer exchanges contracts and pays a deposit but fails to complete the purchase the Agent will charge half the agreed fee together with any agreed expenses which remain outstanding. Payment becomes due within twenty eight days of submission of the invoice to the Seller or their solicitor.
  • If the Seller withdraws instructions to market the Property the Seller will be liable for the agreed unpaid costs and expenses incurred by the Agent to the date the period of Multiple Agency expires up to a maximum of £100.00 plus VAT. This clause will apply if the Seller withdraws instructions at any time after the 14 day cancellation period, or at any time after the Agent has received a written request to market the Property.

Service Information

  • Galloways trade as a Limited company registered at Companies House (Reg. No 5022997).
  • The VAT number is 835844794.
  • Galloways are members of the dispute and compensation scheme operated by – TPO (The Property Ombudsman) the registration number is: 01735
  • Galloways are members of Propertymark the National Association of Estate Agents and subscribe to the code of conduct of that organisation.

Sub Agency

  • The Seller agrees that Galloways may use other agents to promote or market the Property and that the Agent may pay a proportion of the agreed fees and commission for doing so to a successful sub-agent.
  •  

Related Services

  • It is possible that a prospective buyer may wish to instruct Galloways or has already instructed Galloways; or the Agent intends to offer prospective purchasers our full range of services including but not limited to valuations, surveys, estate agency, conveyancing, mortgage and financial services, rental of a property, management of a property & marketing etc. This does not affect the service provided to the Seller.

    Disclosure of Personal Interest

    • The Estate Agents Act 1979 as amended requires that the Agent declares to prospective purchasers if the Seller or any of your relations work for, or are associated in business with the Agent or any of its employees. The Agent also have to disclose any personal interest that the Agent or their staff may have with the Property. The Agent will inform the Seller as soon as the Agent become aware of any interest.

    For Sale Board

    • The Seller gives the Galloways consent to erect a For Sale board at the Property and to arrange the removal of any other agent’s board currently or subsequently displayed without the consent of the Agent. The Seller must inform the Galloways in writing if current bye-laws or any restrictions placed on the Property forbid the erection of a board. The Agent cannot be held liable for any breach of covenants or legislation if the Agent are not informed of any restrictions.

    Consumer Protection and Disclosure of Information

    • Galloways and the Seller must comply with the Consumer Protection from Unfair Trading Regulations 2008 (“the Regulations”) and the Consumer Rights Act 2015. Statements must be factually correct in all communications and the Agent must not give a potential purchaser the wrong impression about the Property to be sold. The details of the Property will not be sent to any prospective buyer until the Seller has confirmed that the content is accurate and that all fixtures and fittings included with the Property are in full working order. If that is incorrect the Seller must inform the Agent in writing. If during the marketing of the Property the approved particulars become incorrect the Seller must notify the Agent immediately in writing. Prior to marketing the Seller should disclose to the Agent any material information that might affect a prospective purchaser’s decision to buy, including details of any restrictive covenants, works carried out without relevant permissions and known proposed developments in the immediate vicinity of the Property that might affect the enjoyment of the Property. Failure to do so could lead to a claim being made against the Seller. the Agent in turn are required under the above Regulations to disclose this information to interested parties

    Uses of Information and the General Data Protection Regulations

    • The Privacy Policy as shown on the Agent’s website applies. The legitimate interest of the Agent means the Seller accepts the lawful processing of personal data by the Agent for the purpose of providing the services under this Agreement and retained by the Galloways for use in marketing and in other literature after the completion of the sale for a period of two years. If the Seller wishes to opt out of the marketing process of the Agent, the Seller should contact the Agent at the address shown in the Particulars. The information held by the Agent is confidential and will only be used to offer products and services or to disclose information obtained from the Seller to carefully selected companies with whom the Agent are connected to enable them to notify the Seller of products and services that may be of interest; to disclose details of the Property in marketing literature or portals if the Agent while the Agent acts on the Sellers behalf and for a period of two years unless the Seller informs the Agent that their details must be removed. The personal information of the Seller may also be used during the marketing period if any sub-agent instructed on the Agent’s behalf successfully arranges the sale of the Property; To refer personal details of the Seller to a debt collection agency or legal adviser if the Fees expenses and other agreed costs specified in this contract are unpaid 14 days after legal completion or within 30 days of exchange if completion does not take place; to disclose information to Surveyors Ombudsman Services Limited (“the Ombudsman”) if required to resolve any complaint or dispute if requested by the Ombudsman; or for auditing purposes under the above Scheme if requested by the Ombudsman; to comply with statute or a request from a government or law enforcement agency; and to provide personal details to utility suppliers and the local authority upon completion unless requested not to do so by the Seller in writing. If the Seller does not wish personal information or Property details to be used for the marketing of products or services or in advertising literature after completion of a sale, the Seller must write to the Agent at the address shown at the start of this Agreement.

    Energy Performance Certificate (“EPC”)

    • Under EU legislation the Seller is required to commission an Energy Performance Certificate (EPC) prior to marketing the Property. Galloways are required to display the EPC graph / rating in all marketing materials including brochures, internet listings, advertisements and window cards. Listed buildings are exempt from these Regulations. Should you instruct Galloways to carry out an Energy Performance Certificate on your behalf, the fee due will be £65.00 + VAT. (£78.00 including VAT).

    Money Laundering

    • Galloways are required to comply with the Money Laundering Regulations 2017, the Serious Crimes Act 2015 and guidance from Her Majesty’s Customs and Revenue (“HMRC”). We have a legal obligation to identify the beneficial owner of a property, whether it be a private individual/s, a company, trust or estate. The Agent may use a third-party data provider to comply with these regulations. The Seller must provide proof of identity being a passport a driving licence with a photograph of a current identity card for certain countries; together with proof of residence being a utility bill, bank statement or similar. A company may have to produce their certificate of registration. Memorandum and Articles of Association together with identity of the director who signs documentation on their behalf. Further identity may be required.

    Appointments and Personal Safety

    • Galloways will always inform the Seller of an appointment for any prospective buyer to view the Property unless otherwise instructed in writing. If, at any time the Seller is approached directly by any person, the Seller should inform the Agent immediately.

    Termination

    Galloways may terminate this Agreement with immediate effect upon giving written notice to the Seller if at any time (which includes any person acting on your behalf) the Seller fails to provide instructions within a reasonable time of a written request from the Agent thus placing the Agent in breach of any obligations under various statutory legislation; or

    • Codes of practice which may apply from time to time have been breached; or
    • Any actions by the Seller or his representatives or actions of the Agent or any of their employees discriminating against any party; or
    • the Seller discriminates against or abuses any employee, potential buyer, contractor of the Agent or other person acting on behalf of the Agent;
    • if Galloways Estate Agents breaks any important term or condition contained in the Agreement during the term of a Tenancy Agreement where thirty days written notice of the breach has been given by the other party; the breach has not been remedied and monetary compensation is wholly inadequate;
    • if the Seller is in major breach of any of the terms contained in the Agreement or if the Seller does or does not do something which makes it impossible, impracticable or illegal for Galloways Estate Agents to continue to perform the obligations under the Agreement.

    Contracts (Rights of Third Parties) Act 1999 and Acts of Third Parties

    • This contract does not give any rights to any third party, unless specifically expressed and agreed in writing. The Contracts (Rights of Third Parties) Act 1999 does not apply to this Agreement. The Agent are not responsible or liable for the acts, omissions or failures of third parties unless it is due to the negligence or breach of contract or omissions of the Agent or their employees.
    • The Seller agrees not to take action bring any claim in respect of loss or damage suffered by the Seller arising out of or in connection with this Agreement against any individual partner, consultant, employee or agent even where any of those persons have been negligent. This restriction will not operate to exclude any liability that cannot be excluded at law or to exclude the liability of the Agent for the acts or omissions of any of their partners, consultants, employees or agents.

    Limited Liability

    • Our liability to you in respect of any one matter is limited to a total of £1,000,000
    • Variation of Terms
    • Any variation of the terms of this Agreement will only be valid if confirmed to the Seller in writing and signed by a director or partner of the Agent and the Seller.

    Assignment

    • The Agent may assign the rights and obligations under the Agreement providing the rights of the Seller are not affected upon giving the Seller 7 day’s notice in writing.

    Jurisdiction and Service of Notices

    • The terms of the Agreement will be governed by the laws of England and Wales. If either party deliver by hand any Notices or documents which are necessary under the Agreement, or any Act of Parliament to the other party by 5pm or the last known address of the other party; the documents or Notices will be deemed delivered on the next working day; or if the documents or Notices are sent by ordinary first class post addressed to the other party or the last known address of the other party; the documents or Notices will be deemed delivered two working days later; a working day excludes Saturdays, Sundays and Bank Holidays. The address for service for the Seller will be the contact address specified in this Agreement and the address for service for the Agent will be Galloways Estate Agents 282 Norwood Road West Norwood SE27 9AJ.

    Unoccupied Property

    • Galloways are not responsible for the management, maintenance or repair of the Property unless agreed in writing and an additional fee charged. It is the Seller’s responsibility to ensure that where the Property is unoccupied it is adequately secured, mains services are turned off, water and heating systems professionally drained and the insurers of the Property notified.

    Indemnity Policies

    • It should be noted that if any problems with the Property arise as a result, for example, defective title, planning, building regulations or listed building obligations, it is usual for the Seller to have to cover the cost of indemnifying the defect. It is recommended that you bring up any potential issues with your solicitor at the earliest possible opportunity to avoid delays during conveyancing. 

    Complaints and the Ombudsman

    • The Agent has a complaints handling procedure and redress schemes through The Property Ombudsman (“the Ombudsman”). the Agent are certain that the Seller will be happy with their service but if there are any complaints they should be addressed initially to the office concerned marked for the attention of the managing partner; if the Seller is dissatisfied with the response then any further complaint should be addressed to the head of the group forming the Agent; the chairman from time to time of the Agent; then either the RICS or the Ombudsman If there is a complaint against any member of staff which cannot be resolved directly the Agent operates an internal complaints redress scheme full details of which can be given on request together with the time within which a reply will be received by the Seller.

    Uses of Information and the General Data Protection Regulations

    • Our Privacy Policy is shown on our website. To prevent any unauthorised access to or use of personal data, Galloways Estate Agents has the responsibility to keep the Seller’s personal information and that of any buyer or occupier confidential. We will only use the personal information of the Seller if we have a legitimate interest such as fees are not paid and Galloways Estate Agents wishes to refer the matter to a solicitor; or if Galloways Estate Agents are specifically required to divulge the information by law; or to pass it to a government agency by law; or to comply with any terms of this Agreement;
    • Galloways Estate Agents will retain the Seller’s details for marketing purposes for two years unless the Seller informs the Agent in writing that those details should be deleted; or we are required to keep any of the information for legitimate purposes such as legal use or for reporting to HMRC;

    Notice of the Right to Cancel

    • If the Seller signs this contract away from the offices of the Agent, the Seller may have a right to cancel the contract. Full details are shown in the Cancellation Form. If the Seller wishes the Agent to begin marketing the Property immediately the first part of the attached Notice must be signed. The later part is used if the Seller wishes to cancel instructions to the Agent.

    THE PROPERTY MISDESCRIPTIONS ACT

    Galloways are required by law to confirm that the sale particulars relating to your property, to the best of your knowledge and belief, do not contain any error, mistake or misdescription of any kind.  Draft particulars will be sent to you, together with a confirmation letter.  These draft particulars must be returned having CHECKED, SIGNED AND DATED them making any corrections if necessary.  Attending our office to sign the draft particulars would be preferred.

     

    DOCUMENTARY PROOF OF FACTS

    Guarantees, warranties, service agreements and all other documents relating to statements made in our particulars, advertising or verbally relating to your property must now be kept on our files (copies).  As this is a legal requirement, please ensure copies are given to us on property inspection or sent to us as soon as possible.  Galloways will photocopy and return if so requested. (No charge for this service). 

     

    NOTIFICATION OF CHARGE

    Sellers must also confirm immediately, in writing prior to exchange of contracts, if any faults or problems develop with the property, or there is any material change involving any of the fixtures and fittings.  Failure to notify Galloways will leave the seller liable to indemnify us should a claim arise through such misdescription.

     

    DECLARATION OF PERSONAL INTEREST

    Galloways are required to disclose any personal interest, as defined in Section 21 of the Estate Agents Act 1979, to any prospective purchaser.  Should the seller be aware of any member within his/her immediate family being an employee of any Estate Agent, full details must be given.

     

    SUB AGENTS

    The seller hereby authorises Galloways (or any other joint agent) to appoint one or more sub-agents (at no extra cost to the seller) at the sole discretion of Galloways to assist in the marketing of the property, unless the seller specifically instructs, in writing, to the contrary.

     

    GENERAL PROVISIONS

    Galloways has no responsibility for repair or maintenance of any property which is left vacant during the Agency Period and the repair and maintenance of such property will remain the sellers responsibility.

     

    ESTATE AGENTS BOARDS

    Upon receiving the sellers authority, Galloways will erect a ‘For Sale’ board on the property.  Upon giving such authority, the seller agrees not to instruct any other agent to place a board on the property, without prior notification to Galloways.

     

    SELLERS WARRANTIES

    The seller(s) represent(s) and warrant(s) to Galloways that they are entitled to sell the property and have legal title hereto without having to obtain the consent of any third party and have full power and authority to enter into a binding contract for the sale of the property and also to enter into an Agency Agreement with Galloways for the sale of it.

     

    CONCIERGE SERVICES

    All tenants will recieve at no extra charge concierge services which comprise arranging change of occupation notifications for council tax and utilities, as well as setting up optional services such as broadband, TV, phone, insruance, and/or where requested other moving - related needs such as insurance, cleaning, storage or removals("Concierge Services").The Concierge Services are provided on Galloways Property Limited's behalf by Ethical Introdcutions Limited (t/a Just Move In). Please not that in order to arrange and confirm the scope of the Concierge Services to be provided, you will be contacted by telephone, text or email by Just Move In. 

    TREATMENT OF PERSONAL DATA

    Just Move In will receive and is also a controller of users' Personal Data necessary for the provision of the Concierge Services, as further described in our Privacy Policy. 

      • The Estate Agents Act 1979 as amended requires that the Agent declares to prospective purchasers if the Seller or any of your relations work for, or are associated in business with the Agent or any of its employees. The Agent also have to disclose any personal interest that the Agent or their staff may have with the Property. The Agent will inform the Seller as soon as the Agent become aware of any interest.