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.
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- 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.