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Brooks Leney Country House Sales - Terms and Conditions

TERMS AND CONDITIONS
EFFECTIVE APRIL 2024

1.0 Instruction Period
BL’s instruction period commences from the date of this agreement and can be terminated by You with 21 days' notice in writing or by email to residential@brooksleney.co.uk.

2.0 Commission and Sole Selling Rights
You will be liable to pay commission at the rate of 1.0% plus VAT (equivalent to 1.2% including VAT) of the sale price achieved albeit with a minimum charge of £7,000.00 plus VAT (equivalent to £8400.00 including VAT) and a maximum charge of £20,000.00 plus VAT (equivalent to £24,000.00 including VAT).
 
This commission is payable where a buyer completes on a purchase who was introduced during our sole agency period (where we have sole selling rights) even if the buyer was introduced by you or another estate agent.
 
You are liable to pay our commission if within six months of the end of our instruction period, you sell the property through a different estate agent to a purchaser introduced by us during our instruction period.
 
 You are liable to pay our commission if within two years of the end of our instruction period, you sell the property (without the involvement of another estate agent) to a purchaser introduced by us during our instruction period.

3.0 Unaccompanied Viewings Discount
In the event that you choose to accompany all the viewings arranged during BL’s contract period yourself (meaning a BL representative does not attend) then the commission described in clause 2.0 will be reduced by £1000.00 plus VAT (equivalent to £1200.00 including VAT).

4.0 Sole Agency
BL only operates as a sole agent meaning that during BL’s instruction no other estate agent or private seller is permitted to market the property via any medium without consent from BL in writing.

5.0 Previously Interested Buyers
The names of any interested buyers who have previously been introduced to Your property either privately or by other estate agents should be provided to BL in writing or by email prior to completion of these terms and conditions.

6.0 Insurance and Keys
In the event that BL are supplied with keys to Your property, liability for any loss or damage cannot be accepted. Your insurers should be notified of the circumstances as appropriate.

7.0 Offers
Every offer made via BL on Your property will be communicated to You both orally and in writing by email. Any offer You receive (directly or via another agent) during BL’s instruction period must be disclosed to BL with the identity of the purchaser before Exchange of Contracts.

8.0 Termination
BL reserves the right to terminate their appointment at any time [and upon any reasonable grounds] by giving ten day’s written notice to You.

9.0 Conflict of Interest
In accordance with the Estate Agents Act 1979 BL are required to ask You if You are engaged in estate agency work. If so, this must be disclosed to a member of BL in writing or by email to residential@brooksleney.co.uk.

10.0 Money Laundering Regulations
In accordance with current Money Laundering Regulations BL is required to obtain photographic identification and evidence of property ownership from You prior to the launch of Your property.

11.0 The Property Ombudsman
BL adheres to all codes of practice, including a complaints procedure as described by The Property Ombudsman (https://www.tpos.co.uk/)

12.0 Right to Cancel
When these terms are signed online or face-to-face with a BL staff member you will be entitled to terminate our instructions within 14 calendar days in writing or by email to residential@brooksleney.co.uk

13.0 Optional virtual tour
If you choose for BL to produce a virtual tour of your home you agree to pay BL £175.00 (equivalent to £210.00 including VAT) to meet its cost of production, either on completion of a sale (in addition to BL’s commission) or on termination of BL’s instructions. Once payment has been made you will be provided with the digital record for the tour for you own use.

14.0 Drawing charges
In the event that you or your solicitor instructs BL to produce a Land Registry Compliant sitemap for conveyancing purposes, You agree to pay £100.00 + VAT (equivalent to £120.00 including VAT) per copy produced and a further £50.00 + VAT (equivalent to £60.00 including VAT) for every amendment made thereafter. These charges will be raised on completion of a sale or on termination of BL’s instructions.


Definitions
“Exchange of Contracts” means an unconditional exchange of contracts. “BL” means Brooks Leney whose trading names are Brooks Leney and Bloomfield Grey. Brooks Leney’s registered office is Hyntle Barn, Hill Farm, Hintlesham, Ipswich, IP8 3NJ (company registration number 10393569)

“You” means you or the person/company instructing BL.

“Introduction” means where a buyer has either viewed a property in person (or through a third party) or has had the property brought to his/her attention via marketing organised by BL.