Terms of Business

  1. Sole Agency

When you instruct Ulla Toussaint 1932(“Ulla Toussaint 1932 Estate Agents”) as the Sole Agent you will be liable to pay commission to us, 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 us during the period of our Sole Agency; or with whom we have negotiations about the Property during that period; or with a Buyer introduced by another agent during that period.

 

The Sole Agency period will be for an initial period of twelve weeks and will continue until either party gives to the other 14 days’ notice in writing. Any notice may be served during the period of the Sole Agency to expire at the end of the agreed period or may be served at any time after the agreed period has come to an end.

 

During the period of the Sole Agency agreement the Property remains with us for sale and this excludes all other estate agents. If you do instruct another agent during this sole agency period (with or without informing us) the fee payable by you to Ulla Toussaint 1932 Estate Agents will be the rate payable for a multiple agency in place of the Sole Agency rate specified in the Confirmation of your terms and Conditions.

 

There may be a situation where you are liable to pay two fees, together with any agreed costs and expenses agreed at the time of instruction:

 

  • If you have already instructed another agent in connection with the sale of your property on a Sole or Joint Agency or Sole Selling Rights basis.

  • If you have given us Sole Agency or Joint Agency and have instructed another agent who is not instructed at the same time as us to sell the property at a later date.

  • If you have given us Sole Agency and instructed another agent during the term of this Sole Agency period.

  • If a Buyer introduced to you during our period od Sole Agency or with whom we had negotiations about your Property during this period purchases through another estate agency. We will not have the right to be paid commission, provided that the other agent introduced the buyer six months or more from the date that we were disinstructed.

  • If a Buyer introduced to you during our period of Sole Agency who does not use an agent purchases the Property within two years for the date that we were disinstructed our fees and expenses plus VAT will continue to be payable.

 

  1. Multiple Agency

When Ulla Toussaint 1932 Estate Agents is appointed together with a number of other agents to market your property our period of agency will continue until such time as the Property is sold or until either you or we bring it to an end by giving 14 days’ notice in writing.

 

You will be liable to pay the multiple agency commission as specified in the Confirmation of your Terms and Conditions agency to Ulla Toussaint 1932 Estate Agents, in addition to any other costs or charges agreed, if at any time or within 6 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 Ulla Toussaint 1932 Estate Agents during the period of our multiple agencies.

  • A Buyer with whom we had negotiations about the Property during that period.

 

  1. Payment of Fees

By signing this Agreement, you give Ulla Toussaint 1932 Estate Agents authority to submit our invoice to you based upon a percentage of the agreed price on that date and provided there is sufficient balance of the proceeds of sale to settle Ulla Toussaint 1932 Estate Agents’s fees in full. If any of our fees remain outstanding you must pay us direct. At our discretion payment can be delayed until the completion date. However, if for any reason completion is delayed or does not take place within thirty days of exchange our fees become payable with immediate effect. By signing this Agreement, you confirm that you authorise and instruct us on your behalf on the sale of the property.

If the Property is part-exchanged with other premises our fees will be calculated on the full market value of the Property with vacant possession on the day that the exchange takes place.

If a sale is agreed and contracts are exchanged for an unconditional sale of the Property due to an introduction of a Buyer through our website or any other internet site our fees will become due upon exchange of contracts and payable upon completion or within thirty days of exchange whichever is the earlier.

If more that one person signs this Agreement liability for payment of our fees will be Joint and Several which means that we may apply to either person to pay the full sum owing in fees, costs and any agreed expenses.

  1. Interest on late Payment

Should all or any part of the fees and agreed costs due to Ulla Toussaint 1932 Estate Agents remain outstanding for more than twenty-one days after the completion date or more than thirty days from the date of exchange whichever is the earlier, Ulla Toussaint 1932 Estate Agents reserves the right to charge interest at an annual rate of 3% above base rate of NatWest Bank, from the date fees first became due on exchange of contracts.

 

  1. For Sale Board

By signing this Agreement, you give Ulla Toussaint 1932 Estate Agents consent to erect a For Sale board at the Property, subject to any local authority restrictions, bye-laws, conservation areas or other covenants relating to the Property. You must inform us in writing if current bye-laws or any restrictions placed on your property forbid the erection of a board. We cannot be held liable for any breach of covenants or legislation if we are not informed of any restrictions.

 

To ensure compliance with the Town and County Planning (Control of Advertisements) Regulations 2007, you agree not to allow the display of any other estates agent’s board whilst our board is displayed. You also give us authority to arrange the removal of any other agent’s board currently or subsequently displayed without our consent at your Property. If there is a current board from another agent displayed at the Property you must arrange removal before our board can be displayed.

 

Where a multiple agency exists, Ulla Toussaint 1932 Estate Agents will only be able to erect a For Sale board once any other agent’s board has been removed.

 

  1. Disclosure

By signing this Agreement, you consent to disclose the identity of the purchaser to Ulla Toussaint 1932 Estate Agents prior to exchange of contracts should an offer for your Property be agreed privately or through another estate agent.

 

  1. Consumer Protection from Unfair Trading Regulations 2008

When making any statement about your Property, we must comply with the Consumer Protection from Unfair Trading Regulations 2008. Statements must be factually correct in all communications and we must not give a potential purchaser the wrong impression about the Property to be sold. We will send you two sets of particulars for your Property. To avoid any misunderstandings, we will require you to sign one copy of the Property details with any necessary amendments and return it to us. We will not be able to send out the Property details until you have signed and returned one of your copies. When signing the details, you are also confirming to us that all fixtures and fittings included with the Property are in full working order. If that is incorrect you must inform us in writing. If during the marketing of your Property the approved particulars become incorrect due to alterations or for any other reason you must notify us immediately.

 

  1. Keys

Ulla Toussaint 1932 Estate Agents offer a secure key tag system that ensures that third parties cannot identify which property a key belongs to, therefore in the unlikely event that keys are lost or unaccounted for, Ulla Toussaint 1932 Estate Agents’s liability is limited to the cost of cutting new keys.

 

  1. Related Services

A Buyer may wish to instruct us about a related service. Ulla Toussaint 1932 Estate Agents does offer such services, including the following:

  • The sale and letting of residential and commercial property

  • The provision of financial services

  • Conveyancing

  • Surveying

  • Property management

Where a Buyer uses other services, Ulla Toussaint 1932 Estate Agents or its employees may receive a fee or commission while acting on your behalf. Any monies received will be retained by us and will not be off-set against any fees, commission or other charges that are payable by you.

 

  1. Connected Persons

The Estate Agents Act 1979 requires that we declare to prospective purchasers if you or any of your relations work for, or are associated in business with Ulla Toussaint 1932 Estate Agents or any of its employees.

 

Unless specifically stated in our covering instruction letter, we are not aware of any personal interest existing between ourselves or anyone in our employment or any connected person(s) and you. If you are or become aware of such interest you should notify Ulla Toussaint 1932 Estate Agents in writing immediately.

 

  1. Data Protection

By signing this Agreement, you consent to the lawful processing of personal data by Ulla Toussaint 1932 Estate Agents for the purpose of providing the services under this Agreement. We comply with the General Data Protection Regulation (2016 (679)) (“GDRP”) and any UK legislation enacted to implement GDRP (“Data Protection Legislation”) and take all reasonable steps to prevent any unauthorised access to personal data. The information held by us is confidential and will only be used in accordance with our Privacy Policy, a copy of which can be seen on our website at www.Ulla Toussaint 1932 Estate Agents.ltd.uk/about/privacy-policy/. The information held by us in confidential and will only be used for the following reasons:

  • To disclose details of your Property in marketing literature if we or any sub-agent instructed on our behalf; successfully arranges the sale of your Property.

  • To comply with statute.

  • To comply with a request from a government or law enforcement agency.

  • To refer your details to a debt collection agency or legal adviser if our commission, expenses and other agreed costs are unpaid 14 days after legal completion.

  • To provide personal details to utility suppliers and the local authority upon completion unless requested not to do so by you in writing.

We may also want to offer you products and services from businesses within The Ulla Toussaint 1932 Estate Agents Group, details of which can again be found in our Privacy Policy if you would be happy for us to do this please tick here.

 

  1. Complaints Procedure

The Ulla Toussaint 1932 Estate Agents Group will use every endeavour to provide services of the highest standard.

 

However, if any dispute arises over the service provided, the complainant should contact the Manager of the Ulla Toussaint 1932 Estate Agents/Langford Russell or John Payne branch in question to allow them to try and resolve the issue. If this proves unsuccessful, the complainant should then submit full details of the dispute in writing, to The Client Relationship Manager, The Ulla Toussaint 1932 Estate Agents Group, 1 Sherman Road, Bromley, Kent, BR1 3JH or Customerservices@Ulla Toussaint 1932 Estate Agentsgroup.co.uk.

 

The Client Relationship Manager will acknowledge the complainant in writing within 3 working days and then work with the Complainant to resolve matters in order to reach a satisfactory conclusion within 7 working days of acknowledgment.

 

If the Complainant remains dissatisfied following the Client Relationship Manager’s full written response, the Complainant should then write to the Group Managing Director. Written complaints will again be acknowledged by the Group Managing Director within 3 working days of receipt and the Complainant will be provided with a full written response within 15 working days.

 

  1. Discrimination

Ulla Toussaint 1932 Estate Agents does not discriminate against any person on account of any protected characteristic that they may have. We will disintsruct ourselves from acting for you with immediate effect if you discriminate or ask Ulla Toussaint 1932 Estate Agents to discriminate for any reason.

 

  1. Direct Approaches and Personal Safety

We will always inform you of an appointment for any prospective Buyer to view your Property. If, at any time, you are approached directly by any person, who has been introduced by us to your Property directly or indirectly as a result of our promotion of it, you should inform us immediately and not allow access at that time to that person unless we have contacted you and arranged a mutually convenient appointment. If not, we will endeavour to check that person is genuine and arrange an appointment if a viewing is required by that person. Promotion includes advertising, our agency board, our brochures and websites and spoken or written advice and information given to any person. Within our sole agency period if a buyer is introduced by a vendor directly and this transaction leads to a successful exchange of contracts, our full sole agency commission will be payable.

 

  1. Money Laundering

The Money Laundering Regulations 2007 require us to obtain suitable identity documentation of our clients. To this effect we engage LifeTime Legal Limited to contact you and provide us with the necessary documentation. Current legislation may also require us to make a disclosure of information about you to the relevant government authorities or agencies if certain circumstances arise. We cannot advice you of any request made or inform you of this disclosure.

 

  1. Assignment

We may assign the rights and obligations under the Agreement providing the rights of the seller are not affected.

 

  1. Acts of Third Parties

We 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 Ulla Toussaint 1932 Estate Agents or their employees.

 

  1. Termination

Ulla Toussaint 1932 Estate Agents may terminate this Agreement forthwith upon giving written notice to you to that effect if at any time you, which includes your servants, agents, and/or authorised professional adviser acting on your behalf, provide instructions to Ulla Toussaint 1932 Estate Agents, or you fail to provide instructions within a reasonable time of a written request from Ulla Toussaint 1932 Estate Agents, and the effect would be to place Ulla Toussaint 1932 Estate Agents in breach of any of its obligations under various statutory legislation or Codes of Practice to which it is subject in relation to the performance by Ulla Toussaint 1932 Estate Agents of its obligations under this Agreement; or lead to Ulla Toussaint 1932 Estate Agents discriminating against any party; or you discriminate against or abuse any employee or other persons acting on behalf of Ulla Toussaint 1932 Estate Agents.

 

  1. Notice of Right to Cancel

In line with the consumer contacts regulations of 2013, if you are a “consumer” and you sign this contract away form from Ulla Toussaint 1932 Estate Agents offices, either following face to face negotiations or if all the negotiations have been by phone or email and you have never dealt face to face with an Ulla Toussaint 1932 Estate Agents representative, the following applies:

 

You have the right to cancel this contract within 14 days without giving any reason.

 

The cancellation period will expire after 14 days from the day you sign this Agreement.

 

  • To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement sent to us by post, fax or email. You may use the cancellation slip at the end of this document but is not obligatory.

  • To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

  • We cannot begin providing you with the service under these terms unless you have requested that we begin the service in writing.

 

 

  1. English Law

This Agreement shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Court.

 

  1. Liability and Instructions

I agree by signing this contract to be personally liable to pay Ulla Toussaint 1932 Estate Agents’s fees specified in this Agreement; agree to accept all the Terms and Conditions contained in this Agreement; and will advice you immediately if any aspect of the sales particulars is or becomes incorrect at any point in the future. I also authorise our solicitor to forward to you any information required to enable Ulla Toussaint 1932 Estate Agents to act on our behalf that is held by the solicitor. By signing we agree to pay Ulla Toussaint 1932 Estate Agents all reasonable costs and expenses awarded by the Court or incurred by the Ulla Toussaint 1932 Estate Agents for the following:

  • Recovering or attempting to recover payment of commission or other monies owed

  • Under the Terms and Conditions, the enforcement of any other breach of an obligation under these Terms and Conditions.

 

  1. Ownership and Authority

By signing this Agreement, you confirm that you are the sole or joint owner of the above Property and you confirm that you are authorised by any co-owner to instruct us to sell the Property and to give us instructions in order to progress a sale.

 

By signing this contract, the signatories confirm that if this Agreement is not signed by all the owners or trustees, etc of the Property to be sold then the signatories are authorised to sign the Agreement on behalf of such persons and will take full liability for any breach of this condition and reimburse Ulla Toussaint 1932 Estate Agents for any losses suffered due to such breach.

 

  1. Photography

The Ulla Toussaint 1932 Estate Agents Group may use and reserve the right to use the photography of your property in all forms of marketing at any time, regardless of whether the property has been sold. This includes ongoing use for marketing purposes after a sale has completed.

 

Definitions

“Client” “seller” “you” or “yours” means the person or legal entity named in the Particulars at the top of the Agreement or their successors in title.

“Ulla Toussaint 1932 Estate Agents” “Agent” “The Ulla Toussaint 1932 Estate Agents Group” “Langford Russell” “John Payne” “us” “our” or “we” means Ulla Toussaint 1932 Estate Agents Ltd which is a limited company and the registered office is 1 Sherman Road, Bromley, Kent, BR1 3JH or their assignees or successors in title.

“Property” means the property the address of which is shown in the Confirmation of acceptance of the Terms and Conditions.

“Agreement” means the Terms of Business agreed and signed between you and us.

“Terms and Conditions” means the contents of this Agreement which have been signed by both parties in the Confirmation of Acceptance of the Terms and Conditions.

“Joint and Several” means that where the Client forms more than one person or entity then each party will be liable for all commission costs and other outgoings incurred by Ulla Toussaint 1932 Estate Agents and as the Client they will be jointly liable for all commission costs and other outgoings incurred by Ulla Toussaint 1932 Estate Agents.

“Term” means the period of our appointment that begins on the date you sign this Agreement and will continue until termination by either party by not less than fourteen days written notice. In this Agreement the masculine includes the feminine and the singular includes the plural.

“EPC” means an Energy Performance Certificate.

“Buyer” means any person, entity, organization or association introduced by Ulla Toussaint 1932 Estate Agents or with whom we had discussions regarding the Property during the period we are instructed to act on your behalf; or any private person or entity introduced direct by you or any third party or with whom discussions were held during the period we were instructed to act on your behalf; or any person or entity introduced by another agent during the period we were instructed to act on your behalf.

Inspired by

Ursula Elisabeth Toussaint

Directed by

Sascha Droeschel

© since 1997