Terms and Conditions

1. Entitlement to Commission

The Commission Fee is the amount set out in the Agency Agreement. The Commission Fee is payable under the circumstances set out in Clause 2 and/or Clause 3
The Commission Fee will be payable whether the introduction is a direct or an indirect introduction (where the Buyer makes the purchase as a result of becoming aware that the Property was for sale through the marketing of the Property by the Agent) and whether or not the Buyer makes the offer to purchase through another Agent or through any other Another agent is someone involved in estate agency work or someone who in the course of a business introduces a Buyer to the Property but has no further involvement.
The Agent’s contractual responsibility is confined to marketing the Property and the other obligation set out in this Agreement, and any further assistance in relation to the purchase is entirely at the Agent’s
In the event of a part exchange, any Commission Fee calculated by a percentage rate will be calculated on the full Selling Price of the
The Commission Fee calculated by a percentage is calculated on the price of the Property, including any contents, carpets or fixtures and

Geoffrey Collings & Co Sole Agency

2.1 The Agent (Geoffrey Collings & Co) will be the only Agent for the sale of the Property during the Agency Period (the Geoffrey Collings & Co Sole Agency).

2.2 The Seller will be liable to pay the Commission Fee to the Agent, in addition to any other costs or charges agreed, in each of the following circumstances:-

If unconditional contracts for the sale of the Property are exchanged in the period during which the Geoffrey Collings & Co Sole Agency is in force, even if the Buyer was not found by the Agent but by another agent or by any other person, including the Seller;
If unconditional contracts for the sale of the Property are exchanged after the expiry of the period during which the Geoffrey Collings & Co Sole Agency Agreement is in force but to a Buyer who was introduced to the Seller during that period or with whom the Agent had negotiations about the Property during that period.

However, the Seller will not be liable to pay the Commission Fee in any of these circumstances if the unconditional contracts for the sale of the Property are exchanged six months after the expiry of the period during which the Geoffrey Collings & Co Sole Agency in force and where the Seller has appointed another estate agent whose activities have resulted in the sale of the Property or twenty four months after the expiry of this Agency Agreement in all other circumstances.

On expiry of the Agency Period, unless terminated by either side by a minimum of 14 days’ writen notice expiring on the last day of the Agency Period, the Agency shall continue as the Geoffrey Collings & Co Agency until either:-

It is terminated by either the Seller or the Agent on 14 days written notice; or
the Seller by 14 days’ written notice to be served not earlier than the last day of the Agency Period converts the Geoffrey Collings & Co Sole Agency into a Multiple Agency, which Multiple Agency shall then continue on the terms set out in Clause of the Agency Agreement and in Clause 3 below; or

The Seller appoints another agent without giving any or adequate notice, in which case the Geoffrey Collings & Co Agency will continue to apply save that the Multiple Agency Commission Fee would be payable if a fee becomes due.

3.Multiple Agency

If this Agreement is on a Multiple Agency basis, or it becomes a Multiple Agency following the conclusion of a Geoffrey Collings & Co Sole Agency the Seller may, from the commencement of the Multiple Agency, appoint another estate agent or agents in addition to the Agent. The Multiple Agency period (the “Multiple Agency Period”) shall continue until terminated by either the Seller or the Agent giving the other party 14 days’ notice in writing expiring on or after the Agency Period, in which case it shall terminate on the last day of the notice period.
The Seller will be liable to pay the Commission Fee to the Agent in addition to any other costs or charges agreed if at any time unconditional contracts are exchanged with a Buyer introduced by the Agent or with whom the Agent has had negotiations about the Property during the Multiple Agency Period. However, the Seller will not be liable to pay the Commission Fee in any of these circumstances if the unconditional contracts for the sale of the Property are exchanged six months after the expiry of the Agent’s Multiple Agency Period and where the Seller has appointed another estate agent whose activities have resulted in the sale of the Property, or twenty four months after the expiry of the Agent’s Multiple Agency Period in all other circumstances.

4. Dual Fee Liability

If you (the Seller) have previously instructed another agent to act for you, or if in the future you instruct another agent, you may become liable to pay the other agent a fee as well as any fee due to us under this Agreement. You should therefore consult the terms of business of any agreement you have entered into with the other estate agent.

5. Payment of Commission Fee

The Commission Fee will become due on exchange of unconditional contracts for the sale of the Property and payable on the earlier of completion or 0 days after exchange of contracts (“the due payment date”). The Seller agrees that the Agent may carry out a credit search on the Seller at any time after payment of the Commission Fee has become due.
The Seller agrees to instruct and authorise its legal representative to give, no later than exchange of unconditional contracts for the sale of the Property, an undertaking to the Agent to pay from its Clients’ Account the Commission Fee as set out in Clause 1 above. The Seller agrees that the Agent may send its invoice direct to the Seller’s legal representative. The Seller may revoke his instruction pursuant to this Clause if he considers that there are grounds to do so by writing to the Agent stating the reasons.
The various Prepayments/Other Charges itemised on the atached Schedule (if applicable) are due and payable in accordance with the Schedule irrespective of whether the Commission Fee is due.

6. Interest for Late Payment

If the Commission Fee or disbursements are not paid in full within 10 days of the due payment date or any alternative date agreed in writing with the Agent interest will become payable on any outstanding sum or sums. The rate of interest will be 3% above the Barclays Bank plc base rate then in force.

7. Initial Marketing Price

The Initial Marketing Price (otherwise referred to as the Initial Asking Price) does not represent a formal valuation of the Property. The Initial Marketing Price may be varied upon the writen instructions of the Seller, but this shall not affect this Agreement. The Agent has discussed the Initial Marketing Price with the Seller, but has not carried out a structural examination of the Property and has assumed that there are no defects, third party rights, or covenants or conditions affecting the Property and that vacant possession will be given on completion. The Initial Marketing Price has been set at a level agreed with the Seller for marketing purposes and is not indicative of the best market price for this Property. The Seller acknowledges and agrees that the Agent is under no obligation to disclose to the Seller comparable pricing information, confidential information or marketing strategies relating to other properties.

8. Energy Performance Certificate (EPC)

We will not begin marketing until a valid EPC has been ordered or has been made available and is in our
If you have an EPC that has been supplied to you by a third party, the terms of that supply must include the right for us or a third party to use the EPC in order to meet our legal In the event of any third party seeking damages from us or a third party employed by us on the grounds that our use of the EPC to meet our legal obligations has infringed their rights, you will be liable for any costs, damages we and/or a third party employed by us incur.

9. Sale via other Estate Agents/or Privately

If the Property is sold through another estate agent or privately the Seller agrees to advise the Agent promptly of the name and address of the selling agent (if applicable), the sale price, the date of exchange of contracts and the name and address of the purchaser.