Saunders 1865 | Terms of Engagement for Selling Agents

Terms of Engagement for Selling Agents

  1. Agency: You will be our sole agent until notified to the contrary. We may terminate your agency at any time on giving you written notice.
  2. Price: The asking price is to be as stated in the Acceptance form. It is for the property only. Carpets, curtains and any other items are to be by separate negotiation.
  3. Marketing: Throughout the period of agency, and right up to an exchange of contracts, your firm is to market the property aggressively and with all due diligence, making best endeavours to introduce a qualified buyer on the best possible terms for the seller, keeping us fully informed throughout.
    • Please prominently display your “For Sale” signboard at the property, subject to compliance with the law.
    • Please supply us with an electronic copy of your sales particulars and all press advertising. You will carry responsibility for the accuracy of all-sales particulars and advertising arranged by your firm. We shall be under no obligation to check any marketing material.
  4. Viewings: Viewers must always be accompanied (whether or not the property is still occupied) by a member of your staff and a record kept of their names, addresses, phone numbers, email, etc. for security and follow-up purposes. Keys must not be released to any third party without prior, written authorization from ourselves.
  5. Reporting Requirements: As soon as the property becomes vacant please complete our Vacant Property Inspection Report.
    • Please use our Weekly Corporate Home Sale Report to provide weekly reports, preferably each Friday.
    • Please immediately report by email all offers direct to this office with the full status of the prospective purchasers, using our Notification of Offer Form. We will promptly revert to you with a decision having discussed it with all interested parties. On no account should you request or accept a deposit from a prospective buyer without our prior written agreement.
    • When the property is under offer we shall require weekly transaction updates each Friday by email. There is no prescribed form for these.
    • It is vital that we receive all reports on time so that we, in turn, can meet our contractual reporting obligations to our Client.
  6. Other Duties: When the property is vacant you must:-
    1. Inspect it on (at least) a weekly basis.
    2. Collect any mail and forward it to us on a weekly basis. (Please discard any junk mail.).

    Any obstacles to good presentation of the home, or maintenance problems generally, should be reported to this office immediately. We rely on you for suggestions as to how the presentation of the home and its marketability can be improved, and for assistance with arranging local repairs, garden maintenance, taking meter readings, etc.

  7. Solicitors: All communications with conveyancing solicitors for the seller must be solely through Saunders 1865 because we have to carefully control costs and the timing of all financial commitments on behalf of our Client.
  8. Selling Commission: Subject to full compliance with the terms of this email, an all-inclusive commission, will be paid at the rate specified in the Acceptance Form of the eventual sale price (payable within 30 days of completion and after we have received an approved invoice from you) for the effective introduction by you of a buyer which completes. The commission is on a no-introduction, no-pay basis.
  9. Confidentiality: These terms of engagement, as well as all information arising out of these instructions, are to remain strictly confidential between us and you must preserve our copyright in connection with all documentation which comes into your possession.
  10. In the event of there being any conflict between your firm’s terms of business (whether brought to our attention before or after the date of this letter) and the terms of this letter, then this letter shall prevail.
  11. If any provision of these terms are held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of these terms shall continue in full force and effect as if the terms had been executed with the illegal or unenforceable provision eliminated. The parties irrevocably submit to the exclusive jurisdiction of English Courts for the determination of any dispute.
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Saunders 1865