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Terms & Conditions

Sales Service  

This agreement constitutes a contract between Peter & Karen Brewis t/a BriaryHomes.co.uk as the supplier (hereinafter called 'BriaryHomes.co.uk', 'we', or 'us') and a you as the customer ('hereinafter called 'seller', 'vendor', 'landlord', or 'you'), the terms of which are set out below:

The law (as outlined in the Estate Agents Act 1979) requires you to accept these terms and conditions in order to be able to instruct us as your agent. You will be able to signal your acceptance of these terms and conditions at the time of paying our fee.


Terminology contained within these terms and conditions:

Within this agreement the following words of phrases shall, unless the context otherwise requires, have the following meanings:


Property:  The property which you have instructed us to market for sale or rent, the address of which is entered by you in your account.

Fees:  The amount payable to us in respect of our fees due from our marketing, letting or sale of your property.

Buyer:  A person buying your property.

Vendor, Seller, You:  The owner of the property or the person given the benefit to or who is entitled to sell the property and who shall be liable jointly and severally to pay the fees.

Briary Homes, We, Us:  Means Peter & Karen Brewis t/a Briary Homes operating from Healeyfield House, Front Street, Castleside, Consett, Co Durham. DH8 9AR


Multi Agency Agreement:

Our contract is a multi agency agreement. We do not offer a sole agency contract and we place no restrictions on you engaging the services of other agents during the term of your agreement with us. If you are already in an agreement with another agent when you instruct us you should read and heed the terms of your existing contract with them.


Statutory Obligations/Codes of Practice


Briary Homes comply strictly with the provisions of the Estate Agents Act 1979, the Consumer Protection Act 2008 and the Codes of Practice of The Property Ombudsman (www.tpos.co.uk).


Briary Homes are required to disclose to prospective buyers any connection that the Vendor may have with Briary Homes or any member of Briary Homes staff so that all parties to any transactions are aware of possible conflicts of interest. The Vendor must inform Briary Homes if any such connection exists.

Payment & Fees:

Property Sales Fee

The Property Sales Fee is payable if contracts for the sale of the property are exchanged (whether during the period of the multi-agency agreement or at any time thereafter) with a buyer first introduced to the purchase by Briary Homes.

Extras Service Fees

Services identified as Extra Services on the website such as Energy Performance Certificates, Floorplans, Professional Photography etc are  ‘Pay Now’ services. These services involve appointing third parties who will not be appointed until payment has been made in full.

‘Pay Now’ Service:

When you instruct us to provide a service on a ‘Pay Now’ basis, you will pay an upfront fee for the service of your choice. Details of these fees and the services they pertain to are listed on the website. The fee constitutes the whole of our fee for this service, with no further fees being due to us if the property is sold during the marketing period.

Attended Viewing Fees

Where you request that we attend viewings these viewings will be charged at the rate set out on the website and will be invoiced to you at the end of each month. These invoices are due for payment within 7 days.


Marketing Your Property:

We market your property via our website. We will advise on options to maximise the marketing coverage for your property which may involve the appointment of other agents. As appropriate you authorise us to advertise your property on your behalf in any other media, including with other agents, at our absolute discretion. Different services use different combinations of these websites. These websites are not owned by us and we cannot guarantee that these websites (and hence your property listing) will be available on the Internet constantly, or that they will carry listings from us constantly. Accordingly the list of partner websites is subject to change without notice.

We cannot begin marketing your residential property without either a current Energy Performance Certificate (EPC) being in place, or the test having been arranged. We can arrange an Energy Performance Test to take place (for an extra charge) if you wish.

Viewings:

You will be conducting viewings with interested enquirers (unless you specifically request that we attend viewings). It is your responsibility to ensure your property is safe for visitors. You agree without reservation not to hold us responsible for any instances that may occur during a viewing.

Sales Particulars / The Property Misdescriptions Act 1991:

On receipt of instructions from the Vendor, Briary Homes will prepare sales particulars of the property which will be forwarded to the Vendor for checking and signing off. The Vendor is required to ensure that these particulars are accurate and in no way misleading.

In order to ensure compliance with the terms of the Property Misdescriptions Act 1991 (where applicable) we reserve the right not to publish any information provided by you. You agree without reservation to indemnify us, our proprietors, employees, or agents against any claim made in respect of the property or any misdescriptions here in that arises wholly or partially out of your act or default.

Prevention of Money Laundering:

To comply with the terms of the Money Laundering Regulations of 2003 we must carry out identity checks on the buyers and owners of properties we list. In order to successfully complete the checks we may require you to supply supporting information and evidence (normally copies of passports, driving licenses, utility bills and bank statements). You agree to supply any information we request. Failure to supply requested information will result in the termination of any service without refund of any monies paid and may result in the involvement of the police if we deem the circumstances suspicious.

Delivery of Service:

The service relies on the actions of third parties out of our control. We cannot and will not be held responsible for the actions or inactions, problems, errors or omission of third parties that effect the delivery of the service. We cannot guarantee the consistency or continuation of the services provided by third parties and we offer no refund for users if a third party service is discontinued or made unavailable to us. However we will seek alternative services without unreasonable delay. At our sole discretion we may offer a whole or partial refund.

By paying for a ‘Pay Now’ service you have instructed us to be your agent. Prior to paying you have not instructed us and no services commence without payment.

By confirming in writing, including email, you wish to use our service you have instructed us to be your agent. Prior to confirming in writing, including email, you have not instructed us and no services commence without your confirmation.

Term and Termination

In circumstances where Briary Homes have agreed with the Vendor a specified term for the duration of the agreement between them, which is set out in Briary Homes Agency Agreement, or has been confirmed by Briary Homes in writing, that agreement will continue at the end of the agreed period until/unless cancelled by either party in writing.

If there is no such term agreed in accordance with the Clause above, either party may terminate the agreement on giving not less than 14 days written notice to the other.


Miscellaneous:

We will endeavour to market your property using the details you submit to us or details we prepare and that you approve, but we reserve the right to edit and amend any aspect of any property advert for any reason. The main reasons for amendment will be to correct errors, but we may edit for any reason at our discretion. You must not insert any of your personal contact details into the advert text. If you do we reserve the right to cease marketing your property without warning and without refunding any monies paid.

There is one instruction per service, per property. You must not use one instruction to attempt to sell or let more than one property, or one instruction to both sell and let one property.

Under most circumstances you must be the owner of the property you want us to market before you can instruct us. You can instruct us if you've not yet completed the purchase of the property, or you can instruct us on behalf of the owner if you are a friend or family member of the owner, or a tenant at the property who wishes to expediate a move out. You will be required to submit ID to prove your status before we market your property.

You agree for us to give your name and contact details to all enquirers, and that you and the property comply with all current UK law. We will endeavour to pass your details to enquirers immediately but reserve the right not to do so, depending on the other demands and commitments placed on our staff, and for any other reason.

Our services offer no guarantee regarding the number of prospects that will make enquiries or the possibility of a successful conversion of a prospect into a tenant or buyer. Such things depend on many factors outside our control, such as the health of the market, the condition of your property, its price relative to what the market will support, the quality of your property (either in its own right or relative to the competition), the popularity of it's location and many more factors.

You agree as the owner (or the person nominated by the owner to act on his behalf) to remain responsible without exception and to hold us to be free of all liability without exception for all the legal aspects of the let or sale, not limited to but including items such as having a current gas safety certificate or EPC (where required). You agree that the scope of our responsibility is strictly limited to the marketing of your property as outlined in the terms of this agreement.

With regard to our 'For Sale' boards we make no commitment about the speed of delivery and installation of a board and you agree without reservation to hold us free of liability for any infringement of the law.

We reserve the right to suspend marketing of a property or a user's account at any time to allow us to investigate a suspected breach of our terms or unauthorised or fraudulent use of our services.

We reserve the right to amend these terms of use at any time without notification. Users with properties being market at the time of a change of terms will be allowed 2 weeks to comply with any change of terms that requires action on their behalf.

Any breach of these terms invalidates any refund or other rights you have under these terms and may result in the marketing of your property ceasing immediately. If marketing of a property is ceased because of a breach of our terms then no refund will be given.

By the act of paying for any of the services or products or confirming in writing you would like to use our service you agree wholly and without reservation or exception to the terms and conditions above.

Briary Homes Services

In addition to the sale of property, Briary Homes offer a wide range of property related services which may be offered to the Vendor and/or to prospective buyers and from which Briary Homes may receive fee income and commission.

End.


Terms & Conditions

Tenant Finder Service  

This agreement constitutes a contract between Peter & Karen Brewis t/a BriaryHomes.co.uk as the supplier (hereinafter called 'BriaryHomes.co.uk', 'we', or 'us') and a you as the customer ('hereinafter called 'seller', 'vendor', 'landlord', or 'you'), the terms of which are set out below:

The law (as outlined in the Estate Agents Act 1979) requires you to accept these terms and conditions in order to be able to instruct us as your agent. You will be able to signal your acceptance of these terms and conditions at the time of paying our fee.


Terminology contained within these terms and conditions:

Within this agreement the following words of phrases shall, unless the context otherwise requires, have the following meanings:


Property:  The property which you have instructed us to market for sale or rent, the address of which is entered by you in your account.

Fees:  The amount payable to us in respect of our fees due from our marketing, letting or sale of your property.

Tenant:  A person renting your property.

Landlord, You:  The owner of the property or the person given the benefit to or who is entitled to let the property and who shall be liable jointly and severally to pay the fees.

BriaryHomes, We, Us:  Means Peter & Karen Brewis t/a Briary Homes operating from Healeyfield House, Front Street, Castleside, Consett, Co Durham. DH8 9AR


Multi Agency Agreement:

Our contract is a multi agency agreement. We do not offer a sole agency contract and we place no restrictions on you engaging the services of other agents during the term of your agreement with us. If you are already in an agreement with another agent when you instruct us you should read and heed the terms of your existing contract with them.


Statutory Obligations/Codes of Practice


Briary Homes comply strictly with the provisions of the Estate Agents Act 1979, the Consumer Protection Act 2008 and the Codes of Practice of The Property Ombudsman (www.tpos.co.uk).


Briary Homes are required to disclose to prospective tenants any connection that the Landlord may have with Briary Homes or any member of Briary Homes staff so that all parties to any transactions are aware of possible conflicts of interest. The Landlord must inform Briary Homes if any such connection exists.

Payment & Fees:

Tenant Finder Service Fee

Our Tenant Finder Service is a ‘Pay Now’ service is payable if contracts for the sale of the property are exchanged (whether during the period of the multi-agency agreement or at any time thereafter) with a buyer first introduced to the purchase by Briary Homes.

Extras Service Fees

Services identified as Extra Services on the website such as Energy Performance Certificates, Floorplans, Professional Photography, Tenant Checks etc are  ‘Pay Now’ services. These services involve appointing third parties who will not be appointed until payment has been made in full.

‘Pay Now’ Service:

When you instruct us to provide a service on a ‘Pay Now’ basis, you will pay an upfront fee for the service of your choice. Details of these fees and the services they pertain to are listed on the website. The fee constitutes the whole of our fee for this service, with no further fees being due to us if the property is let during the marketing period.

Attended Viewing Fees

Where you request that we attend viewings these viewings will be charged at the rate set out on the website and will be invoiced to you at the end of each month. These invoices are due for payment within 7 days.


Marketing Your Property:

We market your property via our website. We will advise on options to maximise the marketing coverage for your property which may involve the appointment of other agents. As appropriate you authorise us to advertise your property on your behalf in any other media, including with other agents, at our absolute discretion. Different services use different combinations of these websites. These websites are not owned by us and we cannot guarantee that these websites (and hence your property listing) will be available on the Internet constantly, or that they will carry listings from us constantly. Accordingly the list of partner websites is subject to change without notice

We cannot begin marketing your residential property without either a current Energy Performance Certificate (EPC) being in place, or the test having been arranged. We can arrange an Energy Performance Test to take place (for an extra charge) if you wish.

Viewings:

You will be conducting viewings with interested enquirers (unless you specifically request that we attend viewings). It is your responsibility to ensure your property is safe for visitors. You agree without reservation not to hold us responsible for any instances that may occur during a viewing.

Sales Particulars / The Property Misdescriptions Act 1991:

On receipt of instructions from the Vendor, Briary Homes will prepare sales particulars of the property which will be forwarded to the Vendor for checking and signing off. The Vendor is required to ensure that these particulars are accurate and in no way misleading.

In order to ensure compliance with the terms of the Property Misdescriptions Act 1991 (where applicable) we reserve the right not to publish any information provided by you. You agree without reservation to indemnify us, our proprietors, employees, or agents against any claim made in respect of the property or any misdescriptions here in that arises wholly or partially out of your act or default.

Prevention of Money Laundering:

To comply with the terms of the Money Laundering Regulations of 2003 we must carry out identity checks on the buyers and owners of properties we list. In order to successfully complete the checks we may require you to supply supporting information and evidence (normally copies of passports, driving licenses, utility bills and bank statements). You agree to supply any information we request. Failure to supply requested information will result in the termination of any service without refund of any monies paid and may result in the involvement of the police if we deem the circumstances suspicious.

Delivery of Service:

The service relies on the actions of third parties out of our control. We cannot and will not be held responsible for the actions or inactions, problems, errors or omission of third parties that effect the delivery of the service. We cannot guarantee the consistency or continuation of the services provided by third parties and we offer no refund for users if a third party service is discontinued or made unavailable to us. However we will seek alternative services without unreasonable delay. At our sole discretion we may offer a whole or partial refund.

By paying for a ‘Pay Now’ service you have instructed us to be your agent. Prior to paying you have not instructed us and no services commence without payment.

By confirming in writing, including email, you wish to use our service you have instructed us to be your agent. Prior to confirming in writing, including email, you have not instructed us and no services commence without your confirmation.

Term and Termination

In circumstances where Briary Homes have agreed with the Vendor a specified term for the duration of the agreement between them, which is set out in Briary Homes Agency Agreement, or has been confirmed by Briary Homes in writing, that agreement will continue at the end of the agreed period until/unless cancelled by either party in writing.

If there is no such term agreed in accordance with the Clause above, either party may terminate the agreement on giving not less than 14 days written notice to the other.

Miscellaneous:

We will endeavour to market your property using the details you submit to us or details we prepare and that you approve, but we reserve the right to edit and amend any aspect of any property advert for any reason. The main reasons for amendment will be to correct errors, but we may edit for any reason at our discretion. You must not insert any of your personal contact details into the advert text. If you do we reserve the right to cease marketing your property without warning and without refunding any monies paid.

There is one instruction per service, per property. You must not use one instruction to attempt to sell or let more than one property, or one instruction to both sell and let one property.

Under most circumstances you must be the owner of the property you want us to market before you can instruct us. You can instruct us if you've not yet completed the purchase of the property, or you can instruct us on behalf of the owner if you are a friend or family member of the owner, or a tenant at the property who wishes to expediate a move out. You will be required to submit ID to prove your status before we market your property.

You agree for us to give your name and contact details to all enquirers, and that you and the property comply with all current UK law. We will endeavour to pass your details to enquirers immediately but reserve the right not to do so, depending on the other demands and commitments placed on our staff, and for any other reason.

Our services offer no guarantee regarding the number of prospects that will make enquiries or the possibility of a successful conversion of a prospect into a tenant or buyer. Such things depend on many factors outside our control, such as the health of the market, the condition of your property, its price relative to what the market will support, the quality of your property (either in its own right or relative to the competition), the popularity of it's location and many more factors.

You agree as the owner (or the person nominated by the owner to act on his behalf) to remain responsible without exception and to hold us to be free of all liability without exception for all the legal aspects of the let or sale, not limited to but including items such as having a current gas safety certificate or EPC (where required). You agree that the scope of our responsibility is strictly limited to the marketing of your property as outlined in the terms of this agreement.

With regard to our 'To Let' boards we make no commitment about the speed of delivery and installation of a board and you agree without reservation to hold us free of liability for any infringement of the law.

We reserve the right to suspend marketing of a property or a user's account at any time to allow us to investigate a suspected breach of our terms or unauthorised or fraudulent use of our services.

We reserve the right to amend these terms of use at any time without notification. Users with properties being market at the time of a change of terms will be allowed 2 weeks to comply with any change of terms that requires action on their behalf.

Any breach of these terms invalidates any refund or other rights you have under these terms and may result in the marketing of your property ceasing immediately. If marketing of a property is ceased because of a breach of our terms then no refund will be given.

By the act of paying for any of the services or products or confirming in writing you would like to use our service you agree wholly and without reservation or exception to the terms and conditions above.

Briary Homes Services

In addition to the sale of property, Briary Homes offer a wide range of property related services which may be offered to the Vendor and/or to prospective buyers and from which Briary Homes may receive fee income and commission.

End.





Privacy Notice