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.
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.
Tenant: A person renting your property.
Vendor, Seller, Landlord, You: The owner of the property or the person given the benefit to or who is entitled to sell or let the property.
BriaryHomes.co.uk, We, Us: Means Peter & Karen Brewis t/a BriaryHomes.co.uk operating from Healeyfield House, Front Street, Castleside, Consett, Co Durham. DH8 9AR
Term of Agreement
Unless stated otherwise the agreement will be for an initial term of 6 months. At the end of this 6 month period it will be assumed that the agreement will continue until you inform us otherwise.
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.
Payment & Fees:
By confirming in writing, including email, you wish us to act on your behalf you agree to pay the full fee specified on completion of the sale of your property.
Payment for Extra Services is due on receipt of our invoice.
As set out below a cancellation fee of £100 is due if you wish to cancel our service within 90 days of the agreement starting.
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. We may advertise your property in any other media 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.
You will be conducting viewings with interested enquirers so 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. Where you would like us to attend viewings you accept that there will be a Fee for this as agreed and payment is due on receipt of our invoice.
The Property Misdescriptions Act 1991:
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.
Prior to entering into an agreement with us by confirmation in writing, including email, you have not instructed us and no services commence without your confirmation.
You can cancel any currently active service at any time for any reason by informing us in writing and payment of a £100 cancellation Fee. We will then cease marketing your property.
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.
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.
For properties marketed for let only (the following does not apply to properties marketed for sale): The marketing for house shares/flat shares/rent a rooms, holiday lets, retirement apartments and commercial properties is restricted to one month in length and cannot be extended beyond this time without further payment. If you fail to declare your rental property as one of these types when it is then we reserve the right to remove the ad without giving either a warning or a refund.
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 accept without reservation that the Standard form Assured Shorthold Tenancy Agreement comes without any guarantee as to it's suitability and usability in an actual letting situation. By accepting it and using any of the documents within it you accept and affirm your total responsibility and our complete lack of liability for any situation whatsoever arising from its use.
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 regards to the referencing of prospective tenants, we rely entirely on the work and actions of third parties outside of our control (such as but not limited to prospective tenants, their employers, their landlords, information holding organisations etc.) and as such cannot accept any responsibility for any error or omission in the process or the result of a tenant reference check. By making use of the service and/or instructing us to arrange a reference check for a tenant you agree to this without reservation and agree to hold us totally free of any liability.
With regard to the purchase of 'For Sale' or '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.
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.
Terms & Conditions