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Website Terms & Conditions

Definitions
In this document:

  1. Rachel J Homes Limited is both the trading name and Company name of the agency.

  2. The Vendor means all those persons who own the property, who shall be liable jointly and severally to pay the fees.

  3. The Agent means Rachel J Homes Limited.

  4. The term Property means the property to be placed for sale by the Vendor.

  5. The document headed Rachel J Homes Limited Agency Agreement and the conditions set out therein constitute the contract between the Vendor and Rachel J Homes Limited Any additional terms will be incorporated within a separate letter addressed to the Vendor or the Vendor’s agents.

     

    Fees

  6. Commission is payable to Rachel J Homes Limited on the total sale price of the property, which shall be deemed to include any additional sum agreed for carpets, curtains, fixtures and fittings or any other property exchanged.

  7. The Vendor becomes liable to pay commission to Rachel J Homes Limited on the occurrence of any of the events set out herein and payment becomes due on the date of completion of the sale of the property.

  8. Rachel J Homes Limited reserves the right to charge interest on overdue commission (both before and after judgment) at the rate of 4% above the Lloyds TSB Bank PLC base rate as varied from time to time.

  9. All fees and expenses will be subject to VAT at the prevailing rate.

     

    Energy Performance Certificate

  10. Legislation now requires that prior to the placing a property on the market an EPC (Energy Performance Certificate) must be commissioned.   Failure by the Agent or the Vendor to comply with this requirement carries a penalty of £200. The Agent and the Vendor will agree separately as to how an EPC is provided. Rachel J Homes Limited can offer this as part of a separate service.

     

    Marketing Expenses

  11. Responsibility for marketing costs where applicable (e.g. special advertising brochures, professional photography, national advertising etc.) and other expenses will always be pre-agreed with the Vendor with an estimate of costs given and confirmed in writing. Where it is agreed that the Vendor will pay for these additional costs and expenses they will be payable within 7 days of a request for payment.

     

    Sole Agency

  12. This means that the Vendor appoints Rachel J Homes Limited as the only agent for the sale of property.

  13. The Vendor shall pay to Rachel J Homes Limited the sole agency commission (being the sole agency percentage specified in Rachel J Homes Limited Agency Agreement, of the total sale price of the property, or such other percentage or sum as may be agreed and confirmed in writing by Rachel J Homes Limited) if contracts for the sale of the property are exchanged (whether during the period of the sole agency agreement or at any time thereafter) with a buyer who was first introduced to the purchase, during the period of the sole agency by Rachel J Homes Limited or another agency.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Sole Selling Rights

    This means the vendor will be liable to pay remuneration to Rachel J Homes Limited in addition to any other costs or charges agreed in each of the following circumstances.

  14. If unconditional contracts for the sale of a property are exchanged in the period during which Rachel J Homes Limited have sole selling rights, even if the purchaser was not found by Rachel J Homes Limited but by another agent or by any other person including yourself.

  15. If unconditional contracts for the sale of a property are exchanged after the expiry of the period during which Rachel J Homes Limited has sole selling rights, but to a purchaser who was introduced to the purchase by Rachel J Homes Limited during that period.

     

    Multiple Agency

  16. This means that the Vendor is free to enter into separate agreements for the sale of the property with more than one agent.

  17. The Vendor shall pay to Rachel J Homes Limited the multiple agency commission (being the multiple agency percentage specified in Rachel J Homes Limited Agency Agreement of the total sale price of the property, or such other percentage or sum as may be agreed and confirmed in writing by Rachel J Homes Limited) if contracts for the sale of the property are exchanged (whether during the period of the multiple agency agreement or at any time thereafter) with a buyer first introduced to the purchase by Rachel J Homes Limited.


    Joint Sole Agency

  18. This means that the Vendor appoints Rachel J Homes Limited and one other named joint sole agent to act in conjunction with one another for the sale of the property.

  19. The Vendor shall pay to Rachel J Homes Limited the joint sole agency commission (being the joint sole agency percentage specified in Rachel J Homes Limited Agency Agreement of the total sale price of the property, or such other percentage or sum as may be agreed and confirmed in writing by Rachel J Homes Limited) if contracts for the sale of the property are exchanged (whether during the period of the joint sole agency agreement or at any time thereafter) with a buyer first introduced to the purchase by Rachel J Homes Limited, the named joint sole agent or any other agent during the period of the joint sole agency.

     

    Ready Willing and Able Purchaser

    A purchaser is a ready willing and able purchaser if he is prepared and is able to exchange unconditional contracts for the purchase of the property.


    Term and Termination

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

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

  22. Right to cancel - The The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 law says you can cancel your contract within a cooling-off period. The cooling-off period is 14 days. The cooling-off period starts when your contract is finalised.

     


     

     

     

     

     

     

     

     

     

     

     

     

     

    Dual Fee Liability

    There may be a dual fee liability if:

  23. Another agent had previously been instructed to sell the same property on a sole agency, joint sole agency, or sole selling rights basis; or 

  24. Another agent is instructed during or after the period of an agreed sole agency, joint sole agency or sole selling rights basis with Rachel J Homes Limited.


    Statutory Obligations/Codes Of Practice

  25. Rachel J Homes Limited complies strictly with the provisions of the Estate Agents Act 1979, the Property Misdescriptions Act 1991 and the Property Ombudsman for Estate Agents. Copies of the codes are available on request.

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

  27. Under the Money Laundering Regulations 2007 the Agent is legally obliged to undertake Customer Due Diligence which includes obtaining proof of identity and address of the Vendor.

  28. Rachel J Homes Limited is registered under the Data Protection Act 1998.


    Sales Particulars

    On receipt of instructions from the Vendor, Rachel J Homes Limited 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. It is very important that the Vendor reads the sales particulars carefully and informs the Agent immediately if the sales particulars are in any way inaccurate.   

     

    For Sale Board

    With the consent of the Vendor, Rachel J Homes Limited will erect a “For Sale” board outside the property. In some areas it is an offence to put up Sale boards.

     

    Access to Premises 

    The Agent will accompany any viewings of the Property, unless the Agent and Vendor agree otherwise in writing. If the Agent is arranging a viewing of the Property the Agent will agree the arrangements with the vendor/occupier prior to the viewing.

     

    Offers

    The Agent will inform you promptly of any offers received from potential purchasers and these offers will be put in writing. We will not pass on any offers that the Vendor has specifically told us not to pass on. A record of any offers received will be held by the Agent on the property file. This record will be available to the Vendor on request. If the Vendor receives any offers or other enquiries or discussions direct from a potential purchaser the Vendor should notify the Agent promptly.

     

    Negotiations

    In all negotiations we have a duty to act fairly. In addition we shall not discriminate against any person on the grounds of sex or race or any other discrimination as defined by the Equality Act 2006.

     

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Testimonials

"Excellent Service - from Karen and Rachel. We will recommend your services to friends and family. Thank you"
Mr & Mrs Munckton

 


"I would recommend Rachel and her team to anyone they have been brilliant"
Mr Blackmore

 


"Very impressed with your companies professionalism and would highly recommend your services to my family and friends."
Mr Rawlings