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Selling Terms

Welcome to Manor Estate Agent, we are required by the Estate Agents Act 1979 to advise you of the information below prior to receiving or confirming your instructions.

These terms and conditions, together with the information that you provide us through our website, forms the basis on which you agree to appoint and Manor Estate Agent London Ltd to act as your estate agent to sell the Property (the “Agreement”).  Please note that you confirm your acceptance of these terms and conditions by registering your property with Manor Estate Agent website or Instructing Manor Estate Agent.

If it is necessary to change these terms and conditions or add or remove any part at any time, we will post such changes on the Website. It is your responsibility to check the Website for any changes. You agree to be bound by such changes if you should continue to use the Products and Services. These are the conditions to which you are agreeing to, by purchasing any of our services.

Definition

In these terms and conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:

  • "Completion Date"meaning the date of the completion of the sale of the Property between the Seller and the Purchaser;
  • "Exchange Date"means the date at which contracts for the sale of the Property between the Seller and the Purchaser are formally exchanged;
  • "Fee Option"means the total fees payable in respect of the Services you select (as varied from time to time);
  • "Home Visit"means the visit to the Property made by your local Manor Estate Agent representative following your acceptance of the terms and conditions;
  • "Manor Estate Agent"means Manor Estate Agent Ltd (a company registered in England and Wales with company number 11459049) and any reference to 'we’, ‘us’, or ‘our’ is a reference to Manor Estate Agent;
  • "Company"means Manor Estate Agent Ltd, trading as Manor Estate Agent;
  • "Most Popular Package"means the package of Services provided by Manor Estate Agent for a fixed fee of £89 which includes property marketing and support service until sold;
  • "Fantastic Value Package"means the package of Services provided by Manor Estate Agent for a fixed fee of £189, vendor to host the viewings and liable to inform prospective buyer(s) information to Manor Estate Agent after each viewing so Manor Estate Agent can take feedback and negotiate.
  • "High Street Package"means the package of Services provided by Manor Estate Agent for a fixed fee of £589.
  • "No Sale No Fee on percentage basis"means No fee is applicable if no success. 0.5% will be charged (applicable for full service).  If Manor Estate Agent has done A to Z work e.g. property marketing, negotiation, hosted viewing, the buyer found and memorandum of sale issued, vendor will be liable to pay the fees in case of cancelling the instruction. (terms and conditions apply);
  • "Local Manor Estate Agent"means the person(s) authorised by Manor Estate Agent to conduct Photography, Floor Plan, Market Appraisals, Accompanied Viewings and other related services in respect of the Property;
  • "Pay Later"means the amount payable on the earlier of the completion date or 16 weeks after the commencement of the services, whether a sale of your property is completed or not;
  • "Pay Upfront"means the non-refundable payment made for marketing which is minimum of £89;
  • "Market"means the Property is listed for sale on Our Site and/or is listed on any partner/associate Sites by Manor Estate Agent;
  • "Market Appraisal"means the market appraisal service provided by the Manor Estate Agent Associate or Local Manor Estate Agent representative attending the Property or recommending a guide price for the sale of the Property with help of up to date online tools;
  • "Property"means the freehold or leasehold property to be offered for sale;
  • "Purchaser"means the purchaser of the property;
  • "Sale Price"means the final agreed selling price of the Property;
  • "Seller"means the beneficial owner(s) of the property or person(s) with authority of the beneficial owner(s) of the Property to sell the Property whose name is listed as such and any reference to ‘you’ or ‘your’ is to the Seller;
  • "Services"means the estate agency services to be provided by Manor Estate Agent as set out in these terms and conditions;
  • "Until sold"means 180 days from the day of the property listing. The UK average house sales take around 129 days. Manor Estate Agent is offering 180 day which is equivalent to six months. (Data source from the advisory 2017/18);
  • "Success Fee"means the amount payable upon the sale of the property;
  • "Memorandum of Sale"means the document that is signed by both the Purchaser and Seller confirming the terms of an offer for the purchase of the Property which has been accepted, where both parties agree to proceed with the formal aspect of the sale;
  • "Social media marketing"means property promotion on Facebook, LinkedIn, Twitter, Instagram etc;

All owners of the Property

When you Instruct Manor Estate Agent, you confirm that you do so with the knowledge, consent and agreement of each and all of the legal owners and occupiers and those who have an interest in the marketing and/or sale of the Property. Further, you confirm that you have all relevant authorities and authorisations as are necessary or required to enable you to take advantage of the Products and Services. Consent must be given by all owners and compliance information given upon request.

Fees for the Services

We will only charge you the Advertised Rates for the Products and Services. The Advertised Rates are fixed. Advertised rates are including VAT

For our online packages, you will only have the option to Pay Now.

If you choose to Pay Now you will be required to provide us with your credit or debit card details and we will obtain approval for an amount up to the amount of the transaction and debit that amount from your card, or send an invoice which is payable online.

This information we take, will never be stored on our systems.

For our Full service package 0.5% will be charged on completion as advertised.

Overdue Invoices: In the event where our (Manor Estate Agent) commission become due and not get paid within 14 days whether formally demanded or not, the late fee will be applicable. Should the matter become necessary, where we have to use a solicitors/debt recovery to recover agreed fees or expenses, the client will liable to pay the additional sum to cover the cost involved. If an invoice or any part payment remains unpaid for 4 weeks from the date of the invoice then the same shall carry interest from the date of the invoice on a daily basis at the rate of 4 % above the base rate of Barclays Bank Plc from time to time.

Right to Cancel

You have the right to cancel this Agreement within 14 days of accepting these terms and conditions without giving any reason and will be afforded the protections set out in this paragraph. If you exercise your right to cancel outside of the 14 day cancellation period all fees owing to us will become due and payable. If you are Most Popular package customer, and your property already listed on On the Market, Zoopla and other property portals then you will not get any refund. (Remember minimum charges are £89 regardless if property has been sold or not)

If you cancel this Agreement within 14 days of accepting these terms and conditions, we will reimburse to you all payments received from you except £89 and the cost of if any work is done.

If you wish to cancel Fantastic Value or High Street package, you will be liable to pay £140 for Photography/floor planning, £50 for Sale Board and £300 for hosted viewing if Manor Estate Agent conducted any viewings.

The vendor is liable to pay the full fees + admin charge (if any), if Manor Estate Agent found the buyer and Memorandum of sale has been issued and the vendor cancels their instructions of selling the property.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Agreement.

To exercise the right to cancel, you must inform us by sending us an email at info@manorestateagent.co.uk or by phone on 0203 500 9988, the client ( vendor) must receive an acknowledgement from Manor Estate Agent of the request so rights to cancel policy take place.

You may request that the Services commence during the first 14 days cancellation period. If you subsequently exercise your right to cancel after services have commenced you shall pay us an amount which is in proportion to the Services provided to you until you have communicated to us your right to cancel.

Instructions Withdrawn / Terminated After A Sale Agreed

You will be liable to full admin fee as agreed while instructing Manor Estate Agent for marketing of the property ( i.e. Most Popular Package of £89, £189 Combo, £589 High Street ) to us. In addition to any other charges of expenses, if a ready, willing and able purchaser (as defined above) is introduced by us in accordance with your instructions, but you subsequently withdraw, for whatever reason, and unconditional contracts are not exchanged.

Your Advert

Should you take advantage of Products and Services where the Local expert and media team creates your Advert for approval, Manor Estate Agent will notify you as soon as the Advert is available for approval. We always aim to do this as soon as reasonably practicable.

We reserve the right to refuse to allow any image to be uploaded, made live or presented on any marketing or property portal that we consider in our absolute discretion to be inappropriate, inaccurate, misleading or likely to cause distress or embarrassment to anyone viewing the image. You are responsible with ensuring that all descriptions, photographs, floor plans and information uploaded and/or used in any advertising and marketing are accurate, current and are in no way misleading. If any of the information you provide or approve is or is found to be in breach of these terms, it will be removed immediately - However, there will be no full or part credit in respect of Advertised Rates under these circumstances. We will advertise and market your property for the Advertisement Period on such property portals, websites or publications as we consider to be the most effective at securing interest on your property from potential purchasers and tenants in our absolute discretion. We may withdraw or no longer take advantage of the services of such property portals, websites or publications at our absolute discretion. The advertised prices are reflecting the following: adverts will be kept live either for one year from date of listing or until sold – whichever comes first. This includes any time marked as SOLD STC (off market) in this one year period.

We guarantee that the Property will be listed on the Manor Estate Agent website until sold or Agreed. Third party website portals are subject to change and may not be controlled by Manor Estate Agent.

For Sale Boards

You agree that “For Sale” board which is either part of the package or order separately is maintained while it is in your possession. It is your responsibility to re-erect it if it is affected by a third party or any weather-related conditions. We are not liable for the loss, theft or any damage to the ‘For Sale’ board provided or any damage the ‘For Sale’ board may cause. A charge of £25 if an additional ‘For Sale’ board is required to be sent or erected by our supplier. If you decide not to have a “For Sale” signboard, you must email us at info@manorestateagent.co.uk immediately when you list your property on the Manor Estate Agent website.

Direct Marketing

Manor Estate Agent may share client data with third parties to perform services on our behalf, however, please note this will not permit such third parties to market directly to You. We will otherwise not pass on any client data to any third parties without your consent.
By registering your details with us, you consent to be contacted directly by Manor Estate Agent with reference to any offers or promotions with updates about the Property and/or our service as well as details of any other relevant or related products and services.

EPC (Energy Performance Certificate)

It is a legal requirement for you to have commissioned an EPC before we are able to start the marketing of your property. It is your responsibility to ensure that you have a valid and up to date EPC in place before your Advert goes live.

If you do not have one, you are able to buy one from us for £70, that will last 10 years from the date of assessment.

Photography

It is your duty/responsibility to ensure that the Property is in a good state to be photographed. You must, therefore, please ensure that it is tidied and suitably arranged before the Home Visit by Manor Estate Agent associate, agent or contractor.
Photography, floor plan and any other media taken or created by Manor Estate Agent will remain to be the property of Manor Estate Agent. Photos and floor plan can be purchased for £140 upon request.
We reserve the right to charge additional reasonable fees in respect of photography completed for your property; e.g. to cover cancellation by you without any advance notice, travel costs for getting to your property, or where the property or properties take longer to photograph due to their size or number (ie 5 bedrooms or more or multiple properties).

Viewings

Subject to Interruption we will arrange and record viewings through our back-end. You will be notified immediately a viewing is booked. We will provide you with the name of the person(s) who wish to view together with the date and time.

If Manor Estate Agent are conducting the viewings on your behalf, you will still be notified of the above information.

Manor Estate Agent viewings packages (hosted viewings) last for 5 viewings slots (including cancellations) from the date of payment at the cost listed on the site. Manor Estate Agent can stop viewings at our discretion.

5 x 30 minute appointments. These can be a mixture of 30 minute viewings and 30 minute open house appointments.

For a 30 minute viewing appointment you're permitted to have up to two sets of viewers arriving in 15 minute intervals.

For open house appointments, if you want to receive feedback from the appointments, then the permitted levels are below. If you do not wish to receive feedback, then you can have unlimited viewers:

  • Studio - 6 viewing parties per 30 minute appointment •
  • 1 or 2 Beds - 5 viewing parties per 30 minute appointment •
  • 3 or 4 Beds - 4 viewing parties per 30 minute appointment •
  • 5+ Beds - 3 viewing parties per 30 minute appointment

An appointment is charged/deducted from the Pack, regardless of whether a viewer turns up or not. If an appointment is 30 minutes long, a cancellation will incur a full charge/deduction from a Pack, if cancelled with 120 minutes, or less, notice before the start time of the appointment.

Availability

Subject to Interruption, if you have chosen to conduct your own viewings you may refer to a member of the customer service team when you are available. This will enable people who want to view, to choose a date and time to suit them. You will be notified when a viewing is booked. Where a viewing is requested outside of this availability, the customer service team will ask that you confirm the viewing. It is your responsibility to do this immediately.

We do have a duty of care to uphold to both sellers and prospective buyers. If you fail to action more than 3 viewing requests on your property, we reserve the right to remove your home from the market, at our discretion

Feedback

We will request feedback from every person who has viewed or was due to view your property. We will prompt them for feedback continuously unless they confirm that they do not wish to provide feedback. You can track these requests via the customer service team. The feedback will be immediately available through your portal as soon as it has been provided and will be exactly as provided by the person concerned.

Offers

We will report offers to you immediately as they are. The nature, extent, position of the potential purchaser or tenant and desire to proceed, will be requested and provided to you within 48 hours.

We will make such reasonable checks as are possible to ensure the offer made meets our criteria for a sale to proceed.

The information will always be made available exactly how it is provided by the potential purchaser. You will get a choice whether to accept the offer, reject the offer, reject and negotiate.

If you accept an offer to purchase the property, we reserve the right to list the property as 'Under Offer' or ‘Sold Subject to Contract’ in any of the methods we use to advertise properties from time to time, until the Completion Date.

We will always inform you as soon as we become aware of anyone making an offer for your property that is in any way connected with Manor Estate Agent. In the event that you are aware of any personal interest from anyone connected with Manor Estate Agent you should notify us immediately. We will then make such enquiries as we consider necessary and provide you with a notification in writing of the nature of the personal interest. You will have the sole discretion to decide whether you wish to deal with the person or persons concerned. We will never knowingly permit any offer to be made or sale agreed with someone connected to Manor Estate Agent unless we have provided you with written notice. This written notice will ordinarily be displayed when you review the offer.

Negotiations and Sales Support

We will always act on your behalf and negotiate the best possible offer for your property, without any conflict of interest.

Negotiations are included in all paid package not for Free Advert package. For Free Advert package the vendor needs to negotiate the price by himself. However Manor Estate Agent can assist, if vendor upgrades to paid packages.

If you are a Seller who has accepted an offer from a Purchaser, you will have access to Manor Estate Agent, sales support who will liaise with solicitors, mortgage brokers, and estate agents in order to assist you up to the completion of the sale of the property (not available for Free Advert Package).
Manor Estate Agent accepts no liability for any loss arising as a result of such communications between the parties.
Manor Estate Agent shall have no liability in respect of any aborted purchases and any associated costs. In the event that a sale of your Property does not complete, Manor Estate Agent will resume marketing the property at your request for the remainder of the Marketing Period with is depends on the package type.
Manor Estate Agent will take reasonable steps to ensure that all parties are informed of any changes or developments in the sale of the Property, however, you are ultimately responsible for ensuring all parties are aware of any changes or developments. If you, as the Seller, exchange contracts on the Property with a Purchaser you agree to notify Manor Estate Agent immediately of such an exchange of contracts. Upon receiving notification of the exchange of contracts on your Property, Manor Estate Agent has the right to remove the Property from Our Site and all Partner Sites.

Consumer Protection Regulations (CPRs)

Under The Consumer Protection from Unfair Trading Regulations 2008 (known as the CPRs) it is a criminal offence for an estate or letting agent to make or create any doctor photos or use extreme lenses that affect the perspective of the image inaccurate or misleading statements about your property.
Once your property is up in the market, you must inform us immediately of any changes in the information that you provide in respect of the Property.
You are responsible for providing us with accurate information about the Property and must tell us immediately if there is any inaccuracy or misleading information in our sales particulars, adverts and marketing material.

Unattended or Unoccupied property

It is your responsibility to ensure that, where the Property is unoccupied, the property is adequately secured. You will be responsible for all maintenance at the Property and we accept no liability or responsibility for it during the term of this Agreement.

  • Water and heating systems are professionally drained
  • Mains power supply services turned off.
  • A valid insurance cover is put in place.

Third party companies

We may receive commission for introducing you but only when you agree to take advantage of such products or services. You may decide of your own free will and we will never pressurise or require you to use such products or services. You hereby expressly agree and accept that in the event that we introduce a product or service from a third party company that we may accept a payment or commission as a result of that introduction.

Where requested, we will instruct on your behalf third parties to conduct some of the services advertised by Manor Estate Agent. Whilst we will make all reasonable efforts to ensure that they continue to provide an exceptional service we cannot accept liability for the conduct and service of those third parties acting on your behalf.

Sub-Agents

We shall be entitled where we consider it appropriate to sub-instruct a number of other selected agents or recognised relocation agents. No cost is chargeable to you for this service and all viewings and negotiations would be coordinated through us. You are not entitled to assign any sub-contract.

Assurance

You hereby agrees to assure us against any and expenses or costs or liabilities incurred or imposed on us provided that such expenses, costs or liabilities were incurred in our carrying out the range of services which you select on your behalf.

Law and Jurisdiction

This agreement shall be governed by English Law and shall be deemed to have been made in England. Any proceedings arising out of or in connection with this agreement may be brought in any Court of competent jurisdiction in England and Wales who’s Courts shall have exclusive jurisdiction. The terms and conditions of this agreement may be varied by us at any time or times but only by prior written notification.
If any term of this Agreement cannot be enforced or is found to be unfair, it does not affect the other terms of the Agreement. We shall have the right to assign this Agreement as long as the rights of the vendor are not materially affected.

Disclaimer: Except where provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, we (including our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this site, or in connection with the use, inability to use, or results of the use of this site, any sites linked to it and any materials posted on it.
We are not liable for any consequences or loss from your use of this website or services.

NOTICE OF RIGHT TO CANCEL THIS CONTRACT

The client (Vendor) has the right to cancel the Contract within 14 calendar days from signing the contract. In order to exercise this right, you must inform us by sending us an email at info@manorestateagent.co.uk or by phone on 0203 500 9988.
* Manor Estate Agent London Ltd is trading as Manor Estate Agent, we are the member of TPO (The Property Ombudsman) and our registration number is T04647 more details can be found on www.tpos.co.uk

PLEASE SIGN AND KEEP THIS FORM FOR YOUR RECORDS:

RE: (Address property to be SOLD………………….)
I/We ( Name………………………../ Address of seller: )
I/We hereby confirm that I/We agree to the Terms of Business and fee structure of Manor Estate Agent as outlined in this document.
Name: …………………...
Signature: …………………..
Date: ……………………………..

In line with The Money Laundering Regulations 2007, as a regulated profession, we are duty bound to carry out due diligence on all of our clients to confirm their identity. Rather than traditional methods in which you would have to produce multiple utility bills and a photographic ID we use an electronic verification system. This system allows us to verify you from basic details using electronic data, however it is not a credit check of any kind so will have no effect on you or your credit history. By signing this agreement as the seller you understand that we will undertake a search with Experian for the purposes of verifying your identity. To do so Experian may check the details you supply against any particulars on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained.

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