E&C ESTATES LTD Terms and Conditions

Definitions in this document:

  • E&C Estates Ltd is the name of the Estate Agency
  • The Vendor means all those persons who own the property, who shall be liable jointly and severally to pay the fees.
  • The document headed E&C Estates Ltd Agreement and the conditions set out therein constitute the contract between the Vendor and E & C Estates Ltd. Any additional terms will be incorporated within a separate letter addressed to the Vendor or the Vendor's agents.

Fees

  • Commission is payable to E&C Estates Ltd on the total sale price of the property, which shall be deemed to include any additional sum agreed for carpets, curtains, fixtures and fittings.
  • The Vendor becomes liable to pay commission to E & C Estates Ltd and payment becomes due on the date of completion of the sale of the property. For the avoidance of doubt if any contracts are exchanged which are conditional and any conditions are not fulfilled such that completion of the property does not take place, then no commission is due to E&C Estates Ltd.
  • E &C Estates Ltd reserves the right to charge interest on overdue commission (both before and after judgment) at the rate of 3% above the National Westminster Bank base rate as varied from time to time.

Energy Performance Certificate

  • Government legislation requires sellers to commission an EPC prior to marketing. E & C Estates offer various options, the details and costs of which will be discussed and agreed in advance and then confirmed in writing at the point of instruction.

Marketing Expenses

  • 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 in advance of any such orders being placed.

Sole Agency

  • This means that the Vendor appoints E & C Estates Ltd as the only agent for the sale of property.
  • The Vendor shall pay to E & C Estates Ltd the sole agency commission (being the sole agency percentage specified in E& C Estates 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 E&C Estates Ltd) 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 E & C Estate Agent.
  • Multiple Agency

    • This means that the Vendor is free to enter into separate agreements for the sale of the property with more than one agent.
    • The Vendor shall pay to E & C Estates Ltd the multiple agency commission (being the multiple agency percentage specified in E & C Estates 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 E& C Estates Ltd 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 E& C Estates Ltd.

    Joint Sole Agency

    • This means that the Vendor appoints E & C Estates Ltd and one other named joint sole agent to act in conjunction with one another for the sale of the property.
    • The Vendor shall pay to E & C Estates the joint sole agency commission (being the joint sole agency percentage specified in E& C Estates 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 E&C Estates) 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 E & C Estates, the named joint sole agent or any other agent during the period of the joint sole agency.

    Term And Termination

    • In circumstances where E & C Estates have agreed with the Vendor a specified term for the duration of the agreement between them, which is set out in E& C Estates Agency Agreement, or has been confirmed by E & C Estates 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 Clause 8.1 above, either party may terminate the agreement on giving not less than 14 days written notice to the other.

    Dual Fee Liability

    There may be a dual fee liability if:
    • Another agent had previously been instructed to sell the same property on a sole agency, joint sole agency, or sole selling rights basis; or
    • Another agent is instructed during or after the period of an agreed sole agency, joint sole agency or sole selling rights basis with E & C Estates Ltd.

    Statutory Obligations/Codes Of Practice

    • E & C Estates Ltd comply strictly with the provisions of the Estate Agents Act 1979, the Property Misdescriptions Act 1991, the Codes of Practice of the National Association of Estate Agents and Ombudsman for Estate Agents.
    • E & C Estates Ltd are required to disclose to prospective buyers any connection that the Vendor may have with E & C Estates Ltd or any member of E & C Estates so that all parties to any transactions are aware of possible conflicts of interest. The Vendor must inform E & C Estates Ltd if any such connection exists.

    Sales Particulars

    On receipt of instructions from the Vendor, E & C Estates Ltd 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.

    For Sale Board

    With the consent of the Vendor, E & C Estates Ltd will erect a 'For Sale' board outside the property. It may be an offence for more than one agent's board to be displayed and the Vendor agrees that no other board is erected.

    E & C Estates Ltd

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

    Lettings Information & Fees

    Initial Advice

    Having found your new home, E & C Estates Ltd will bring to your attention all the costs associated with your rental and will fully discuss the lettings process with you. This is important so that there are no misunderstandings later. Securing the Property.

    Once the terms have been discussed with you and it has been established that you are happy to proceed, E & C Estates Ltd will ask you for a holding fee of £500; this is a demonstration of your intent to proceed with the rental of the property, subject to contract. Please note that this will be credited towards the first month's rent. However, this is non-refundable in the event that you do not proceed or are unable to provide satisfactory references.

    References

    Before any Tenancy Agreement can be signed, satisfactory references are required. Please ask for further details about the reference procedure. There is a referencing fee of £50 payable for each Tenant.

    Administration Fees

    Once your offer is accepted and satisfactory references have been obtained, an administration charge of £250 is required this covers cost of production of tenancy agreement, check in and inventory production. There is usually a check-out charge of £50 applicable too at the end of the tenancy.

    If a guarantor is required, an administration charge of £100 is required. If, after terms have been agreed, further alterations have to be made to the Tenancy Agreement, a further charge of £60.00 is applicable.

    Security Deposit

    In addition to the fees and first month's rent we require a security deposit which is usually the equivalent of one month's rent. In some cases the deposit may be higher particularly if you intend to have pets in the property.

    This deposit will be held by E & C Estates Ltd in a client account for properties we manage and, by the Landlord, for LET Only properties and will be registered with a Government approved Deposit protection scheme for the duration of the tenancy.

    Renewals

    If you decide to renew your Tenancy and the Landlord agrees there will be a further administration fee of £80.00.

    Moving in Payments

    All payments can be made bank transfer (BACS or CHAPS), debit card or credit card (subject to surcharge), bankers draft or cash by prior notice.

    Rent Payments

    All rent payments are paid by a standing order mandate to either our Company bank account or to the Landlords bank account, whichever is applicable at the time.

    Please note that an administration charge of £25.00 will be payable if notice has to be sent to you regarding any late rental payments.

    Tenant Changeover

    If during the course of the Tenancy a change of Tenant is required then an administration fee of £300 will be required.

    Insurance

    Landlords will have insurance in place for their own possession and the building itself, however, this will not cover your personal belongings. Please ensure that you have adequate insurance cover in place for the start of your new Tenancy.