Selling Terms and Conditions
Agency & Seller Agreement
These terms and conditions cover Bunce Estate Agents customers in England, Wales, Scotland, and Northern Ireland.
When instructing us as agents to sell your property it is a requirement under the Estate Agents Act 1979 that you understand and accept these terms and conditions.
You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the property are exchanged with a purchaser introduced by us during the period of our sole agency, or with whom we had negotiations about the property during that period, or with a purchaser introduced by another agent or any private introduction during that period. This liability extends for 6 months from the date this agreement ended or 12 months if no other estate agent is involved.
Our Multiple agency rate is £1,500. In Vat
You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the property are exchanged with a purchaser introduced by, or with whom we had negotiations about the property during the agency period. This liability extends for 6 months from the date this agreement ended or 12 months if no other estate agent is involved.
Joint Sole Agency
Our Joint Sole Agency rate is 1,500. In Vat
You will be liable to pay remuneration to us in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the property are exchanged with a purchaser introduced by, or with whom we or our joint agent had negotiations about the property during the agency period. This fee will be shared on a pre-agreed basis with our joint agent. This liability extends for 6 months from the date this agreement ended or 12 months if no other estate agent is involved.
When you become liable to pay (Joint Sole, Multiple. Sole Agency’s)
The fee becomes payable in the event Bunce Estate Agents introduces a purchaser whether directly or indirectly who enters into a binding contract to purchase the property. Introduction may be made by means of sales particulars, the internet, newspaper or other advertisements, sign board, letter or personal enquiry through any Bunce Estate Agent’s office or any sub-agency. In the case of a sole agency or joint sole agency agreement, the fee becomes payable if another agent introduces the buyer. The fee payable to Bunce Estate Agents is inclusive of all local advertising carried out at our discretion.
There will be no additional costs or charges unless they have been previously agreed by yourselves. Our fee is due upon exchange of contracts, payable from the proceeds of sale by your conveyancer/solicitor upon completion. Interest at the rate of 4% above the bank of England base rate may be charged until payment is made on accounts not settled by you or your conveyancer within 7 days of completion.
The Fee (Pay later – “Bunce” Package)
You will be liable to pay remuneration to us in addition to any other costs or charges agreed. Should the property sell at the asking price the total fee payable will be £ 1,298 inc Vat. Should the property realise a higher or lower figure the fee payable will remain fixed.
The Fee (Upfront Payment or Monthly instalments – “Bag of Sand” Package)
You will be liable to pay remuneration in advance to us plus any addition to any other costs or charges agreed. Payment for this package will be paid immediately on instruction to Bunce Estate Agents and agreeing to our terms and conditions set out below. Should the property sell at the asking price the total fee payable will be £1,140 Inc Vat.
Should the property realise a higher or lower figure the fee payable will remain fixed. Interest at the rate of 4% above the bank of England base rate may be charged until payment is made on accounts not settled by you or your conveyancer within 7 days of instructing ourselves.
You may choose to pay in monthly instalments for a period of 6 months from instructing Bunce Estate Agents. Bunce Fee is a fixed fee that will not vary irrespective of the sale price that is agreed with the Purchaser at completion. You agree to pay Bunce Estate Agents 6 equal monthly payments of £166.50 inc Vat.
Your first payment is to be made within 7 days of instructing ourselves and the remaining 5 payments of £166.50 to be paid with 31days of the first payment date. if payment is not made on account on the agreed payment dates Interest at the rate of 4% above the bank of England base rate may be charged until payment is made on accounts not settled by you or your conveyancer within 7 days of each payment date.
The Fee (Upfront Payment– “Monkey” Package)
You will be liable to pay remuneration in advance to ourselves plus any addition to any other costs or charges agreed. Payment for this package will be paid immediately on instruction to Bunce Estate Agents and agreeing to our terms and conditions set out below. Should the property sell at the asking price the total fee payable will be £599 INC VAT.
Should the property realise a higher or lower figure the fee payable will remain fixed. Interest at the rate of 4% above the bank of England base rate may be charged until payment is made on accounts not settled by you or your conveyancer within 7 days of instructing ourselves.
The Fee (Upfront Payment– “Bullseye” Package)
You will be liable to pay remuneration in advance to ourselves plus any addition to any other costs or charges agreed. Payment for this package will be paid immediately on instruction to Bunce Estate Agents and agreeing to our terms and conditions set out below. Should the property sell at the asking price the total fee payable will be £99 INC VAT. Should the property realise a higher or lower figure the fee payable will remain fixed. Interest at the rate of 4% above the bank of England base rate may be charged until payment is made on accounts not settled by you or your conveyancer within 7 days of instructing ourselves.
By electing to use this payment option, you agree to pay Bunce Estate Agents the Bunce Estate Agents Fee in advance.
Payment can be made over the telephone, using a credit or debit card or BACs.
Termination of the agreement or a change of the type of agency can be effected by either party giving 21 days written notice, subject to the agreed minimum period, which is set at 16 weeks. The agreement will continue after the minimum period unless or until terminated by either party.
Energy Performance Certificate
A valid Energy Performance Certificate (EPC) is required for all properties offered for sale. The EPC must at least be commissioned before marketing commences and should be in place within 7 days. If it is not in place within 28 days the property must be withdrawn from the market until the EPC is available. If you instruct us to commission the EPC for you, Bunce Estate Agent’s will contact the Energy Assessor with your details and he or she will contact you to arrange access to the property.
You are bound by Bunce Estate Agent’s Terms of Business from the time of verbal instructions to market your property. Bunce Estate Agents are able to offer all applicants and prospective purchasers our full range of estate agency services including the valuation and marketing of their present property.
Consumer Protection Regulations
A copy of the property details will be forwarded to you. Under the Consumer Protection from Unfair Trading Regulations and the Ombudsman’s Code of Practice, anything we say or publish about your property must be accurate. It is therefore very important that you read the details carefully and immediately inform us if there is anything that is inaccurate. In addition, we are obliged to pass on any material information that would impact on a potential buyer’s transactional decision and so you must advise us of anything you feel is relevant to this.
If you have any interested party in purchasing your property, you must advise us prior to the marketing to avoid a liability to pay our fees. You shall inform us of any offers received during the Agency Period from potential buyers who have not been introduced by Bunce Estate Agents.
Bunce Estate Agents recommends certain products and services to buyers including e.g. mortgage advice, investment advice, insurance, surveying, conveyancing etc. We may receive commission for such recommendations.
Bunce Estate Agents are required by law to be able to categorically confirm the identity of each client. In order to do this, but not be intrusive, we require sight of documentary proof of address, together with acceptable photographic ID, such as a passport or photo driving licence. Copies may be taken and held on file.
Bunce Estate Agents take no responsibility for unoccupied properties, unless separately agreed in writing.
Declaration of Interest
Bunce Estate Agents is obliged to declare whether there is a personal interest in the sale of the property. If you are, or think you may be, a close relative or a friend or have any business interests with anyone involved with Bunce Estate Agents, you should let us know immediately.
All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the Data Protection Act 1998 and the GDPR at all times.
Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
- Supplying our services to you (please note that we require your personal data in order to enter into a contract with you);
- Personalising and tailoring our services for you;
- Replying to emails from you;
- Supplying you with emails that you have opted into (you may unsubscribe or opt- out at any time by emailing us at email@example.com or clicking on a link to unsubscribe on any email marketing that we may send to you.
- We will forward your information on to prospective applicants and we will forward applicants details on to you.
With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email and/or telephone and/ or text message and/or post with information, news and offers on our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the Data Protection Act 1998 OR GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
We will not pass on your details to any 3rd party organisations for marketing purposes without your prior written consent.
You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
- For a period of 12 months after the completion of the sale of your property or from the date that you give us notice to terminate this contract and cease acting on your behalf.
Your data will only be stored in the UK.
Bunce Estate Agents is a member of The Property Ombudsman (TPO) scheme for Estate Agents and follows their Code of Practice. A copy of the Code of Practice and the Consumer Guide is available from www.tpos.co.uk
Dual Fee Liability
Dual fee liability may occur if you have previously instructed another agent to sell the property, or where you instruct another agent to sell the property on sole agency or sole selling rights basis, during or after the termination of this agreement.
Right To Cancel
You can cancel this Agreement at any time within 14 calendar days of the Acceptance Date (the ‘Cancellation Period’)without giving any reason. The cancellation period will expire after 14 days from the day this contract was agreed. To exercise the right to cancel, you must inform us of your decision to cancel this contract by sending us a clear statement in writing to Bunce Estate Agents, 3 Poole Avenue, Buckshaw Village, Chorley, PR7 7FP or emailing us at firstname.lastname@example.org
Following the Cancellation Period you can terminate this Agreement at any time by providing us with 14 days’ notice contained in a clear statement by letter, post or email. However, you will not be entitled to a refund for any Services after the 14 days Cancellation Period has expired.
We may amend or withdraw any or all of the Services, Extra Services or Extra Products by writing to you and providing at least 14 calendar days’ notice in advance of such amendment or withdrawal. Upon receiving our notice to you of the amended or withdrawn Services, you shall have the right to terminate this Agreement by giving 14 calendar days’ notice in writing to us that you wish to end this Agreement. For the avoidance of doubt, a change to the Local Bunce Agent or the Marketing Price does not constitute an amendment to this Agreement.
Bunce’s right to cancel
We may terminate this Agreement at any time by providing you with written notice if: (a) you have committed a material breach of the terms of this Agreement and that breach is incapable of remedy; or (b) you have committed a material breach of the terms of this Agreement and you have not remedied that breach within 7 days of our notification of such breach(s); or (c) you are in persistent breach of the terms of this Agreement. Your obligations as per the Clause below are all “material”.
We may terminate this Agreement with you at any time in writing if you do not: (a) within ten business days of the Agreement Date, provide us with information that is necessary in order for us to provide the Services in full (including but not limited to information requested to verify your identity and your ownership of the Property and evidence that a valid EPC certificate exist or has been commissioned), or (b) if such information fails our customer due diligence and/or money laundering checks (in which case we may also have to cease to act without explanation).
There will be no refunds payable under our right to cancel Clause above if:
- at any time (including during the Cancellation Period) your Property is sold (or is due to be sold); or
- you terminate after expiry of the Cancellation Period; or
- we terminate in accordance with Clauses above (right to cancel).
If you have purchased any Extra Services or Extra Products and cancel this Agreement during the Cancellation Period you will only be entitled to a refund for those services if they have not been performed either in whole or in part. If the Extra Services or Extra Products have been performed in part, we will refund you an amount proportionate to the services that are still unperformed (such reimbursement to be made 14 calendar days after the date on which you cancel our agreement). If the Extra Services or Extra Products have been performed in full, no refund will be available.
If any refund payment is due under this Clause, you must provide us with accurate banking details in order for us to process such refund to you. We will not be responsible for any delay in providing refunds to the extent that such delay arises as a result of you providing inaccurate banking details. In addition, if you provide us with incorrect banking details and we therefore refund a third party, our refund obligation is discharged and it is your responsibility to recover the funds from the third party.
We shall be entitled to set-off any of our losses from any refund if you have not complied with your obligations set out in Clause below of this Agreement.
You warrant and undertake that you:
- have entered into the Agreement in good faith and with a genuine desire to engage us to sell your Property;
- are the sole owner or joint owner of the Property;
- have the necessary authority, power and capacity to instruct us to list the Property for sale from all owners of the property and will provide evidence of such if required to do so by us;
- own or are licensed to use any and all intellectual property rights in any content uploaded onto Our Site and that any such content does not infringe any third party’s intellectual property rights;
- will co-operate with any reasonable security checks or requests for information made by us or your Local Bunce Agent from time to time;
- will notify us or the Local Bunce Agent if you are not the legal owner of the property you have instructed us to sell or if you are acting on behalf of a company or trust;
- you are allowed to advertise with us at the same time if the Property is being advertised by another estate agency. If you instruct us to advertise the Property and subsequently find that this puts you in breach of your other agent’s terms of contract then your listing can be stopped provided you give us at least 48 hours’ notice in writing but you will be liable for any costs incurred by us up to that date and may be liable to pay the Bunce Fee in full;
- will provide Bunce and your Local Bunce Agent with such information and materials as Bunce and your Local Bunce Agent may reasonably require (including a HomeBuyers Report) in order to provide the Services and that such information is in compliance with this Agreement;
- will commission an EPC for the Property prior to the marketing of the Property if a valid certificate does not already exist. If a valid EPC does exist you will provide a copy to us within ten business days of the Agreement Date; and
- provide us with any documentation that we may require to carry out due diligence on all you in accordance with our obligations under the Money Laundering Regulations 2017.
Description of the Property
It is your legal responsibility to disclose any information you are aware of that relates to the Property in a clear, intelligible and timely manner and you agree to comply with this responsibility. You will provide information that is accurate and not misleading and you must not omit to disclose anything material that may impact on the average consumer’s transactional decision in relation to the Property. If the Property is a leasehold property you must provide details of service charges, ground rent, the length of years remaining on the lease, and any special conditions relating to the lease.
You acknowledge and agree that it is your responsibility to check your Property Advert in its totality and notify us of any incorrect or missing information prior to the Property being listed on the Market. If at any time you become aware of any such incorrect or missing information while the Property is listed on the Market you must notify us immediately.
If you feel that any marketing material promoting the Property is not accurate or is misleading, you must contact us immediately. We will review the relevant material as soon as is practicable and take such action as is necessary to amend the material. You acknowledge that material promoting the Property is subject to change at any time.
If we are notified or made aware of information or material provided by you that infringes a third party’s intellectual property rights we have the right to remove the Property from Our Site and Partner Sites immediately.
Where You Require us to begin active marketing immediately:
If you do request that we begin immediate marketing of your property during the cancellation period and you do exercise your right to cancel, you will be required to pay an amount of £250 In Vat to cover all reasonable expenses incurred. Should we introduce or have negotiations with the ultimate buyer of the property before you exercise your right to cancel, the contract will have been fully performed and the agreed agency fee would be due, notwithstanding that cancellation took place.
This agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England and Wales.
- You should not sign our agreement unless you have read, understood and agree to these terms and conditions.
- When you sign our agreement, you are doing so on behalf of all owners of the property and hereby confirm your instructions and authorise us to act on your behalf in the sale of the above property.
iii.. You acknowledge receipt of a copy of our agreement.
Money Laundering Regulations (2017)
In accordance with the Regulations we are required to confirm the identity of all seller(s) of the property. We are also required to keep a record of the evidence we have verified. If for any reason we are unable to confirm your identity in the course of establishing a business relationship with you, we reserve the right to withdraw the property for sale until formal proof of identity is received.
- Full Name
- Proof of I.D Seen
- Doc No.
- Date of Issue /Exp
- Issuing Authority
- Proof of Residency
- Date of issue
- Name of Issuer
Cancellation Notice Example
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you wish to cancel this contract you must do so in writing and deliver your notification personally, or send it to us by post within 14 days to Bunce Estate Agents, 3 Poole Avenue, Buckshaw village, Chorley, PR7 7FP or email enquiries@Bunce.house. You may use this form, but you do not have to.
I/We hereby give notice that I/we cancel the contract for the supply of estate agency services that was agreed on………… in relation to my/our property at………………………… I/we understand that I/we may be liable for the expenses/fees, as outlined in the agreement I/we signed
Name & Address
Any complaints about the Services must be made in writing and sent to us via email at complaints@Bunce.House Any such complaints will be dealt with swiftly and professionally.
In the event that any complaint cannot be resolved with us directly, please be aware that we are registered with the Property Ombudsman Scheme which provides consumers with a free, impartial and independent alternative dispute resolution service.
Limitation of Liability and Indemnity
We do not exclude or limit in any way liability for death or personal injury caused by our negligence or the negligence of our Associates, fraud or fraudulent misrepresentation; or breach of any terms implied by the Supply of Goods and Services Act 1982.
If we fail to comply with these terms and conditions, our liability to you shall not exceed the price you have paid for the Services and if you have not paid for the Services, our liability shall not exceed £1,000. Our liability shall not in any event include business losses such as loss of data, loss of profits, loss of contracts or business interruption.
We will not accept any responsibility for any damage or loss suffered as a result or in connection with the placing and erection of the ‘For Sale’ board on your Property.
We do not accept any responsibility for any loss or damage caused by a prospective Purchaser visiting the Property.
You agree that it is your responsibility to ensure the safety of any prospective Purchaser visiting your Property, and we do not accept any liability in this respect.
Due to the nature of the Services, we do not guarantee that you will receive viewings requests, receive an offer or ultimately complete the sale of the Property. We will not be liable for any losses, claims, damages, costs or expenses suffered or incurred by you or any other person should the Property not sell.
You agree that you will indemnify us and/or our Associates, and keep us and/or our Associates indemnified, from and against all direct costs, expenses, damages and losses, which may be suffered or incurred by us in connection with any third party claim made against us arising as a result of the Seller’s breach of this Agreement or its legal responsibilities.
Extra Services and Products
You may choose to purchase or opt-into one or more of the Extra Services and/or Products below in addition to the Services provided in your Bunce Bundle:
If you would like your Local Bunce Agent to conduct viewings at the Property during the Marketing Period you may purchase the Accompanied Viewings Extra Service at additional cost. Please note that Accompanied Viewings may be included as standard in certain Bunce packages.
It is your responsibility to provide sets of keys to your Local Bunce Agent for all lockable doors and cupboards within the Property.
You must ensure that your Local Bunce Agent has access to the Property at the date and time of any arranged viewings.
You must ensure that the Property is in a safe condition and prepared for any and all viewings.
Should you fail to provide access to the Property for viewing on multiple occasions, Bunce reserves the right to cancel this Agreement in which case Cancellation fees may apply.
Primelocations Premium Listing
Primelocations Premium Listing is an Extra Product that may be purchased at additional cost. The premium listing is fulfilled by our Partner Site, Primelocations and you should refer to Rightmove for more information about the Product. This Extra Product is non-refundable. Primelocations Premium Listing may be included as standard in certain Bunce Bundles and this will be stated clearly in your contract.
Zoopla Premium Listing
Zoopla Premium Listing is an Extra Product that may be purchased at additional cost. The premium listing is fulfilled by our Partner Site, Zoopla and you should refer to Zoopla for more information about the Product. This Extra Product is non-refundable. Zoopla Premium Listing may be included as standard in certain Bunce Bundles and this will be stated clearly in your contract.
Rightmove Premium Listing
Rightmove Premium Listing is an Extra Product that may be purchased at additional cost. The premium listing is fulfilled by our Partner Site, Rightmove and you should refer to Rightmove for more information about the Product. This Extra Product is non-refundable. Rightmove Premium Listing may be included as standard in certain Bunce Bundles and this will be stated clearly in your contract.
On The Market Premium Listing
On The Market Premium Listing is an Extra Product that may be purchased at additional cost. The premium listing is fulfilled by our Partner Site, On The Market and you should refer to On The Market for more information about the Product. This Extra Product is non-refundable. On The Market Premium Listing may be included as standard in certain Bunce Bundles and this will be stated clearly in your contract.
‘For Sale’ Boards
You will have the option to include a For Sale board as part of your Bunce Bundle at no extra cost to you. If chosen, you give permission for us to arrange for a ‘For Sale’ board provider to erect one ‘For Sale’ board at the Property.
You are only permitted by law to display one ‘For Sale’ board at the Property and therefore you agree that whilst a Bunce ‘For Sale’ board is displayed, no other boards will be erected at the Property.
The ‘For Sale’ board shall belong to us and we will arrange for the board to be collected at such time when the Property sale is Completed, the Property is withdrawn from the Market, at the end of the agreed Marketing Period, or following cancellation of the Agreement, whichever is the sooner.
It is your responsibility to ensure that the ‘For Sale’ board is removed from public display no later than 14 calendar days after the sale of the Property, and kept safe and secure for collection by us.
The erection of a For Sale board is subject to the Town and Country Planning (Control of Advertisements) Regulations 2007. In certain circumstances, despite your request for us to do so, we may not be able to erect a For Sale board under these laws.
Energy Performance Certificate (‘EPC’)
Pursuant to the Energy Performance of Buildings (England and Wales) Regulations 2012 it is a legal requirement for you to have a valid EPC for the Property or to have commissioned an EPC before we can Market the Property on ours and partners portals .
You can commission an EPC from one of our nominated partners by purchasing it at additional cost as an Extra Service through website or contact us. You acknowledge and agree that in purchasing this Extra Service, we will share your personal data (including your contact details) with such third-party provider.
We will place an order with the provider who will liaise directly with you to arrange a suitable time to carry out the survey. You must notify the provider if you are not available at the agreed time. If the provider attends the appointment but is unable to enter the property at the agreed time, you will be liable for the cost of any subsequent visit by the provider.
Third Party Services
We may introduce you and prospective Purchasers to our selected partners who offer additional services such as insurance, mortgages, surveys and conveyancing and from whom we may receive commission. You acknowledge and agree that any relationship between you and a third-party supplier is by separate agreement and Bunce shall have no liability to you for the additional services provided by such third parties.