Sales Term's & Condition's
Where Oyster Properties act on your behalf as your sole agent, you will be liable to pay remuneration to us, in addition to any other costs or charges incurred, if at any time unconditional contracts for the sale of the property are exchanged with 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 during that period. Sole agency instructions, is only available on a sole agency basis, and are subject to a minimum contract period of 12 weeks. Either party may terminate such a contract by giving four weeks’ notice in writing (after the end of the contract period). At the end of the contract period or during the contract period (subject to our acceptance) should you instruct another agent our multi-agency fees will apply.
Where Oyster Properties is instructed along with other agents, 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; or with purchaser to whose attention we brought the availability of the property. A multiple agency can be terminated at any time by either party by giving four weeks’ notice in writing.
The responsibility for the payment of fees remains with the party(ies) named on this document. Oyster Properties will be entitled to a commission fee if you terminate this contract and go on to sell the property to a purchaser that Oyster Properties has introduced within six months of the date Oyster Properties’ instructions ended. However, Oyster Properties will give up its rights to any commission fee if a purchaser first introduced by Oyster Properties goes on to buy the property through another estate agent in circumstances where that purchaser was introduced by other estate agent more than six months after Oyster Properties instruction ended. If no other agent is introduced, this time limit will not apply. There may be a dual fee liability if:
1. The seller has previously instructed another agent to sell the same property on a sole agency, joint sole agency or a sole selling right basis; or
2. That the seller instructs another agent during or after the period of Oyster Properties sole agency or joint sole agency.
Under the money laundering regulations and our professional practice, we are required to ensure that we have and keep satisfactory ID’s of our clients and sometimes people related to them.
For the protection of all our clients, and to comply with these requirements (including the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007), we operate a system which seeks to minimise the risk we face from being or becoming involved with any unlawful financial activities.
We need to keep on file two separate documents, one to confirm vendors name (passport copy/driving licence copy) and one to confirm the vendors address (utility bill copy/ or bank statement copy/ council tax copy).
All Oyster Properties fees become due and payable upon exchange of contracts. However, and at discretion of Oyster Properties, fees may be paid out of completion monies. Upon agreeing to our T’s & C’s you are hereby authorising your lawyers to pay our fees out of the sale proceeds.
It is a legal requirement to have commission an EPC before marketing can commence on your property. Oyster Properties will be happy to arrange this for you if needed.
Oyster Properties has the authority to erect a board outside the property labelled ‘For Sale.’
The Client shall inform the agent of any private approaches the Client has received prior to the date of this agreement in relation to the Sale of the Property. From the Commencement Date, direct approaches made to the Client shall be deemed to be a result of our marketing. The Client shall promptly inform the agent of all such approaches, enquiries and discussions and direct all such approaches, enquiries and discussion to us to negotiate on your behalf.
As required by Section 21 of the Estate Agents Act 1979, unless specifically stated otherwise we are not aware of any personal interest existing between ourselves or anyone in our employ or any connected person(s) and yourself(ves). If you are or become aware of such an interest you should notify Oyster Properties immediately.
Oyster Properties offer a number of related services for which Oyster Properties or its employees may receive a fee.
Oyster Properties is registered under the Data Protection Act 1998 and we undertake to comply with the act in all our dealings with your personal data. We will keep your personal information secure. Occasionally, we may contact you by letter, telephone, email or otherwise to inform you about other products and services we offer. We try to limit this contact to acceptable levels, but if you wish to exercise your right to opt out, simply write to: The Manager, Oyster Properties, 845 Honeypot Lane, Stanmore, HA7 1AR.
It is a requirement, that if an offer is agreed privately, or via another agent, the seller must disclose to Oyster Properties the identity of the purchaser prior to exchange of contracts.
You may have the right to cancel our contract under the Cancellation of Contracts made in Consumer’s Home or Place of Work etc. regulations 2008 within seven calendar days from the date upon which it was signed. Notice of Cancellation MUST BE IN WRITING and should be delivered or sent by post to the Cancellations Department, Oyster Properties, 845 Honeypot Lane, Stanmore, HA7 1AR or by email to email@example.com.
If you have given us your written agreement to market your property within the cancellation period you may be required to pay our commission fees if we have introduced a purchaser to your property prior to your serving a Notice of Cancellation.