Terms and Conditions
These terms and conditions set out the terms between you (‘The Seller”) and The Norfolk Agency Limited (‘TNA’, ‘we’ or ‘us’) under which TNA will provide its services to you. If you are in any doubt please contact us.
In instructing TNA 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. Please read these terms and conditions carefully before you accept and agree to be bound by them. By signing documentation or by authorising payment for the Products and Services over the telephone, you agree to place an order and accept these terms and conditions. If you have any concerns or questions about these terms and conditions please do not sign or authorise payment and instead, please contact TNA.
You appoint us and we agree to provide the Products and Services (subject to your payment of the fees) from the date on which you sign or pay until the earliest of: (1) You giving us not less than one week’s notice to stop marketing the Property at any time before unconditional exchange of contracts for the Sale of the Property; (2) Completion of the Sale of the Property.
You warrant and undertake that you: (1) have the necessary authority, power, consents and capacity to instruct TNA to list the Property for Sale; (2) will on request immediately provide TNA with all identity documents required for compliance with the Money Laundering Regulations 2007; (3) will provide an EPC or proof that an EPC has been commissioned for the Property (unless you have selected this as an add-on Service via TNA); (4) will provide all information and material for listing the Property to comply with the CPR, and you will notify TNA immediately of any incorrect or misleading information within the Sales particulars of the Property; (5) will provide TNA with such accurate information and materials as they may reasonably require in order to provide the Services.
We will visit the Property at a time agreed with you to take photographs and measurements of the Property and to obtain information from you relating to the Property (the Take On). Following the Take On, we will prepare Property brochure as soon as reasonably possible. We are required to ensure that this includes certain information including the asking price and room details.
Once we have prepared the Property brochure, we will email it to you to check. We cannot begin to market the Property until you have confirmed in writing that the information in the Property brochure is correct. If another agent is advertising your Property, it is your responsibility to ensure you are allowed to advertise with us at the same time.
Although we do not always have a contractual relationship with Purchasers and potential Purchasers, we do have legal obligations to them: (1) If you ask us to continue to market your Property having accepted an offer, we are required to tell your Purchaser that you have so instructed and if, you then accept another offer, we must promptly tell your original Purchaser that you have done so; (2) If you have accepted an offer, we are obliged to tell any potential Purchaser that this is the case; (3) If you receive an offer and decide not to accept or reject it, we are obliged to keep that person informed of other offers but not the amount of those offers; (4) Although we may tell potential Purchasers about the existence of other offers, we will not reveal the value of such offers without your permission. However, if you do allow us to tell one Purchaser the value of an offer, we become obliged to tell all potential Purchasers who have made offers about the other offers; (5) If a Purchaser or potential Purchaser brings material new information to light, we are obliged to revise your Property information.
You agree that you will pay the fees at the Agreed Rates for the Products and Services. VAT is payable at the prevailing rate – all fees on the website are stated as exclusive of VAT.
Where it is agreed that fees must be paid on completion, they must be paid to us out of the completion monies relating to the Property and you agree that you will instruct your conveyancer to pay the fees to TNA immediately after completion of the Sale of the Property. It is your responsibility to provide your conveyancer with sufficient funds to pay our fees on the Completion Date. If your conveyancer fails to make this payment to us, you agree that you will pay the outstanding fees to us on the Completion Date.
You can make payments by several methods including cheque or bank transfer. Credit/debit card payments are accepted for payment in respect of the company’s Products and Service. The company cannot accept any liability if payment is refused, or declined, by the debit/credit card supplier. TNA does not store credit/debit card details.
If our fees are not fully paid within 7 days of the Completion Date, you will pay us interest of 5% over the National Westminster Bank Plc base rate on unpaid sums from the Completion Date until you fully pay us.
You can cancel our agreement at any time within 14 calendar days of the date on which you accepted these terms and conditions. If you have instructed us to carry out any Services before the cancellation period ends you will be liable for the costs of such of the Services as have been provided up to the date of the cancellation. TNA will refund you an amount proportionate to the Services that are still unperformed.
If you ask us to remove your details at any time from our site, this will not mean that you are entitled to a refund. We will make any refund using the same means of payment as you used for the initial transaction.
ADVERTISING AND MARKETING
TNA will advertise and market your Property on such Property portals, websites or publications as we consider being the most effective at securing potential Purchaser interest on your Property at our sole reasonable discretion and you authorise us so to do. We may use or withdraw the services of such Property portals, websites or publications at our absolute discretion.
Photography and any media we create will remain the Property of TNA. Photos can otherwise be purchased. It is your responsibility to ensure that the Property is in a fit state to be photographed and that it is tidied and suitably arranged before the Take On as insurance does not permit TNA to rearrange items within the Property.
TNA will create the description, photographs, floor plans, brochures and information as part of the advertisement of your Property. You are responsible for ensuring that all descriptions, photographs, floor plans and any other information relating to the Property are accurate, current and in no way misleading.
TNA will arrange and record viewings. You will be notified when 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. It is always your responsibility to ensure full access and to ensure that the Property is in a safe condition and prepared for all viewings.
If you take the accompanied viewings service offered by TNA, we will conduct all of your viewings for a fixed price as agreed, or you may pay for one -off viewings or take advantage of the open day.
If you have elected not to use the services of TNA to conduct viewings of your Property, it will be your sole responsibility to conduct the viewings and TNA assumes no further responsibility in this respect.
If you opt for the viewings service offered by TNA you shall supply TNA with a set of keys for all lockable doors, cupboards and areas that form part of the Property. These will be stored and coded by TNA in a locked cabinet.
You are responsible for ensuring that when your Property is unoccupied, the Property is adequately secured, maintenance is undertaken, mains services are turned off, water and heating systems are properly drained and insurance cover is in place. We accept no liability or responsibility for the Property during the term of this agreement.
TNA will report offers to you within 24 hours unless you instruct us otherwise, the nature, extent and position of the potential Purchaser will be requested and provided to you as the offer is made. TNA will always act on your behalf and negotiate the best possible offer for your Property.
ENERGY PERFORMANCE CERTIFICATE (EPC)
It is a legal requirement for you to have commissioned an EPC (except for listed properties) within 14 days of marketing your Property. You are responsible for providing TNA with an EPC copy within 14 days. We reserve the right to delay marketing your Property until an EPC has been provided or we are satisfied that an EPC has been ordered.
If we provide your EPC then this is not refundable once a domestic energy assessor has visited the Property.
FOR SALE BOARDS
Where you instruct TNA to sell your Property we will not erect a ‘For Sale’ board unless you ask us to do so and pay the Agreed Rate. 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. ‘For Sale’ boards remain the property of TNA and the Agreed Rate covers the installation of the board.
To ensure compliance with the Consumer Protection from Unfair Trading Regulations 2008 (CPR) and to ensure that neither TNA nor the Seller becomes involved in any legal action, the Seller must inform TNA immediately of any incorrect or materially incomplete information within the Sales particulars from the outset or at any point during the marketing or Sale. TNA reserve the right not to publish any information provided by the Seller in order to comply with the CPR.
The Seller shall indemnify TNA, its proprietors, directors or employees against any claim in respect of the Property or any misdescriptions that arises wholly or partially out of the act or default of the Seller.
TNA are required by the Money Laundering Regulations 2007 and the Proceeds of Crime Act 2002 to verify the identity and address of all its clients before accepting their Instructions. TNA must take a copy of a recent utility bill and of photographic evidence of identity such as a passport for each client. These documents will be held on file.
TNA reserves the right to terminate our relationship with you if you fail to provide such identification or TNA consider that the evidence provided is insufficient to meet our obligations under such or similar, legislation. You acknowledge that TNA may also be required to provide information to any relevant authorities if we have reason to suspect that you (or who you represent) are involved in money laundering.
The Estate Agents Act 1979 provides, amongst other matters that anyone engaged in estate agency work or their relatives or associates must disclose their interest in any Property with which they are dealing. 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 TNA. If you are or become aware of a personal association please tell us to enable us to comply with our Code of Practice
Your privacy is very important and TNA is committed to protecting your privacy. We will only use any personal information you send us for the purposes for which you provide it, or for other lawful purposes as described and only hold your information for as long as necessary for these purposes. All employees who have access to your personal data or its handling are obliged to respect the confidentiality of your personal data.
For the effective use of the Products and Services we will provide certain people with personal information such as but not limited to your name, address, contact details, viewing availability and agreed Sale Price. It is your responsibility to provide accurate up to date personal information.
TNA shall take all reasonable precautions to preserve the integrity and prevent any corruption, loss, damage or destruction of such data and information. If you have concerns about data handling or processing by TNA please contact us in the first instance, or The Office of the Information Commissioner, Wycliffe, House Water Lane, Wilmslow, Cheshire SK9 5AX
The contents of the company’s website and its hard copy documentation are the copyright of TNA. You may make copies for your personal use only. You are not allowed to copy and distribute its contents in any way without the prior consent of the company. TNA has limited control over third party sites and services and you acknowledge and agree that TNA is not responsible for the availability of such sites, services or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any content or advertising available from such sites or resources.
DEFINITIONS AND GENERAL TERMS
In our terms and conditions the following words and phrases shall within context have the following meanings:
Agreed Rates – means the charges for the Products and Services as agreed with TNA from time to time;
CPR – means Consumer Protection from Unfair Trading Regulations 2008;
Completion Date – meaning the date of the completion of the Sale of the Property between the Seller and the Purchaser;
Take On means the visit to the Property made by your TNA representative;
Instruction – means taking advantage of the Products and Services having paid the Agreed Rates;
Property – means freehold/leasehold Property to be offered for Sale;
Products and Services – means all and each of the products and/or services offered from time to time by TNA;
Purchaser – means the Purchaser of the Property. ‘Purchaser’ includes anyone who has learned about the Property through our activities either directly or through another person (including, but not limited to, advertisements, Sales details, signage, internet presence and any other verbal or written activity) and undertaken subsequent purchase;
Sale – means a third party proceeding with purchase of the Property, which was subject to TNA involvement in any way;
Sale Price – means the final agreed selling price of the Property;
Seller – means The owner of the Property or the person given the benefit to or who is entitled to sell the Property and any reference to ‘You’, or ‘your’ is a reference to the Seller;
TNA – means The Norfolk Agents Limited and any reference to ‘we’, ‘us’, or ‘our’ is a reference to TNA. TNA is a company registered in England and Wales under company number 9947275 and our registered address is at 7 George Edwards Road, Fakenham, NR21 8NL. TNA is a member of The Property Ombudsman scheme and abides by its Code of Practice.
Subject to context, references to statutory provisions include such statutory provisions as amended or re-enacted, references to gender includes all genders and the singular includes the plural and vice versa.
Indemnity – You hereby agree to indemnify us against any and all costs, expenses or liabilities incurred or imposed on us provided that such costs, expenses or liabilities were incurred in our carrying out the range of Services that you select (from time to time) on your behalf.
Limitation of Liability – TNA does not exclude or limit its liability for death, personal injury, fraud or fraudulent misrepresentation caused by the negligence of TNA or its associates. However, TNA’s general liability to you shall not exceed the price you have paid for the Services. TNA’s liability shall not in any event include business losses such as loss of data, loss of profits, loss of contracts or business interruption.
Assignment – You are not entitled to assign, sub-contract or otherwise dispose of any of your rights or obligations under this agreement without our prior written consent.
Force Majeure – neither party shall be liable under these terms to the extent that such liability arises as a consequence of any event of circumstance or cause beyond the reasonable control of that party.
Notices – Any notice given in connection with these terms and conditions shall be in writing and may be delivered by first class post, special delivery post or e-mail to, in our case, our registered address as given at the start of these terms and conditions and, in your case, to the address given when you submitted your details on the website.
Severance – If a court rules that any provision of these terms and conditions is invalid or unenforceable, this will not affect the rest of the agreement, which shall remain fully in force.
Entire Agreement – The agreement constitutes the entire agreement between the Seller and TNA and supersedes all prior agreements between the parties. Any amendment to this agreement will only have effect if a director of TNA has made it in writing.
Law and Jurisdiction – The agreement is subject to English law and the Courts of England and Wales shall have jurisdiction to hear and determine any action or proceedings in respect of this agreement.