Estate Agent Terms and Conditions
Introduction
These Terms and Conditions form a legally binding agreement between you (the “Vendor”) and Esale (the “Agent”). By signing or otherwise confirming acceptance, you confirm that you are legally entitled to sell the property and that all joint owners agree to these terms.
1. Payment Options
Pay Upfront: By selecting the Pay Upfront option, you agree to pay our agency fee of £695.00 (inclusive of VAT) before marketing begins. No further fees are due upon completion of the sale.
Pay on Completion: By selecting the Pay on Completion option, you agree to pay an upfront fee of £190.00 (inclusive of VAT) before marketing begins, followed by a completion fee of £1,200 (inclusive of VAT) upon exchange of contracts and successful completion of the sale.
If we introduce a buyer and a sale proceeds to exchange of contracts but you later withdraw, our completion fee remains payable. If the buyer withdraws, no completion fee will be charged.
Both payment options include up to 12 months of property marketing.
2. Cooling-Off Period
If you enter into this agreement online, by phone, or off our premises, you have the right to cancel within 14 days of signing without giving any reason. To cancel, please contact us in writing at info@esaleuk.com
If you ask us to begin marketing before the end of this period, you agree that we may start work immediately and acknowledge that you may lose your right to cancel once marketing begins.
3. Energy Performance Certificate (EPC)
We can arrange an EPC if purchased. If you supply your own EPC, a valid copy or reference number must be provided before marketing commences.
4. Media and Marketing Materials
The package includes professional property descriptions, floor plans, photographs, and measurements. One home visit is included; additional visits may incur a charge.
5. Thirty-Day Money-Back Guarantee
If you choose the Pay Upfront option and are dissatisfied with our service, you may request a refund of your initial agency fee within 30 days of instruction. Refunds do not cover third-party services such as EPCs, premium listings, social media promotions, or video packages. Requests must be made in writing, explaining the reason for dissatisfaction.
6. Agency Type and Multiple Agents
We do not operate under a sole agency agreement. You may market your property with other agents. If your property sells through another agent, any initial agency or marketing fees paid to us remain non-refundable (except under the 30-day guarantee).
7. Tie-In Period
There are no tie-in periods. You may ask us to stop marketing your property at any time. Initial fees are non-refundable except as outlined above.
If the property sells through another agent or privately to a purchaser introduced by us within six (6) months of marketing, our agency fee becomes payable on completion.
For clarity, “introduced” means any person to whom we have sent property details or who has viewed the property via Esale during that period.
8. Withdrawal Fee
There is no withdrawal fee under either payment option.
9. Viewings
We request that all viewings be arranged through Esale. Vendors may accompany viewings themselves unless a viewing package has been purchased. You are also free to conduct viewings through other agents if applicable.
10. Accompanied Viewings
Our unlimited accompanied viewing package, if purchased, is valid for six months from the date of payment.
11. Photographer Cancellation Fee
If you cancel or rearrange the photographer’s appointment within 24 hours of the scheduled visit, a £190.00 cancellation fee will apply.
12. Money Laundering Regulations
We are legally required to verify the identity of all registered vendors in accordance with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 before marketing can begin.
13. Verifying Sales Particulars
You must approve and confirm the accuracy of all draft marketing materials before they are made public.
14. Home Report (Scotland Only)
Vendors marketing property in Scotland are responsible for providing a valid Home Report as required by law.
15. Estate Agents Act 1979 Disclosure
We are required to disclose any interest our employees, agents, or their relatives may have in your property. In accordance with the Estate Agents (Provision of Information) Regulations 1991, we will also inform you if we intend to offer prospective purchasers additional services (e.g. financial advice or insurance) for which we may receive commission.
16. Limitation of Liability
Esale accepts no responsibility for loss, theft, or damage to your property unless caused by our negligence or that of our employees or contractors. Nothing in this agreement limits your statutory rights.
17. Complaints Procedure
Esale is a member of The Property Redress Scheme (PRS) and complies with its Code of Practice.
If you wish to make a complaint, please write to:
Complaints Department, Esale, info@esaleuk.com
If we are unable to resolve your complaint, you may refer it to:
The Property Redress Scheme (PRS)
Website: www.theprs.co.uk
Email: info@theprs.co.uk
18. Acceptance of Terms
By signing below or confirming electronically or proceeding to order on our website, you agree to these Terms and Conditions and confirm that all information provided is accurate to the best of your knowledge.
Vendor Signature: ___________________________
Print Name: ________________________________
Date: ___________________
Agent Signature (Esale): _____________________
Date: ___________________