House Fox Ltd Terms and Conditions

These Terms and Conditions apply when House Fox Limited is appointed to market your property for sale. These Terms and Conditions form the basis of your contract with us. It is a requirement of the Estate Agents Act 1979 that you understand and accept our terms and conditions prior to instructing us as agents for the sale of your property. Please read the terms set out below and confirm your acceptance of these terms and conditions and as confirmation that we have interpreted your instructions by signing the Appointment Form attached.
  1. Definitions In this agreement:
    “Asking Price” the sale price as set out on the Appointment Form as agreed by you;
    Appointment Form means the form to be completed and signed by you in order to appoint House Fox Limited as agent to sell your property;
    Buyer means the person who buys the Property;
    Completion Date means the date on which completion of the sale/purchase of the Property occurs;
    Exchange Date means the date of which a contract of the sale of the Property is exchanged and legally binding;
    Instruction Fee means the non-refundable fee as set out in the Appointment Form, payable by you to us on the signing of the Appointment Form in accordance with these terms and conditions;
    Marketing Fee means the Instruction Fee and the Sale fee;
    Marketing Period means the period commencing on the day that marketing of the Property begins and ending at the expiry of not less than 14 days written notice served by either party;
    Marketing Services means the services to be provided by us to you as set out in clause 3;
    Preferred Solicitors means any solicitor or licensed conveyancer introduced by us to you;
    Premium Listing means a listing on Rightmove or such other online provider where your Property has additional photographs and a premium position which will provide your property with additional exposure;
    Premium Listing Fee means the fee payable by you for the Premium Listing as set out on the Appointment Form;
    Property means the property address for which you have instructed us to sell as out in the Appointment Form;
    Sale Fee means the fee payable by you to us on the Completion Date as set out in the Appointment Form;
    Sale Price means the price agreed with you and received from your buyer as the price for the Property;
    Sole Agency means that you are giving us the exclusive right to sell your Property for the Sole Agency Period;
    Sole Agency Period as set out on the Appointment Form;
    uswe or our refers to and means House Fox Limited a company registered in England and Wales with company number 11182417 whose registered office is at 339 Two Mile Hill Road, Kingswood, Bristol  BS15 1AN;
    you and your refers to an means the owner of the Property or the person given the benefit to or who is entitled to instruct us and to sell the Property.
    “Website” means
  2. Appointment
    1. You appoint us to act as your agent in relation to the Property to carry out the Marketing Services for the Marketing Period. You appoint us on a Sole Agency basis for the Sole Agency Period.
    2. Unless otherwise stated in the Appointment Form, you shall not during the Sole Agency Period appoint any other person as your agent for the purposes mentioned in clause 2.1.
    3. We shall obtain and maintain in force during the term of the contract with you all licences, permits and approvals which are necessary or advisable for the performance of our duties under these terms and conditions and shall comply with all relevant legislation.
    4. Subject as provided in these terms and conditions and to any directions which you may from time to time properly give, we shall be entitled to perform the Marketing Services in such manner as we may think fit.
    5. We accept no responsibility for the maintenance or repair of any unoccupied Property.
  3. Marketing Services
    1. Valuation
      1. We shall give you advice on the Property’s value.
    2. Property Particulars
      1. We shall prepare particulars of the Property, including a written description and photographs (“the Property Details”).
      2. You will be fully responsible for the accuracy, completeness and veracity of any information provided to us in relation to the Property Details. You must, in writing, approve the Property Details before marketing of the Property can commence.
      3. You will promptly inform us of any:-
        • material changes which may affect the Property Details; or
        • errors or inaccuracies in the Property Details.
      4. We will make a member of staff available to you at all reasonable times and upon reasonable notice for the purposes of consultation and advice relating to the Property.
    3. Marketing
      1. Once you have approved the Property Details we shall advertise and market your Property on such property portals, websites or publications as we consider to be the most effective at securing interest in your Property from potential buyers, in our absolute discretion.
      2. You may at any time request a Premium Listing subject to the payment of the Premium Listing Fee.
      3. We shall, if requested by you, erect and maintain a “for sale” board outside the Property to assist with the marketing of the Property. All “For Sale” boards shall belong to us although it is your responsibility to ensure they are safe and secure and preserved for collection by us once the Property is sold or this contract is terminated. You shall not permit any other agent to erect or maintain such a board at the Property during the Sole Agency Period.
      4. We shall deal with enquiries from potential buyers, arrange and escort viewings and keep you informed of the outcome of all enquiries and viewings.
      1. Energy Performance Certificate (“EPC”)
        1. You acknowledge that it is a legal requirement for you to have an Energy Performance Certificate (“EPC”) in order for us to advertise and market your Property.
        2. It is your responsibility to secure a valid and up to date EPC, which you will provide to us within 14 days of any marketing of your Property being published. If requested by you and at your cost, we shall arrange for an Energy Performance Certificate (“EPC”) to be prepared for the Property prior to marketing.
      2. Access to Property
        1. If we hold keys to the Property we shall, unless otherwise agreed with you, accompany any potential buyer viewing the Property. If we are arranging a viewing of the Property we will agree the arrangements with you.
        2. You will provide us with all reasonable access to the Property as we may require from time to time to facilitate any viewing of the Property.
      3. Offers
        1. We will promptly and accurately forward to you all offers received from potential buyers at anytime up until the Exchange Date, unless the offer is of an amount or type which you have specifically instructed us, not to pass on. A record of all offers received for the Property will be kept and such record will be made available to you upon your request.
        2. We shall take reasonable steps, in respect of any potential buyer who has made an offer to buy the Property, to establish the source and availability of that person’s funds for the purchase, and we shall relay this information to you.
        3. Once a sale of your Property has been agreed we will prepare and send out a memorandum of sale to both your and the Buyers solicitors. A copy shall also be sent to the Buyer.
        4. If you are using one of our Recommended Solicitors we will get fully involved in helping you with the sale progression at no extra cost to you. If you do not instructed one of our Recommended Solicitors we reserve the right to charge the Admin Fee.
  4. Your Obligations
      1. You confirm that you are the owner(s) of the Property and you are entitled to sell the Property.
      2. You shall provide us with such assistance and information as we reasonably require in order to provide the Marketing Services.
      3. You shall inform us of any offers received during the Sole Agency Period from potential buyers who have not been introduced by us.
      4. You shall pay the Marketing Fees to us in accordance with these terms and conditions.
  5. Fees payable
    1. Instruction Fee
      1. You shall pay the Instruction Fee on the signing of the Appointment Form. We shall not undertaking any of the Marketing Services until the Instruction Fee has been paid in full unless otherwise agreed by us in writing.
      2. The Instruction Fee is non-refundable if you terminate the Contract after we have commenced the Marketing Services.
    2. Sale Fee
      1. We shall invoice both you and your solicitor/conveyancer on the Exchange Date for the Sale Fee which is due and payable to us on the Completion Date.
      2. The Sale Fee must be paid out of the completion monies relating to the sale of your Property before any other disbursements, except solicitors’ or conveyancers’ fees.
      3. Settlement of our account shall be made on your behalf or by your solicitors/conveyancer and we are entitled to seek such settlement from them. Your signing and acceptance of these Terms and Conditions authorises your solicitor/conveyancer to settle our account in accordance with these Terms and Conditions.
      4. In the event that your appointed solicitor/conveyancer does not pay the Sale Fee then you are liable to settle the amount direct to us on the Completion Date.
    3. Sole Agency
      1. In addition to the Instruction Fees payable in accordance with clause 5 above you will be liable to pay the Sold Fee if:
        1. a Buyer is introduced by another agent during the Sole Agency Period, or
        2. after notice to terminate or expiry of the Sole Agency Period, a potential buyer that was introduced by us or with whom we negotiated about the Property during the Sole Agency Period becomes the Buyer of the Property.
    4. Premium Listing Fee
      1. If you request, at any time during the Marketing Period, a Premium Listing you shall pay the Premium Listing Fee which shall be payable within 2 days of our invoice.
    5. All cheques must be made payable to House Fox Limited.
    6. Any sum payable under these terms and conditions are inclusive of any VAT.
    7. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Santander from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  6. Duration and Termination of Agency Contract
    1. The contract shall continue for the Marketing Period unless terminated by either party giving to the other not less than 14 days written notice, to expire at or any time after the end of the Sole Agency Period.
    2. Upon the termination of the contract:
      1. we shall cease to promote, market, advertise or solicit offers for the Property;
      2. the Sale Fee shall be payable if a Buyer introduced by us exchanges contracts for the sale of the Property:
        1. through another agent within 6 months of the date of termination of this contract; or
        2. without the involvement of another agent within 6 months of the date of termination of this contract.
  7. Complaints
    1. We strive to deliver the best possible service however should you be less than happy, please contact us as soon as possible so we can resolve matters quickly and efficiently. Please contact us to obtain a copy of our complaints procedure.
  8. How we may use your personal information
    1. We will only use your personal information as set out in our Privacy Notice. You can find our Privacy Notice attached at Schedule 1.
  9. Other important terms
    1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Marketing Services, we can still require you to make the payment at a later date.
    5. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.