Terms and Conditions
Further to the Estate Agents Act 1979 it is a requirement that you understand and accept our terms and conditions when instructing CJ Delemere as the Estate Agent selling your property. Please read the terms detailed below. By ticking on the acceptance box you agree to these terms and conditions. If you wish to question anything about CJ Delemere terms you must contact us in writing, otherwise we will assume you accept them.
For Landlords agreeing to these terms and conditions, the purpose of this document is to clearly and concisely set out the extent of the letting and management service offered by CJ Delemere and the scale of fees charged.
Information about CJ Delemere Ltd
This Website is owned by CJ Delemere LTD, a registered company in England and Wales with the company registration number [||||||||||||] with its registered address at 418 Muswell Hill Broadway, Muswell Hill, London, N10 1DJ.
Contents of this Agreement include
- Client Property Sales Terms and Conditions
- Landlord Lettings Terms and Conditions
- General Terms and conditions relating to all CJ Delemere clients
Terms of this agreement:
Definitions Within this agreement the following words or phrases shall, unless the context otherwise requires, have the following meanings:
“Property” The property address for which you have instructed CJ Delemere to sell as stated at the end of this agreement under the term “Selling address”
“Sale Price” The price that has been agreed with your buyer for the sale of the property
“Buyer” The person buying your property
“Seller” The owner of the property or the person given the benefit to or who is entitled to sell the property
“Client” The owner or Landlord of the property or the person given the benefit to or who is entitled to sell or let the property
“You” The owner of the property or the person given the benefit to or who is entitled to sell the property
“The Agent” Means CJ Delemere Ltd a company registered in England, company registration number, [||||||||||||]
“Exchange date” The date of which contracts of the sale of the property are legally exchanged and are legally binding
“Completion Date” The date agreed by both buyer and seller that is the completion of the sale/purchase
“Commission” The amount payable to CJ Delemere in respect of our fees due from the introduction of a buyer who legally completed on the purchase of your property
“CJ Delemere or We” Means CJ Delemere Ltd a company registered in England, company registration number, [||||||||||||]
“On the market” This means that your property is being listed on the CJ Delemere website and/or our partner sites.
“Our Website” Means www.cjdelemere.com
Fee / Commission / Terms for Property Sales
All Fees are paid to CJ Delemere and to be paid in accordance with the options and additional services you have ordered.
Settlement of Fees
Fees Payable for Sole Selling Rights
Commission fees are payable as a result of the circumstances outlined in this Agreement. Fees become due at exchange of contracts or (if there is no contract) upon completion of the sale.
Responsibility for Fees
The responsibility for the payment of these fees remains with the “Seller”. CJ Delemere will submit their account to the “Sellers” solicitors/licensed conveyancer who should settle the payment no later than three working days after completion or 28 days after exchange of contracts on the Property, whichever is sooner.
If the account remains unpaid after the due payment date CJ Delemere reserves the right to charge daily interest on the outstanding balance at an annual rate of interest of 4 % above Bank of England base rate from the due payment date until payment is received in full.
Ready, Willing and Able Purchaser
A purchaser is a ready willing and able purchaser if he is prepared and is able to exchange unconditional contracts for the purchase of the Property.
You will be liable to pay commission to the Agent, in addition to any other costs or charges agreed, if such a purchaser is introduced by the Agent in accordance with your instructions and this must be paid even if you subsequently withdraw and contracts for sale are not exchanged, irrespective of the reasons.
Double Commission Warning
The client may be liable to pay agency fees to more than one agent if:
- The client has previously instructed another agent to sell the same property on a sole agency, joint sole agency, multiple agency or a sole selling rights basis; or
- The client instructs another agent during or after the period of the Agent’s sole selling rights agency.
Sole Selling Rights – Liability to Pay Commission
The client will be liable to pay remuneration to the Agent, in addition to any other costs or charges agreed, in each of the following circumstances:-
i) If unconditional contracts for the sale of the Property are exchanged in the period during which the Agent has sole selling rights, even if the purchaser was not found by the Agent but by another agent or by any other person, including the Client;
ii) If unconditional contracts for the sale of the Property are exchanged after the expiry of the period during which the Agent has sole selling rights but to a purchaser who was introduced to the Client during that period or with whom the Agent had negotiations about the Property during that period.
The Agent may be entitled to a commission fee if the Client terminates this agreement and a memorandum of sale is issued by another agent to a buyer that we have introduced within 6 months of the date this agreement ended and where a subsequent exchange of contracts takes place. If no other estate agent is involved this time limit extends to an exchange of contracts within two years of the date this agreement ended.
Reference above to the exchange of contracts shall be deemed to include completion of a sale of the Property where no contracts are exchanged.
Rightmove Premium Listing and Rightmove featured properties.
If you have or intend to order the Rightmove premium listing then it's important for you to know that this is a one-time activation that lasts for 6 months but only on a continued marketing basis. For example if you choose to de-list your property after 2 months of activation then your Rightmove premium listing will instantly come to an end. Premium listings do sometimes go live a number of days after your listing goes live. If you re-list the property at any time after this then you will no longer be able to use the premium credit unless you purchase another one. This is the way Rightmove operate the Premium option and not something we have control over.
Featured properties. If you order a featured property please allow up to 7 days for your featured property to appear.
Your obligations as the Seller(s).:
The Seller(s) hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement;
The Seller(s) hereby confirms and covenants that he/she/they are the beneficial owner(s) of the property; or have the authority from the beneficial owner to sell the property on the above terms.
Under the Money Laundering Regulations 2007 the Agent is legally obliged to undertake Customer Due Diligence. This will require the Client to produce to the Agent satisfactory evidence of the Client’s identity and current residential address.
Property Misdescriptions Act 1991
Your property details will be verified before marketing of the property can commence. CJ Delemere will approve your details.
To ensure compliance with the Property Misdescriptions Act 1991 and to ensure that neither CJ Delemere nor the seller becomes involved in any legal action, the Seller must inform CJ Delemere immediately of any incorrect information within the sales particulars from the outset or at any point during the marketing or sale.
Any amendments that you make to your property listing will be fully vetted by CJ Delemere and if we feel they are not valid they will be changed without notice.
CJ Delemere reserve the right not to publish any information provided by the seller in order to comply with the Property Misdescriptions Act 1991. Also any other publication (our brochure for example); may be subject to change at anytime. Often when changes are made to the website especially prices may not be amended in the brochure
The seller shall indemnify CJ Delemere, its proprietors, directors, employees or agents against any claim made in respect of the Property or any Misdescriptions herein that arises wholly or partially out of the act or default of the seller.
CJ Delemere cannot accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been agreed.
The Landlord confirms that he/she is the sole or joint owner of the Property and has the right to rent out the Property under the terms of the mortgage or head lease. Where necessary, the Landlord confirms that permission to let has been granted by the mortgagee. The Landlord authorises the Agent to carry out the various usual duties of property management including those listed in items 1-13 of the Standard Management Service – detailed previously. The Landlord also agrees that the Agent may take and hold deposits and comply with the requirements of any tenancy deposit scheme that may apply to that deposit. It is declared that the Agent may earn and retain commissions on insurance policies issued.
LIABILITY FOR TENANT DEFAULT:
Although the aim is to take every care in managing the Property, the Agent cannot accept responsibility for non-payment of rent, damage or other default by tenants, or any associated legal costs incurred in their collection where the Agent has acted correctly in terms of this Agreement, or on the Landlord’s instructions. An insurance policy is recommended for this eventuality.
REASONABLE COSTS AND EXPENSES:
The Landlord agrees to repay the Agent for any reasonable costs, expenses or liabilities incurred or imposed on the Agent provided that they were incurred on behalf of the Landlord in pursuit of the Agent's normal duties. To assist the Agent in carrying out his duties effectively, the Landlord agrees to respond promptly with instructions where necessary to any correspondence or requests from the Agent.
Where the agreement is cancelled under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (or previous consumer contract legislation) the Landlord agrees to repay any reasonable costs incurred by the Agent in carrying out his duties before the cancellation of the contract (see clause Agreements signed away from the Agents office below)
The Landlord agrees to provide the Property in good and lettable condition and that the Property, beds, sofas and all other soft furnishings conform to the current fire safety regulations. The Landlord agrees to make the Agent aware of any ongoing maintenance problems. Subject to a retained maximum expenditure limit (Maintenance Repair Limit) on any single item or repair, and any other requirements or limits specified by the Landlord, the Agent will administer any miscellaneous maintenance work that needs to be carried out on the Property (although the administration of major works or refurbishment will incur an additional charge - see Scale of Fees above). ‘Retained maximum expenditure limit’ means that the Agent has authority to spend up to this amount (or other amount as individually agreed) on reasonable improvements or repairs in any single monthly accounting period without prior reference to the Landlord.
For expenditure in excess of the agreed expenditure limits, the Agent would normally request authorisation in advance, although it is agreed that in an emergency or for reasons of contractual or legal necessity where reasonable endeavours have been made to contact the Landlord, the Agent may reasonably exceed the limits specified. By law, it is necessary to carry out an annual inspection and service for the central heating and any gas appliances. The Agent will carry this out on the Landlord's behalf and expense and administer the necessary inspection and maintenance records. The reasonable costs involved will be debited to the Landlord’s account.
Where the Agent is required to co-ordinate repair and maintenance work on behalf of the Landlord, the Agent will not be responsible for any negligence, damage, or breach of contract by any contractor employed in this way.
When letting property and collecting rents for non-UK resident landlords (NRL) i.e. landlords living overseas, the Agent is obliged by the Income and Corporation Taxes Act 1988 and the Taxation of Income from Land (Non-Residents) Regulations 1995 to deduct tax (at the basic tax rate) to cover any tax liability, unless the Landlord has been authorised in writing by HM Revenue and Customs (HMRC) to receive rent gross. In this situation, the Agent also requests that the Landlord appoints an accountant or reserves to the Agent the right to employ a suitably qualified accountant in order to manage correspondence with the Inland Revenue. A standard annual charge will be made for this work and the Agent may charge reasonable administration expenses for further work requested by the Landlord, the Landlord's accountant or the HMRC in connection with such tax liabilities. In many cases, a landlord's tax liability is minimal when all allowable costs are deducted.
Payment of Council tax will normally be the responsibility of the Tenants in the Property. The Agent will notify the council of change of ownership However, landlords should be aware that where a property is empty, let as holiday accommodation, or let as a house in multiple occupation (HMO) responsibility for payment of council tax then rests with the owner of the Property.
The Agent will take meter readings whenever possible at each change of occupation in the Property and, where necessary, inform the service companies (electricity, gas and water) of these readings and change of occupation. In many cases, the service companies (e.g. BT) require that the new occupiers formally request and authorise the service and it is not possible for the Agent to do this on the Tenant's or Landlord's behalf. Regarding mail, Landlords should take care to inform all parties (e.g. Banks, clubs, societies etc.) of their new address; it is not always possible to rely on tenants to forward mail.
The deposit protection schemes established under the terms of the Housing Act 2004 require that all landlords need to be protected by good inventory and condition reports from the outset. The Agent will prepare an inventory for the Property and a charge will be made for this depending on the size of the inventory and the Property. The standard inventory will include all removable items in the Property (except those of negligible value) plus carpets, paintwork, wall coverings, curtains, mirrors, sanitary ware and other articles that, in the opinion of the Agent, need regular checking. Landlords should not leave any articles of exceptional value in the Property without prior arrangement with the Agent. The standard inventory service will include a full schedule of condition (condition, colour & decoration of ceilings, walls, doors & door fittings etc.). Evidence of condition or damage (i.e. photography) will be prepared as required, or at the Landlord's request, and will be charged accordingly.
The Standard Management Service includes the preparation of a tenancy agreement in the Agent's standard form(s) and provision of a copy of this agreement to a designated advisor or building society. Should the Landlord, advisors or mortgagees require amendment of the contract or require the Agent enter into further work or correspondence, a fee for this extra work may be requested (or you may have the tenancy agreement amended by your own adviser at your own expense). It is agreed that the Agent may sign the tenancy agreement(s) on behalf of the Landlord.
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