Contract Terms

1. ABOUT US

Donnelly & Co T/A Tom Donnelly Estates LTD is a company incorporated in England under company number 14040385, with its registered office at Building 18, Gateway 1000, Whittle Way, Arlington Business Park, Stevenage, Hertfordshire, England, SG1 2FP. Our VAT number is 409377968. We are members of the dispute and compensation scheme operated by The Property Ombudsman (www.tpos.co.uk), registration number T07835.

2. OWNERSHIP

By signing this Agreement, you confirm that you are a sole or joint owner of the Property, have the authority of any co-owner to instruct us to sell the Property, and are authorized to give us instructions to enable us to progress a sale.

3. AGENCY

Depending on your selection in the particulars, different terms apply:

3.1 Services: 

Whether appointed as a sole selling rights agency or a multiple agency, we will provide our standard estate agent services to facilitate the marketing and sale of the Property. These services include a market appraisal to recommend an asking price (your decision ultimately), preparing sale particulars including photographs, advertising on property portals like Rightmove and Zoopla, arranging viewings, and progressing the sale transaction with any prospective buyer introduced by us.

 

3.2 Sole Selling Rights:

• For the exclusivity period stated in the particulars, Tom Donnelly Estates Ltd has the exclusive right to market and sell the Property, and is the only agent engaged to provide any services related to the sale.
• You will be liable to pay commission to us, in addition to any agreed costs or charges, if during our sole selling rights period, unconditional contracts for the sale of the Property are exchanged with any buyer introduced by us or another agent, or who purchases directly from you.
• The sole selling rights agency will continue until either party gives one week’s written notice, effective no earlier than the end of the initial fixed period. Marketing starts on the first allowed day.
• Situations may arise where you are liable to pay fees to two estate agencies, such as if you instruct another agent during our sole selling rights period.

 

3.3 Multiple Agency:

• You may appoint other estate agents in addition to Tom Donnelly Estates Ltd. Commission is owed if unconditional contracts for the sale of the Property are exchanged with a buyer introduced by us during the agency period, or with whom we had negotiations.
• The agency continues until the Property is sold or until 7 days after written notice is given by either party.
• Commission is due if another agent is instructed and a buyer introduced by us exchanges contracts within 6 months of our agreement’s termination.

 

3.4 Additional Services: 

• We may offer additional services, such as drone photography or premium display upgrades on Rightmove/Zoopla, at an additional cost discussed with you. We may also provide other services, such as mortgage facilities, insurance, and conveyancing, for which fees or commissions may be received.

4. EXISTING PROSPECTIVE PURCHASERS

If the particulars show any current interested buyers, we will not be entitled to commission unless we negotiate directly with them on your behalf.

5. COMMISSION

Our commission, whether a fixed fee or a percentage, is outlined in the particulars. If calculated as a percentage, it is inclusive of VAT and adjusts with the contract selling price.

6. PAYMENT OF FEES

By signing this Agreement, you authorize us to submit our invoice to your solicitor or conveyancer for immediate payment upon completion. If the proceeds of sale are insufficient, you must pay us directly. You agree to notify us promptly of any sale agreements, contract exchanges, or completion of the Property sale.

• Joint and several liability applies if multiple persons sign this Agreement.
• Outstanding amounts beyond 14 days from the completion date will incur interest at 4% above the Barclays Bank PLC base rate from the due date until actual payment.

 

7. FOR SALE BOARD

• You authorize us to erect a For Sale board unless local restrictions apply. Notify us in writing if there are any restrictions.
• You agree not to display another estate agent’s board while ours is displayed. We may remove other agents’ boards without your consent.
• Ensure the board is safe, secure, and preserved for collection once sold or our appointment ends.

8. ACCURATE PROPERTY DESCRIPTIONS

• Ensure all information provided to us is correct to comply with the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and Business Protection from Misleading Marketing Regulations 2008 (BPRs).
• Inform us of any changes affecting the accuracy of property descriptions immediately.
• We will verify that sale particulars contain required information and are factually correct before marketing.

9. ENERGY PERFORMANCE CERTIFICATE (EPC)

• An EPC must be available before marketing. If not available, you need to obtain one unless exempt. We can assist in obtaining an EPC.

10. APPOINTMENTS AND PERSONAL SAFETY

• We will inform you of any viewing appointments. Inform us if contacted directly by a potential buyer introduced by us, and do not allow access without our arrangement.

11. DISCLOSURE OF PERSONAL INTEREST

• The Estate Agents Act 1979 requires disclosure if you or a relative is associated with Tom Donnelly Estates Ltd. You confirm to us any such relationships.

12. CLIENT MONIES AND OTHER MONIES RECEIVED

• We do not hold client monies or collect deposits. We may earn commissions or referral fees for services recommended to you, which will be disclosed.

13. COMPLAINTS PROCEDURE

• If dissatisfied with our service, contact us at hello@donnellyandco.uk. Complaints are acknowledged within 3 working days and a full investigation completed within 14 working days. Our complaints procedure is available on our website www.donnellyandco.uk.

14. THE PROPERTY OMBUDSMAN

• We are members of The Property Ombudsman Service and abide by its Code of Practice. You can refer unresolved complaints to the Ombudsman within 12 months of our final written outcome.

15. MONEY LAUNDERING

• We must verify your identity and right to sell the Property under the Money Laundering Regulations 2017 using electronic verification or alternative methods if necessary.
• We will also verify the buyer’s identity before exchanging contracts. Provide buyer details for us to fulfill this obligation.

16. DATA PROTECTION

• We collect and use your information in line with our Privacy Policy, complying with the Data Protection Act 2018 and the General Data Protection Regulation.
• Inform us if you do not wish your information or property details to be used for marketing after a sale.

17. TERMINATION

• We may terminate the Agreement immediately if you provide or fail to provide instructions leading to legal breaches, fail to meet KYC requirements, or discriminate against our employees or representatives.
• You may terminate the Agreement with one week’s written notice, except during the exclusivity period if appointed as sole agents. You have statutory rights to terminate within 14 days as detailed in the Schedule.

CONTRACT TERMS

18. LIMITATION OF LIABILITY

• We do not limit liability for death, personal injury caused by our negligence, fraud, or breaches of the Supply of Goods and Services Act 1982.
• We are not liable for indirect or consequential losses, including loss of revenue, profits, savings, goodwill, use, contracts, reputation, or data damage.
• We are not responsible for maintenance, repairs, or damage to an unoccupied property unless agreed in writing.
• We are not liable for damage or loss from placing or erecting the ‘For Sale’ board, or damage by prospective buyers visiting the Property.
• Our liability is limited to the higher of the service fee paid or £1,000.
• You are responsible for the safety of prospective buyers visiting your property.
• We do not guarantee viewing requests, offers, or sale completion. We are not liable if the property does not sell or does not sell on expected terms.

 

19. GENERAL

• No third-party rights under this contract except as stated.
• Agreement variations are valid only if confirmed in writing and signed by an authorized Tom Donnelly Estates LTD signatory.
• We may assign rights and obligations without affecting your rights, including assigning commission rights.
• We may sub-instruct additional agents at no extra cost unless agreed otherwise.
• We are not liable for third-party actions unless due to our negligence, breach of contract, or omissions.

20. NOTICES

• Notices or documents delivered by hand by 5 pm are deemed delivered the next working day.
• Registered or recorded delivery post is deemed delivered upon proof of delivery.
• First-class post is deemed delivered two working days later.
• Service addresses are specified in the Particulars.

21. LAW AND JURISDICTION

• The Agreement is governed by English and Welsh law. Disputes are subject to the exclusive jurisdiction of English courts.
• For properties in Scotland, the Agreement is governed by English and Welsh law, with disputes subject to the jurisdiction of Scottish courts.

22. LIABILITY AND INSTRUCTIONS

By signing this Agreement, you agree to:

• Be personally liable for all fees specified.
• Accept all terms in the Agreement.
• Inform us immediately if sales particulars become incorrect.
• Authorize your solicitor to forward necessary information to us.

SCHEDULE: NOTICE OF THE RIGHT TO CANCEL

• You can cancel the Agreement within 14 calendar days if entered into outside our business premises.
• If services start within the cancellation period and you cancel, you will pay for services provided up to cancellation.There will be no refund for services deemed fully provided, such as upfront costs. 
• To cancel, send notice by post or email to Tom Donnelly Estates LTD, Building 18, Gateway 1000 Whittle Way, Arlington Business Park, Stevenage, Hertfordshire, England, SG1 2FP, or hello@donnellyandco.uk.
• The cancellation notice is effective once posted or sent.

CANCELLATION OF CONTRACT FORM

(Complete and return only if you wish to cancel the contract)

To: Donnelly & Co trading as Tom Donnelly Estates LTD.

I/We [delete as appropriate] give notice that I/we [delete as appropriate] wish to cancel my/our [delete as appropriate] contract to sell our property.

Signed:

Date:

(Print Full Names):

Address of Property for Sale:

Seller’s contact address (if different):