Terms of Service

INSTRUCTIONS

1. These conditions of business set out the working relationship and terms of agreement between us, Ennova Estate Agents and you, our client. By instructing us you agree to accept these terms and that they remain in force unless or until we mutually agree otherwise.

2. As your Agents, we can only act on information and instructions given to us. You should not assume that we have knowledge of any factual matters. You can instruct us either verbally or in writing, although we may ask you to confirm verbal instructions to us. If we are acting for more than one person we may take instructions from one person on behalf of the others and all will be fully liable for any actions taken or fees incurred. If there is any change in your instructions, you must notify us immediately. Whenever possible we will use email when we are writing to you.

3. Your business will be handled By Caroline Miller or a representative of the Ennova Estate Agent’s team. She can be contacted during the office opening hours (Monday – Friday 9am – 5pm). If you have any difficulty in making contact, then you should leave a message with her Assistant who will pass it to her for action. We will advise you at regular intervals regarding the progress of your work and keep you informed of all significant developments. If you are uncertain about what is happening at any time, please ask.

CHARGES

1. All fees and outlays are due to be paid on the Date of Entry and will be deducted from the sale proceeds by your Solicitor and transferred to Ennova Estate Agents as previously agreed by mandate. In the event that there is an outstanding sum due by you on fees and outlays the Firm, at their sole discretion, reserve the right to charge interest at 1% per month (APR 12.68%) compound at monthly stops on any debit balance.

2. Our fees are negotiated and agreed in advance. If the transaction involves a major increase in the amount of work or suddenly acquires some new complexity then we reserve the right to charge an additional fee, that would be agreed in advance, of the additional charge.

3. An outline of all fees will be explained to you at our initial appointment and then subsequently emailed to you along with the Terms of Engagement.

4. Along with our fee, we will issue a statement detailing financial dealings on your behalf. This will include outlays which may have been incurred. Where outlays have been incurred, we will require repayment of them within seven days.

5. We may require you to settle accounts and repay outlays during the course of transactions. In such a case, interim statements or fees will be issued. Large outlays will require to be paid to us before they are due to be paid out by us.

6. Where a transaction does not complete for whatever reason we reserve the right to charge for any outlays incurred. This does not include the estate agency fee, however if you sell your property within a 6 month period to a party introduced by us then you will be liable for payment of the estate agency fee.

GENERAL

1. Our aim is to provide an efficient service, but if you are unhappy about any aspect, then please discuss your concerns in the first instance with the person dealing with you. However, if that would cause you difficulty or embarrassment please speak to our Client Relations Officer John Cumming and Caroline Miller. If the matter cannot be resolved then you are always entitled to refer it to The Property Ombudsman of which we are a member.

2. Information provided to us will be dealt with in confidence and will only be disclosed to parties authorised by you or as required by the Property Ombudsman or any other authorised body.

3. For the avoidance of doubt, we do not hold ourselves out as offering any specific advice in relation to taxation issues and specialist advice should be taken. The exception to this is Land and Buildings Transaction Tax (LBTT).

4. Any files that we may hold relating to your transaction(s) will be destroyed 10 years after the completion of the matter(s). Files may be held in electronic format.

5. We occasionally receive commission from other organisations when we purchase services on your behalf. These payments will be retained by us.

MONEY LAUNDERING

We are required to comply with Money Laundering Regulations and we will carry out identity checks on all new clients. We cannot act for you without being satisfied on these issues. We will not accept any payments in excess of £1500 in cash to this firm as this will have adverse safety and insurance implications for us.

POINTS TO NOTE

1. The Estimate shows V.A.T. If the Government should vary this duty during the course of the transaction, the increase will be passed on to you.

2. In addition to the above, you may have to provide for payments to other parties, e.g. to the surveyor for the home report

3. You are responsible for all legal fees and outlays in connection to your property sale. These are in additional to Ennova’s estate agency fees.

4. The proposed fee is based on the home report valuation. If a sale price is higher/lower than the valuation this will result in a variation in the fees. As the estate agency fee is a percentage of the figure achieved.

5. If you decide not to sell your property after it has been marketed by us there will be no Estate agency fee payable. However, if a reasonable sale price has been achieved throughout the sale and marketing process then all marketing and advertising costs stated on your contract will be payable as will the agency fee.

6. If you sell the property within six months of withdrawing it from the market to a party who viewed it whilst advertised by Ennova Estate Agents, we reserve the right to charge the estate agency fee quoted.

7. Where you accept an offer on your property and subsequently decide to withdraw from the missives of sale we reserve the right to charge the full Estate Agency fee quoted together with any VAT and outlays incurred.