Following our recent conversation, we are delighted you want to instruct us to secure a buyer for your Property.

The key agreements to note are:

• Sole selling rights for 28 days – meaning we are the only company marketing the Property in this period
• Listing on major property sites – with Rightmove, Zoopla and other relevant property portals we reach the widest possible range of buyers
• Marketing to our buyer database – we promote your Property to our network of over 12,000 buyers
• A quick sale – our buyers can complete quickly, being mostly chain-free with funding already in place and available
• Zero cost to you – we are a fee free service, and never charge you for your sale. All fees & disbursements are paid by the buyer .
• No lengthy tie-in – we only ask for 28 days to find you a buyer, and if for any reason you are not happy with our service, you can provide written notice and your property will be removed from all marketing channels within fourteen days with no cancellation charges or penalty fees.

The seller confirms that:

• The Seller is the owner of the Property for sale.
• The Seller is not aware of any prospective purchasers of the Property who have expressed an interest in buying the property.

Contract Conditions

The Seller acknowledges that the terms detailed in all pages shall have the meanings set respectively. The Seller warrants that the Seller has authority to enter into this Contract and that the information provided is accurate. The Seller instructs PROPERTY TRADER, hereinafter known as PROPERTY TRADER to market the property for sale.

SOLE AGENCY: The Seller agrees that PROPERTY TRADER act as Sole Agent for a minimum term of 28 days from the date of this agreement.

ESTIMATED VALUE AND PROPERTY DETAILS: The Estimated Value does not represent a formal valuation of the Property and may change during the period of this contract. Such change of the Estimated Value shall not affect the terms of this contract whether as to the calculation of Agreed Fee or otherwise. PROPERTY TRADER has not carried out a structural examination of the Property and has assumed that there are no defects. Under the terms of the Property Mis-descriptions Act 1991 it is essential that all information incorporated in the particulars of sale is factually accurate. The Seller is therefore required to check and confirm the accuracy of any particulars prepared by PROPERTY TRADER.

HOME REPORTS: PROPERTY TRADER will not begin marketing until a valid Home Report is in its possession. It is the Seller’s responsibility to ensure that PROPERTY TRADER are given all the necessary powers in respect of the Home Report to meet their obligations under The Housing (Scotland) Act 2006 as modified. PROPERTY TRADER shall not be obliged to provide hard copies of Home Reports. In the event that PROPERTY TRADER are required by the Seller to use a Home Report that has been supplied by a Third Party, PROPERTY TRADER may at their discretion submit the Home Report for validation. In the event that PROPERTY TRADER pay for a home report on the seller’s behalf it is agreed that this sum and any additional costs will be reimbursed by the seller to PROPERTY TRADER.

SUB-INSTRUCTION: The Seller agrees that PROPERTY TRADER have the right to sub-instruct other agencies to assist with the marketing of the property at no additional cost. PROPERTY TRADER will coordinate all viewings/negotiations arising from such sub-instruction.

DISCLOSURE OF OFFERS: PROPERTY TRADER require details of any offer agreed either privately or via another agent. The Seller must confirm to PROPERTY TRADER the full name of the purchaser prior to exchange of contracts. Any offer where the buyer has proven able to purchase the property, has proof of funds and can discharge all associated fees and disbursements relative to the purchase will forward promptly to the Seller.

MARKETING: The seller accepts that PROPERTY TRADER have the right to produce details and include information on any property on their or any other website or publication and to instruct other agencies to do the same so as to assist in the marketing of the property. PROPERTY TRADER retains the right to use any of its photographs of the Property for its own future marketing purpose even if those purposes are unconnected with the sale of the property.

The seller authorises PROPERTY TRADER to sell this property by “conditional auction”. If the property is sold in a conditional auction or online auction or pre or post auction, no deposit will be collected from the successful bidder, an auction fee will be paid by the buyer and a standard offer will be provided to the seller by the buyer’s solicitor.

PAYMENT OF PROFESSIONAL FEES: In the event that fees or outlays are due an invoice will be submitted to your solicitor for payment and as per the terms of this contract you will be required to authorise your solicitor by mandate to settle the account for our charges from the proceeds of sale. In the event that you terminate this agreement prior to any sale by signing this contract you agree to pay us our charges relating to the brochure fee, administration fee, any accompanied viewings and press advertising undertaken on your behalf. The Seller will pay to PROPERTY TRADER, any fees due if at anytime an offer which is accepted either verbally or in writing by the seller is agreed from a a purchaser who was introduced by PROPERTY TRADER during the period of PROPERTY TRADER Sole Agency or with whom PROPERTY TRADER had negotiations about the Property during that period, or with a purchaser introduced by another agent during that time.

Payment must be made within seven days of any such invoice. We reserve the right to charge interest on any sum outstanding for more than 28 days and 5% over the base rate of the Royal Bank of Scotland plc from the date payment is due until payment is received in full.

VACANT PROPERTY: We do not accept any responsibility for the maintenance, repair, insurance or damage to a property whilst it is vacant. The property remains your responsibility and it is your responsibility to ensure arrangements are made in respect of these factors.

SALES PARTICULARS: The Property Misdescriptions Act 1991 makes it a criminal offence to give false and misleading information about a property in matters relating to its sale or disposal. Draft particulars will be sent to you for verification and approval – your assistance is essential to ensure that any information we provide is factually accurate in every respect. If you are in any doubt about any information relating to title, property description, planning items included in the sale of any other matters you must tell us. We strongly recommend that in the event that there are any such issues or areas of concern that these are referred to your legal representative.

DUAL FEE LIABILITY: If another agent is instructed to act for the Seller now or in the future, the Seller may become liable to pay for their fee as well as the Agreed Fee and Disbursements due to PROPERTY TRADER. Therefore the Seller should consult any terms of business entered into with the other agents.

MEANING OF INTRODUCTION: An introduction of a purchaser to the property merely requires the marketing of the Property for sale to have been brought to the purchaser’s attention, whether by advertising or by providing sales particulars or otherwise. An introduction of a purchaser to the Property shall include not only a direct introduction of a purchaser to the Property by PROPERTY TRADER but also an indirect introduction. An indirect introduction will arise if a third party is introduced to the Property by PROPERTY TRADER and that third party introduces the purchaser to the property. If a purchaser of the Property is a company, then the purchaser will be deemed to BE a relevant person is anyone who is in control of or is a director or shareholder or beneficial owner or employee of the purchaser company.

SALE PRICE: The sale price is the price at which the purchaser contracts to purchase the property including any amount the purchaser agrees to pay for fixtures, fittings, goods, chattels, carpets, curtains and other such related items. In the event of a part exchange, the sale price will be deemed to be the full amount of the Estimated Value. In the event that the Property is owned by a company and there is a sale of shares in the company then that sale shall be treated for the purposes if this Contract and for the purposes of liability to PROPERTY TRADER for the Agreed Fee as if it were a sale of the Property. Save that Sale Price shall be deemed to be the Estimated Value.

TERMINATION OF AGREEMENT: This agreement many only be terminated after the initial 28 day minimum term by 14 days written notice intimated by recorded delivery mail. Termination or withdrawal of the property from the market prior to this shall hold the seller liable of a termination fee as well as any other costs incurred on behalf of the seller – including but not limited to home report costs and legal fees. In the event that an offer for the Property is received or proposed prior to the Withdrawal Instruction PROPERTY TRADER shall be entitled to render a fee to the Seller for costs and disbursements. Should the property be purchased by any party introduced by PROPERTY TRADER within twelve months of withdrawal instruction being received the seller shall pay to PROPERTY TRADER the standard reservation fee applicable at the time

OTHER SERVICES: PROPERTY TRADER may offer, whether directly or via third parties, additional services to clients including prospective purchaser from which PROPERTY TRADER may earn a fee. These services include the sale or rental of the Property or another property, arranging financial services from third parties, lettings and property management, valuation or surveys, removals, buildings maintenance and solicitor referral.

CONNECTED PERSONS: In pursuance of Section 21 of the Estate Agents Act 1979, unless specifically stated, PROPERTY TRADER are not aware of any personal interest existing between PROPERTY TRADER or anyone in PROPERTY TRADER employment or any connected persons and the Seller. If the Seller is or becomes aware of such an interest, then PROPERTY TRADER should be notified immediately.

LIMITATION OF LIABILITY: Nothing in this contract shall exclude or in any way limit PROPERTY TRADER’ liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law. Subject to this, PROPERTY TRADER’ maximum aggregate liability under or in connection with this contract, delict, breach of fiduciary or other duty, or otherwise will in no circumstances exceed £10,000. The Seller consents to PROPERTY TRADER passing the Seller’s personal data to the Seller’s Solicitor or for any other purpose provided by Law.

SEVERANCE: If any provision of this contract is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then such invalidity or unenforceability shall not affect the other provisions of the Contract which shall remain in full force and effect.

ENTIRE AGREEMENT: This contract constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Contract. The parties agree that neither of them have been induced to enter into this Contract in reliance upon any warranty, representation, statement, agreement, or undertaking of any kind (whether negligently or innocently made) of any person other than as expressly set out in this Contract. Nothing in this clause shall however, operate to limit or exclude any liability for fraud. No variation of this Contract shall be valid unless it is in writing and signed by or on behalf of each of the parties.

SCOTTISH LAW: This contract is governed by the law of Scotland and is subject to the non-exclusive jurisdiction of the Scottish Courts.

COMPLAINTS PROCEDURE: Should the Seller be unhappy with the service received and are unable to resolve with the Manager, the Seller should contact Property Trader – info@propertytrader.co.uk outlining the nature of the complaint.

REDRESS SCHEME: We are members of The Property Ombudsman and as such we subscribe to the Code of Practice for Sales, for more information visit https://www.tpos.co.uk/.