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TERMS & CONDITIONS
Hatters Property Services – Sales Terms and Conditions
It is a requirement under the Estate Agents Act 1979 that you understand and accept our terms and conditions when instructing Hatters Property Services as selling agents for your property. Please read the terms set out below. By selecting and paying for your package you agree to these terms and conditions but If you do wish to question anything about these terms you must contact us in writing, otherwise we will assume that you are happy with them.Commission Fees
Fees are paid in advance to Hatters. All fees are to be paid in accordance with our terms of business. Our marketing fee is £995 with no further fees payable upon completion (apart from any extras that you choose to purchase), If we have to cancel our agent’s visit due to you not wishing to continue your marketing, the fees paid by you will not be refunded.Hatters will be instructed for a maximum term of 6 months. After your 6 months marketing period expires (or when your property is sold / exchanged) your property will be taken off all portals. The 6 months marketing period starts on the day Hatters begin to market your property.
Additional services as listed on the Hatters website.
If you wish to advertise through another agent, it is your responsibility to ensure you are allowed to advertise with us at the same time. If you wish to withdraw your instructions from us we can stop advertising your property but you will not receive any refund.
Your listing is with Hatters and portal partners (which can change without notice). You must comply with certain laws. The Consumer Protection from Unfair Trading Regulations 2008 require you to disclose any information of which you are aware in relation to the property in a clear, intelligible and timely fashion. The Property Misdescriptions Act 1991 requires you to take all reasonable steps to ensure that, all statements that you make about a property, whether oral, pictorial or written, are accurate and are not misleading and where information is given to potential buyers or their representatives, it is accurate and not misleading. Answers to questions about the property must be truthful and not misleading.
Our commission fee of £995 is for listing one property.
We can advise on valuations from the data we have which is pulled in from various sources such as Rightmove, Mouse Price and the Land Registry and takes into account national and regional trends in the housing market, however the price at which you decide to market your property will be solely down to your choice and we cannot guarantee to receive offers matching your asking price although of course we will endeavour to do so..
Prospective buyers requesting a viewing will be directed to automate their viewing. Once a viewing has been arranged, we will send a confirmation email to both the seller and the prospective purchaser confirming the property address, the time of the viewing, both parties and their respective contact details (names and phone numbers). Once confirmation has been sent to both parties, Hatters will have no responsibility if either party does not attend. Viewings are the responsibility of the seller. Hatters can accompany viewings at an extra cost chargeable to the seller.
Once a sale has been agreed, Hatters will prepare and send out a Memorandum of Sale by email or to you and to both sets of solicitors involved and a copy shall also be sent to your prospective purchaser.
Your obligations as the Seller(s).:
(i) The Seller(s) hereby confirm and covenants that they either are the legal and beneficial owner(s) of the property or have the necessary authority, power and capacity to enter into this agreement;
(ii) We reserve the right to carry out identity checks on both buyers and sellers of the properties that we market and may require us to ask you for additional information such as your passport number or driving license number, which you must agree to provide on request.
(Iii) The seller must provide an EPC or order an EPC for their property (and provide proof of their order if not done through us), if they order an EPC and the assessor turns up to carry out the EPC and the seller then advises us they already have an EPC then there will be no refund for their ordered EPC. If you require a commercial EPC for your property there will be an extra charge. Please ask us for a current price.
(iv) The seller shall indemnify Hatters, its proprietors, directors, employees or agents against any claim made in respect of the Property or any misdescription that arises wholly or partly out of the act or default of the seller.
If you select a For Sale board upgrade (at an additional cost) the board will be sent to you for you to erect at your property. Hatters cannot accept any responsibility for any damage or loss suffered as a result of the For Sale board. The board will belong to you and you can take it with you and re-use it for your next sale if you so wish. In order to meet the requirements of The Town & County Planning Regulations, which permit the display of only one For Sale board per property, we request that whilst a Hatters For Sale board is displayed, no other boards are erected. We cannot accept responsibility for any For Sale board being lost or stolen once delivery has taken place. If your board relates to part of a building in multiple occupation, it should indicate the part of the building to which it relates.
Hatters cannot accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been agreed.
An Energy Performance Certificate must be produced or at least ordered prior to marketing your property. Hatters will market your home as soon as the EPC or proof of order is available in full. If we provide your EPC then the fee for doing so is non refundable once the home visit has taken place and the Certificate prepared. This includes commercial EPCs
We hope that we will deliver a professional service but in the event that you become dis-satisfied then complaints should be made in writing and will be dealt with swiftly and professionally.
