Terms and Conditions - 152 Campden Hill Road
Terms and Conditions - 152 Campden Hill Road
Terms and Conditions - 152 Campden Hill Road
SALES INSTRUCTIONS
& TERMS OF BUSINESS
CONFIRMATION OF INSTRUCTION
Thank you for instructing Wilde Property Ltd to act on your behalf as sole selling agent in the sale of
your house at -
_____________________________________________________________
1. THE ASKING PRICE As agreed, Wilde Property Ltd will quote an asking price of £2,550,000 subject to
contract, for the freehold interest in your house.
2. MARKETING: Unless expressly agreed in writing, we will conduct a full open-market sales process
starting immediately using all the marketing options open to the sole agents and utilising the extensive
network and portal access of The London Broker platform. This enables us to launch the details of your
property onto all the leading portals of Rightmove, Prime Location, On The Market and Zoopla.
3. POTENTIAL BUYERS: We will be using our extensive years of agency experience and contacts to
ensure that your property is given the best possible exposure to find a buyer at the highest possible
price. As well as the marketing that we will be undertaking, we will be contacting buying agents handling
clients looking for properties like yours. We will also be contacting other appropriate professional
lawyers, private bankers, family offices that may lead us to finding relevant prospective buyers, letting
them know of the sale. In the instance we will also be encouraging sub-agents to introduce their
buyers, to ensure that there is a collaborative approach to finding a buyer for you at the best possible
price.
4. SALES BOARDS: Usually, wherever possible, we like to place a For Sale Board notifying passers-by of
the sale. This is an excellent way of ensuring motivated buyers are aware of the sale and can contact us
directly.
5. ADVERTISING: In the open market approach, we will look to place advertising in appropriate
magazines if we feel it will enhance the sales process.
6. BROCHURE: We will create a full pdf brochure, with an accurate floorplan, photographs, an EPC and
details of key benefits of the house, grounds and local area to create a document that accurately
provides evidence of the best benefits of your house. Where appropriate, we may suggest using a
Matterport 3D viewing tool to use enhanced technology to show the volume of the property and the
layout more accurately. This is particularly valuable for homes that have an unusual layout and
extraordinary volume that is harder to understand or appreciate in a floorplan and where initial viewings
are more restrictive for buyers who are based abroad, in particular.
7. UNOCCUPIED PREMISES: The Agent accepts no liability or responsibility for the maintenance or repair
of, or for any damage to, the property at any time. If the property is vacant when adverse weather
conditions are likely, frost damage may occur to water and heating systems and sanitary appliances. The
Agent recommends you take all necessary action to protect the property from such risks and to ensure
that the property has adequate insurance cover.
8. ACCESS TO PREMISES: Ideally, we would look to hold a set of keys for viewing purposes. This will
enable viewings to take place at times that are convenient for buyers. We will give as much notice as
possible of any viewings that will take place. In the meantime, we will liaise.
9. VIEWINGS & FEEDBACK: We will accompany all prospective buyers. We will provide you with regular
feedback after viewings, or as often as you feel appropriate, to give you a clear idea of how your
property is perceived in the marketplace.
10. OFFERS: We will promptly and accurately forward all offers received from potential Buyers to the
Vendor (or Vendor’s agents) at any time up until contracts have been exchanged. In view of section 13
below, any offers introduced via a sub agent will be noted when reported to you.
11. COMMUNICATION: Often in a sale, one of the main areas of difficulty that Clients face is a lack of
communication from their agent. We will communicate with you as frequently as you wish us to. If you
would like to set up a WhatsApp group to liaise then this can also be created.
12. LEGAL MATTERS: We strongly recommend the Vendor instructs a solicitor experienced in
conveyancing to prepare a draft contract and other relevant documentation, so that they are available
immediately once a suitable buyer has been found and an offer accepted. We have discussed this, and I
can introduce you to a number of lawyers so you can work out who you wish to handle the conveyance
for you.
Before the sale begins, the law requires us to fulfil certain obligations: We are required to have an
Energy Performance Certificate (EPC) and to display the property’s rating on all promotional materials,
including advertising (online and print). Under Money Laundering Regulations, the Agent is obliged to
carry out due diligence on the beneficial owner of a property, for which we will need your full address,
including postcode, and your date of birth. We discussed ensuring we had aa copy of your passport and
a recent utility bill in hand. Documents must be certified by a notary public, solicitor, accountant or
representative of an FCA or EU regulated organisation. Consumer Protection Regulations set out rules as
to how the Agent describes your property. The Agent will ensure all sale particulars and marketing
material conform to the legislation.
Notice of right to cancel / Express request to perform services within the first 14 days, if you instruct
the Agent by agreeing to our terms of business away from our offices then, under the terms of the
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the
right to cancel your instructions without any cost to you within 14 calendar days of the date you on
which you enter into our agreement (the "Cancellation Period").
A) To exercise your right to cancel, you must inform the Agent in writing of your decision to cancel our
Agreement. This may be done by letter, sent by post, fax or email using the form attached.
B) To provide effective cancellation, the Vendor will need to send your notice to us before the
Cancellation Period has expired.
However, if the Vendor expressly require the Agent to begin work during the Cancellation Period, and
the Vendor subsequently decide to cancel the Agent’s instructions, the Vendor will be responsible for
reimbursing the Agent for any costs they may have incurred on your behalf, such as the costs of
producing a floorplan, EPC, photographs or other promotional materials.
A) Commission: In accordance with the Estate Agents’ Act 1979, we confirm we will act on the Vendor’s
behalf in the sale of your home with sole selling rights as defined in the attached terms of business.
As your sole selling agent, where Wilde Property ltd introduces a buyer directly, our rate of commission
is calculated as a percentage of the exchange sale price based on a rate calculated as agreed as follows –
1.5% plus VAT of the eventual sale price for a buyer introduced directly by Wilde Property Ltd.
2.00% plus VAT of the eventual sale price for a buyer introduced via a sub-agent and Wilde Property Ltd
Commission becomes due on exchange but payable on the date of completion of the sale. Unless
instructed to the contrary, Wilde Property will send the invoice to your solicitor in advance of
completion for payment out of the completion monies. Wilde Property will settle any sub-agent fee
share directly once paid on completion from the overall fee received.
B) Marketing charges: In this instance and as a sign of our commitment to the sale, we will bear these
costs on your behalf.
Our terms of business are attached below – please can you initial each page of this instruction letter and
adjoining terms, then sign appropriately on page 9, date and return one full copy (by email attachment
or in the post). Also, please send a copy of your passport and a utility bill with your name on it as proof
of residence from within the last three months, so that we can conduct the legal requirements
surrounding anti-money laundering legislation.
Thank you again for the kind instructions and we look forward to working with you to achieve a timely
and successful outcome.
Kind regards
Nathaniel Wilde
The following terms of business should be read in conjunction with our confirmation of instructions and,
except as varied in that document, are the terms of business of The London Broker. In these terms of
business, the following expressions have the meaning stated:
i) The London Broker Limited means The London Broker, a limited company registered in England and
Wales (with registered number 10420699). Wilde Property London Limited (with registered number
14762487) is a member of The London Broker registered in England and Wales or Sole Trader, trading as
The London Broker. The words “we” and “our” shall be construed accordingly;
ii) “Client” or “Company” means the addressee of the covering letter to the confirmation of instructions
document forming part of these terms of business. The words “you” and “your” shall be construed
accordingly.
iii) “Sale” means a transaction in which the ownership of the property is transferred or assigned. Where
the property (and any related furniture, fixtures and fittings) is owned in part or in full by a company or
other legal entity (including, for the avoidance of doubt, a “special purpose vehicle‟) this includes the
complete or partial transfer of ownership of that company or legal entity even where ownership of the
property itself may remain with the company.”
1. The London Broker will act as Agents in the sale of the freehold or leasehold interest of the
property for the period set out in the confirmation of instructions document and thereafter until
The London Broker’s instructions are terminated by either party in accordance with these terms
as signed by the Vendor and the Agent. In the event of any ambiguity or conflict between the
confirmation of instructions document and these terms of business, the terms of confirmation
of instructions document shall prevail. By providing instructions to The London Broker to act,
you become The London Broker’s Client and are jointly and severally liable to pay The London
Broker’s fees and expenses, notwithstanding that individually you may not be the owner or sole
owner of the property. Further, you confirm that you are able and have the authority to give The
London Broker instructions to act in respect of this instruction and that performance of this
contract commence immediately from the date of this agreement.
2. Events which give rise to commission being payable Under the Estate Agents Act 1979 and the
Estate Agent (Provision of Information) Regulations 1991 (“the Regulations”) made under it, The
London Broker is required to set out an explanation of “Sole Selling rights” and other terms
having a similar effect, which are explained below. Commission will be earned by The London
Broker and become owing by you upon the fulfilment of one of the following conditions:
SOLE SELLING RIGHTS: During the agreed marketing period, you will be liable to pay remuneration to
Wilde Property Limited (empowered by The London Broker), 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/grant of lease are exchanged in
the period during which The London Broker has sole selling rights, even if the
purchaser/tenant was not found by The London Broker but by another agent or by any
other person, including yourself
ii) if unconditional contracts for the sale of the property/grant of lease are exchanged after
the expiry of the period during which The London Broker has sole selling rights but to a
purchaser/tenant who was introduced to you during that period by any person or with
whom The London Broker or any sub-agent had negotiations about the property during
that period, or who received particulars of the property from The London Broker or any
sub-agent during that period.
CREATION OF A TENANCY:
Where the Agent introduces the Vendor to a potential purchaser who then rents the property from you
instead, commission will be payable when the letting commences and will be the sum of 10% of the
annual rent payable. However, if that same party then purchases the property, you shall be liable to pay
us our commission fee as originally quoted in the confirmation of instructions document, minus the fee
paid for over the rental term.
Indirect Introduction: An introduction of a ready, willing and able purchaser or a tenant may be
indirect: for example, where the party who exchanges contracts for the purchase of the property is an
associate, relative or representative of the person The London Broker has introduced. An introduction
by The London Broker will also be deemed to have occurred where a ready, willing and able purchaser is
found as a result of any marketing activity generated by The London Broker including publication of any
details of the property on The London Broker’s website or any other sites where The London Broker’s
properties are listed. A person or entity which has exchanged contracts is a purchaser whether or not
he/it completes the purchase; in the case of a conditional contract, an unconditional contract will be
deemed to have been exchanged on the date of the satisfaction of the last condition or, if earlier, on the
date of the completion of the transaction notwithstanding any conditions which remain to be satisfied. If
any matter proceeds straight to completion, this is to be treated as exchange of unconditional contracts.
PERSONAL INTEREST: The Estate Agents Act 1979 requires the Agent to disclose to any prospective
buyer any business or family relationship which the Vendor may have with the Agent, employees of the
Agent or any associated company. The Vendor must indicate below whether you they aware of any such
relationship or association.
SUB AGENT: The Agent may appoint other selected agents to act as sub agent.
COMMISSIONS:
Commission becomes due and payable upon completion (or if a failed completion, the date on
which completion had been due to take place) and will be the percentage specified in the
confirmation of instructions document on the total of the gross sale price at which contracts are
exchanged for the sale of the property and any related furniture, fittings and fixtures, together
with VAT in addition, wherever you are domiciled. The London Broker reserves the right to
charge interest on any amount unpaid from such due date until the date of actual payment at
the rate of 4% per annum above Barclays Bank Plc’s base rate from time to time.
Offer of other services to purchasers: The Agent may offer the following services to prospective
purchasers and similarly the services may be offered to them by another organisation in
circumstances where we may benefit financially: financial services including mortgages,
insurance pensions, property letting and management services, building construction;
refurbishment and maintenance services and the sale of the prospective purchaser’s property.
Termination and assignment: Either party may terminate our instructions at any time by giving
notice in writing. The provisions of clauses describing with withdrawing from a sale and the
‘selling rights’ as agreed at the commencement of the agreement shall survive termination of
the agreement between us. Upon termination, all unpaid fees, costs and disbursements due to
The London Broker must be paid immediately. The London Broker will remain entitled to any
commission earned arising out of paragraph the ‘selling rights’ as agreed on signing this
agreement. There may be no assignment of either party’s rights under the agreement without
the prior written consent of the other.
If the Vendor requires the Agent to commence providing services within the 14-day cancellation
period mentioned above, please confirm as such by ticking the following box, in which case:
(a) if the Vendor has made any payment in advance for services that have not been provided,
the Agent will refund these amounts to the Vendor; and
(b) if the Vendor cancels this agreement and the Agent has already started providing services
until communication of the notice of cancellation of this agreement to us, the Vendor will pay
any costs reasonably incurred in providing the services, and this charge will be deducted from
any refund that is due to the Vendor or, if no refund is due, invoiced to the Vendor.
the Vendor would like you to proceed with marketing the Property for sale
before the expiry of the 14-day cancellation period.
in any original material including but not limited to all brochures, photographs and other promotional
materials produced by the Agent for the Vendor shall remain vested in the Agent. The Agent accepts no
liability to any third party to whom or which you may disclose our advice or purport to transfer the
benefit of any services supplied by us or to whom or which you may show any document, drawing, plan,
model or report produced by us for you.
Nothing in this clause shall operate so as to exclude or limit either party’s liability for death OR personal
injury resulting from its negligence or fraud and fraudulent misrepresentation. However, then Agent
shall not be liable for any direct, indirect or consequential loss of damage suffered by the Vendor or any
third party howsoever caused; as a result of any negligence, breach of contract or otherwise in excess of
the sum insured for each claim under the professional indemnity insurance policy held by the Agent in
the insurance year in which the Vendor’s claim is first notified. Details of such indemnity insurance
policy can be made available to the Vendor by the Agent upon written request.
A) Nothing in these Terms and Conditions shall exclude or limit the liability of the Agent for death
or personal injury, fraud or fraudulent misrepresentation, however the Agent shall not be liable
for any direct, indirect or consequential loss or damage suffered by the Vendor or any third
party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess
of the sum insured for each claim under the professional indemnity insurance policy held by the
Agent in the insurance year in which the Vendor’s claim is first notified. Details of such
indemnity insurance policy can be made available to the Vendor by the Agent upon written
request.
B) The Vendor shall indemnify the Agent against all claims, costs and expenses which the Agent
may incur and which arise directly or indirectly from the Vendor’s breach of any of its
obligations under these Terms and Conditions.
MONEY LAUNDERING
A) The Agent is required under the Money Laundering Regulations 2007 to identify the Vendor and
to verify the Vendor’s identity on the basis of documents evidencing identity and proof of
address. This requirement is absolute. The Vendor is required to provide the originals of either
the Vendor’s Passport or Driving Licence, and of a utility bill or bank statement indicating your
current address and which is not more than three months old.
B) Under the Proceeds of Crime Act 2002 and/or the Money Laundering Regulations 2007 the
Agent may be required to make a disclosure for the appropriate government department and
may be unable to advise the Vendor immediately of such disclosure subject to compliance with
such regulations at all times. By agreeing to these Terms, the Vendor agrees to the Agent taking
such steps as it is required to do in order to comply with such regulations.
DISCRIMINATION
The Agent will not discriminate against persons under the definitions given in the Equality Act 2010
Giving any false or misleading information when describing a property is a criminal offence under the
Consumer Protection from Unfair Trading Regulations 2008 for which The London Broke may be liable.
The Vendor warrants an on an ongoing basis that all information provided to The London Broker to
assist in the description of any property for the purpose of any marketing material is true and accurate.
COMPLAINTS PROCEDURE
MISCELLANEOUS
The contract between the Vendor and the Agent shall be governed by and construed in accordance with
English Law. None of the terms of this agreement are enforceable under the Contracts (Rights of Third
Parties) Act 1999 by a third party. The Agent may take reasonable action to comply with laws,
regulations, sanctions regimes, guidance, our own policies and procedures and any requirement of any
regulatory, governmental, taxation or law enforcement body relating to the detection and prevention of
money laundering, terrorist financing, tax evasion, fraud, the provision of goods or services to persons
subject to economic or trade sanctions, violations or attempted violations of any law, or any attempt to
conceal, disguise, convert, transfer or otherwise deal with the proceeds of crime. Neither the Agent nor
any of our partners, employees or consultants shall be liable to you or to any third party for any loss
arising in connection with any such action which the Agent may take or any delay or failure in providing
services to the Vendor as a result of our taking any such action. To ensure compliance with the anti-
money laundering legislation the Agent reserves the right to decline cash receipts in excess of £5,000.
The Agent also reserves the right to refuse to pay to any third-party money due to you.
I/we have read and understood these Terms of Business and confirm my/our agreement to you acting
for me/us in the disposal or acquisition of property on these terms and for the amount of commission,
expenses and VAT set out in your confirmation of instructions document, dated 20 July 2023.
**Dated: _____________
If you instruct us by agreeing to our terms of business away from our offices, then under the terms of
the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have
the right to cancel your instructions without any cost to you within 14 calendar days of the date you on
which you enter our agreement by returning a signed copy of our Terms of Business to us (the
"Cancellation Period"). To exercise your right to cancel, you must inform us in writing of your decision to
cancel our agreement. This may be done by letter, post, fax or email. To provide effective cancellation,
you will need to send your notice to us before the Cancellation Period has expired. If you cancel the
agreement within the Cancellation Period, we will reimburse any fees already paid to us (excluding any
third-party costs for which services, such as EPCs, have already been provided). The Agent will make the
reimbursement without undue delay and no later than 14 days after the day on which we are informed
about your decision to cancel our agreement. The Agent will make the reimbursement using the same
means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
No fee will be imposed by us in respect of the reimbursement.
_________________________________________________________________________________
To: Nathaniel Wilde, Wilde Property Ltd, 45 Pont Street, London, SW1X 0BD
Notice of cancellation
I / We hereby give notice that I / We cancel my / our contract for the supply of your services, as detailed
in the instruction letter and terms of business dated 20 July 2023
Address of Client:
Date: ________________
This notice may be completed and returned to Wilde Property Ltd / The London Broker, by post, or
scanned and sent by email to nwilde@wildeproperty.com/nathaniel.wilde@thelondonbroker.com
Under the above 2013 Regulations, you may also expressly request that we begin the performance of
Services during the Cancellation Period. This can be done by signing and returning a copy of the
'Request for services during the cancellation period' notice to us. You may use the template 'Notice of
cancellation' form (below) for this purpose, although that is not obligatory provided you give us clear
written notice of your cancellation. To provide effective cancellation, you will need to send your notice
to us before the Cancellation Period has expired Should you cancel the Agreement after the Cancellation
Period has expired, or after you have expressly requested that we perform the Services during the
Cancellation Period, then you will be liable to pay us an amount which is in proportion to the work that
has been performed until the date you communicate your cancellation of our agreement to us, in
comparison with the full coverage of the Agreement.
_______________________________________________________________________
To: Nathaniel Wilde, Wilde Property Ltd, 45 Pont Street, London, SW1X 0BD
I / We hereby expressly request that Wilde Property Ltd / The London Broker begins the performance of
its services as detailed in the instruction letter and terms of business dated 20 July 2023
Address of Client:
**___________________________________________________________________________________
Date: ________________
This notice may be completed and returned by post, or scanned and sent by email to
nwilde@wildeproperty.com/nathaniel.wilde@thelondonbroker.com