1. Authority to Act
- By instructing Clarke Residential, you confirm that you are the legal owner(s) of the property or have the authority to act on behalf of the legal owner(s).
2. For Sale Boards
- We will erect a “For Sale” board at the property unless instructed otherwise in writing.
- All boards will comply with the Town and Country Planning (Control of Advertisements) Regulations 2007.
- We accept liability for any claims arising under these regulations in connection with the board.
3. Marketing and Advertising
- We will market the property using various channels, including online portals, social media, and print media, as deemed appropriate.
- All marketing materials will be accurate and not misleading, in compliance with the Consumer Protection from Unfair Trading Regulations 2008.
- You will be provided with draft property details for approval before publication.
4. Viewings and Access
- We will arrange and conduct viewings as per your instructions.
- You agree to provide access to the property for viewings at mutually agreed times.
- We will record all viewings and provide feedback within a reasonable timeframe.
5. Property Condition and Liability
- You are responsible for ensuring the property is safe and in a suitable condition for viewings.
- Clarke Residential accepts no liability for loss or damage to the property or its contents during viewings unless caused by our negligence.
6. Energy Performance Certificate (EPC)
- An EPC is required before marketing can commence.
- If you do not have a valid EPC, we can commission one on your behalf, with your consent, and the cost will be payable by you.
7. Fees and Commission
- Our fees are payable upon exchange of contracts, unless otherwise agreed in writing.
- If a sale is agreed with a buyer introduced by Clarke Residential, our fee remains payable even if the sale completes after the termination of our agreement.
8. Termination
- You may terminate our services by providing 14 days’ written notice.
- We reserve the right to terminate our services with immediate effect if you breach any terms of this agreement.
9. Data Protection
- We will handle your personal data in accordance with the Data Protection Act 2018 and our Privacy Policy.
10. Complaints Procedure
- Clarke Residential is a member of The Property Ombudsman (TPO) scheme.
- If you have a complaint, please follow our internal complaints procedure. If unresolved, you may refer the matter to the TPO.
11. Anti-Money Laundering (AML) Compliance
- We are registered with HM Revenue & Customs for AML supervision.
- You agree to provide necessary identification and proof of address documents to comply with AML regulations.
12. Limitation of Liability
- Clarke Residential shall not be liable for any indirect or consequential losses arising from our services.
- Our total liability shall not exceed the amount of fees paid by you for our services.
Note: These terms and conditions are subject to change. The latest version will be available upon request or on our website.