General Terms & Conditions
Terms of business for Clarke Residential estate agency services.
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.
