Pursuant to the Estate Agents Act 1979 it is a requirement that you understand and accept our terms and conditions when instructing Cornish Bricks LTD as selling agents for your property. Please read the terms set out below. By ticking on the acceptance box and making payment 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.
The Website is owned and managed by Cornish Bricks LTD, a company registered in England and Wales with the company registration number 9618707 and having its registered address at 22 Pydar Street, Truro, TR1 2AY.
Definitions Within this agreement the following words of phrases shall, unless the context otherwise requires, have the following meanings:
“Property” The property address for which you have instructed us to sell as stated at the end of this agreement under the term “Selling address”
“Sale Price” The price agreed with your buyer for the sale of the property
“Buyer” The person buying your property
“Seller” The owner of the property or the person given the benefit to or who is entitled to sell the property
“You” The owner of the property or the person given the benefit to or who is entitled to sell the property
“Exchange date” The date of which contracts of the sale of the property are legally exchanged and are legally binding
“Completion Date” The date agreed by both buyer and seller that is the completion of the sale/purchase
“Commission” The amount payable to Cornish bricks in respect of our fees due from the introduction of a buyer who legally completed on the purchase of your property
“Cornish Bricks or We” Means Cornish Bricks a company registered in England, company registration number, 9618707
“On the market” This means that your property is being listed on the Cornish Bricks website and/or our partner sites.
2.1 Your listing is with Cornish Bricks and portal partners (which can change without notice). We confirm that the point of instruction we are a Member of the TPO scheme, and subscribe to its Code of Practice. Please ask us for a copy if you require one. You must by law comply with the Consumer Protection from Unfair Trading Regulations 2008 and the Property Misdescriptions Act 1991. The Consumer Protection from Unfair Trading Regulations 2008 requires 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. Where information is given to potential buyers or their representatives, it must be accurate and not misleading. Answers to questions about the property must be truthful and not misleading.
2.2 Cornish Bricks guarantees that your property is listed on the Cornish Bricks website which is www.cornishbricks.co.uk. Third party website portals are subject to change, they may or may not be controlled by Cornish Bricks and we do not guarantee continued presence on these websites, also sometimes these portals do encounter ‘feed’ issues with property listings and again, while they are correcting these feed issues Cornish Bricks is unable to offer any guarantee when the listing will be back up live and showing on that particular property portal although it is the policy of Cornish Bricks to upload all our property details on to our property portal networks at all times. Sometimes part of your listing may not entirely feed to our portal partners, it is your responsibility to check your listing and inform us of anything not showing correctly or any missing elements.
2.3 If a property has outbuildings or holiday lets, there will be an additional charge for these extra properties. The same will apply for any additional floor plans.
2.4 Regarding the price of your property, we can advise on valuations from the data we have which is pulled in from various sources such as Rightmove, Land Registry Nethouseprices, Zoopla and take into account national and regional trends in the housing market, however the price at which you decide to market your property will be solely your decision.
3.1 Applicants will be guided towards contacting Cornish Bricks unless you have requested otherwise and we will inform you at the earliest opportunity and will book a viewing at your convenience.
3.2 Viewings requested through our portal network will automatically link to us.
Once a viewing has been arranged, the confirmation email or text will be sent to both the vendor and the applicant and will list the property address, the time of the viewing and details of who will be conducting the viewing.
After confirmation has been sent to both parties, Cornish Bricks have no responsibility if either party (applicant or vendor) do not show up for a viewing.
3.3 Cornish Bricks confirms that (unless otherwise instructed in writing by you, the seller) pursuant to the Estate Agents Act 1979 we will forward to you accurately in writing (which includes email correspondence), all offers from prospective purchasers within 2 days.
3.4 Once a sale has been agreed, Cornish Bricks will prepare and send out a Memorandum of Sale by email to you and to both sets of solicitors involved and a copy will also be sent to your prospective purchaser.
3.5 Once you have an accepted offer we will monitor full sales progression and update you regularly.
3.6 It is important that any viewings or visits to the property are conducted safely. It is essential that we are notified of and provided with all relevant information relating to health and safety and that any documentation and/or measures are in place to manage any risks.
4. Your obligations as the Seller(s)
4.1 The Seller(s) hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement;
4.2 The Seller(s) hereby confirms and covenants that he/she/they are the beneficial owner(s) of the property; or have the authority from the beneficial owner to sell the property on the above terms.
4.3 Provide us with suitable proof of identity. Under the Money Laundering Regulations of 2003 we must carry out identity checks on both buyers and sellers of the properties that we market. We will ask you to provide a passport or driving licence and utility bill dated within 3 months before we can market your property. Checks can be made using an electronic system but we may still require additional information such as your passport number or driving licence number, which you must agree to provide on request.
5.1 Your property details will be verified before marketing of the property can commence. Our local third party agent that we instruct will verify the details you have provided.
5.2 To ensure compliance with the Property Misdescriptions Act 1991 and to ensure that neither Cornish Bricks nor the seller becomes involved in any legal action, the seller must inform Cornish Bricks immediately of any incorrect information within the sales particulars from the outset or at any point during the marketing or sale.
5.3 Any amendments that you make to your property listing will be fully vetted by Cornish Bricks and if we feel they are not valid they will be changed without notice.
5.4 Cornish Bricks reserve the right not to publish any information provided by the seller in order to comply with the Property Misdescriptions Act 1991. Also any other publication (our brochure for example); may be subject to change at anytime. Often when changes are made to the website especially prices, it may not be amended in the brochure
5.5 The seller shall indemnify Cornish Bricks, its proprietors, directors, employees or agents against any claim made in respect of the Property or any Misdescriptions herein that arises wholly or partially out of the act or default of the seller.
6.1 Cornish Bricks cannot accept any responsibility for any damage or loss suffered as a result of the For Sale board. In order to meet the requirements of The Town & County Planning Regulations, which permit the display of only one For Sale board, we request that whilst a Cornish Bricks For Sale board is displayed, no other boards are erected.
7.1 An EPC must be commissioned prior to marketing your property. Cornish Bricks will market your home as soon as the EPC or proof of order is available in full.
8.1 Our fee/commission must be paid on completion direct from your conveyancing firm.
9.1 All complaints are to be made in writing and will be dealt with swiftly and professionally and in accordance to the guidelines set out by the property ombudsman. Please visit the www.propertyombudsman.org.uk if you want to see the guidelines on complaints. Please contact us if you would like us to send you our complaints process in writing.
10.1 You can cancel at any time.
11.1 Cornish Bricks and/or its licensors own all rights in the intellectual property rights relating to the Services and the Website.
1. You are expressly prohibited from:
1.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Service and the Website including without limitation, any information, articles, photographs, images or submissions made available to you using the Services and the Website.
Property: 31 Raleigh Close, Padstow, Cornwall, PL28 8BQ, PL28 8BQ