Terms and conditions

SLV ESTATES LTD

Marketing Agreement

Between

SLV ESTATES LTD of (?)                (hereinafter referred to as the Marketing Agent)

And

(hereinafter referred to as the Vendor(s))

This Marketing Agreement sets out the Marketing Agent’s terms and conditions of business and is a legal document.  Please read this Agreement carefully and do not sign it unless you agree and understand all the terms and conditions.

  1. 1. Amount of Fees

a)    The Marketing Agent’s fees are calculated on the selling price of the Property at the rate of 5%, plus VAT.  This fee covers all charges including advertising and promotional costs other than any special expenditure which is specifically and separately agreed by you in writing.

b)    The Marketing Agent will be the exclusive marketing agent for a period of six months from the date of signing of this agreement. During the period of exclusivity, you will not appoint any other agent to market or promote the Property.

c)    At the end of the six-month exclusive period, if you appoint another agent to market your Property in addition to the Marketing Agent’s, you will be liable to pay the agent who introduces the buyer of the Property.  If your Property is sold through any other means, you hereby agree to inform the Marketing Agent of the name and address of the buyer, the sale price and the name of the selling agent.  This information will be used by the Marketing Agent for the purposes of ascertaining whether the buyer was introduced by the Marketing Agent, in which case the Marketing Agent’s fees will become payable.  This information will not be retained by the Marketing Agent or used for any other purposes.

  1. 2. An ‘Introduced Person’

Means a person who became known to the Marketing Agent as a result of the SLV ESTATES LTD website or any SLV ESTATES LTD literature, sales particulars, advertisement, ‘For Sale’ board, email or Internet communication, either directly or indirectly within the duration of this agreement.  If a buyer is introduced by any of these means before the termination of this agreement and that buyer eventually purchases the Property, the Marketing Agent’s fees as indicated above in paragraph 1 (i) shall become payable.

  1. 3. Payment of Fees

Fees are due for payment on the signing of contracts.  The Vendor(s) hereby gives his/her/their irrevocable authority to the lawyer appointed by the Vendors to pay the agreed charges plus VAT out of the proceeds of sale to the Marketing Agent in accordance with the conditions herein.  The Vendor(s) hereby agrees to notify the Marketing Agent should there be insufficient funds to pay the fees out of the sale proceeds and the Vendor(s) agrees to immediately make payment from their own funds, directly to the Marketing Agent, in respect of the balance due to the marketing agent.  The Vendor(s) also agreed to provide a forwarding address to the Marketing Agent prior to the completion of the Property sale.  Should all or part of the account remain unpaid for more than 7 days after completion of the Property sale, interest will be charged at 8% per annum on the balance.

  1. 4. Viewings and Offers

a)     The Vendor(s) will provide the Marketing Agents with a complete set of keys for the Property. If the property is vacant, access may take place at any time for viewings. If the property is occupied, the Vendor(s) will ensure that access to the Property is given for viewings on two hours’ notice, wherever possible.

b)     The Marketing Agents confirm that they will forward to the Vendor(s) promptly and accurately all offers from prospective buyers and will not in any way discriminate between buyers.  A written or computerised record of all offers received will be kept, including the date and time such offers were received and this record will be available to the Vendor(s) on request.

  1. 5. Unoccupied Properties

The Marketing Agent does not accept responsibility for the maintenance or repair of unoccupied properties.  It is the Vendor(s) responsibility to maintain and insure the Property.

  1. 6. Property Misdescriptions Act 1991

To comply with the above Act, the Vendor(s), hereby agree to provide accurate information both orally and in writing to the Marketing Agent, and to sign a draft of the sales particulars to ensure they are correct and free from any misrepresentation which could give rise to any action, claim, demand or prosecution by any person or statutory body and to notify the Marketing Agent immediately of any changes that become necessary.

  1. 7. Vendor(s) Indemnity

The Vendor(s) hereby agree and undertake to indemnify the Marketing Agent and keep them indemnified for the duration of this agreement and thereafter against all losses, expenses, claims, commission, settlements or damages which may arise as a result failure to comply with paragraph 6 above.

  1. 8. Agreed Rate

The Marketing Agent will market the Property for the agreed sum of;

€………………………………

The above figure is the agreed marketing price and does not represent a formal Property valuation.

The Vendor(s) agree(s) that the Marketing Agent will have the right to retain any reservation fee paid by the buyers until the completion of the sale. The Marketing Agent may retain the reservation fee as complete or part payment of the agreed marketing fee. In the event that the reservation fee is refundable to the buyers under the terms of any reservation agreement, the Marketing Agent will return the reservation fee to the buyers.

  1. 9. Termination of this Agreement

Either party may terminate this agreement by giving 30 days written notice to the other party.  Termination does not affect the Vendor(s) obligation to pay the Marketing Agents fees as set out in paragraph 1 (i) above.

10. Jurisdiction

The jurisdiction of this agreement lies with the United Kingdom and the English courts shall have exclusive jurisdiction to deal with any dispute arising under this agreement.

11. Your Agreement

The Vendor(s), hereby acknowledge receipt of and accept the Marketing Agents terms and conditions of business.

Vendors 1 Signature………………………………….

Vendors 1 Name………………………………………

Vendor 2 Signature…………………………………...

Vendor 2 Name………………………………………..

Date of signing………………………………………..

Vendor(s) home address………………………………

……………………………………………………………

……………………………………………………….......

Address of Property……………………………………

……………………………………………………………

…………………………………………………………..

Date Marketing to Commence………………………..

Marketing Agents Signature…………………………

Marketing Agent name:


Insert Vendor(s) address

Insert Vendor(s) lawyers name and address

Irrevocable Letter of Authorisation

Dear Sirs

The Vendor(s) have instructed to insert name of lawyer and law firm to act on their behalf on the sale of insert the property details and address.

The Vendor(s) hereby gives his/her/their irrevocable authority to insert name of lawyer and law firm appointed by the Vendors, to pay the agreed fee of insert amount plus VAT out of the proceeds of sale of the property mentioned above, to the Marketing Agent, SLV ESTATES LTD, of the United Kingdom in accordance with Marketing Agreement dated insert the date.

Vendors 1 Signature………………………………….

Vendors 1 Name………………………………………

Vendor 2 Signature…………………………………...

Vendor 2 Name………………………………………..

Date of signing………………………………………..