Terms and Conditions

TERMS & CONDITIONS

The Estate Agent Act 1979 (and Estate Agents Regulations 1991) requires agents’ terms of business to be confirmed in writing. In the case of all instructions, BrownRok LTD will confirm its fees and terms of business by submitting an accompanying letter with this notice. The fees and terms of business of BrownRok LTD will be as set out below unless, and to the extent, varied by the accompanying letter. BrownRok LTD requires the Client within seven days of dispatch to the Client to sign and return a copy of the accompanying letter (to which should be attached a copy of the Fees and Terms of Business Notice) signifying his/her agreement, without which BrownRok LTD will not proceed to market the property nor incur any expenses always provided that in the event that BrownRok LTD (with the Client’s knowledge and approval) proceed during the said seven days to market the property and incur expenses the Client will be bound by terms hereof regardless of whether BrownRok LTD received the Client’s written acceptance of such terms either within the said seven days or at all. Any suggestions, advice or recommendations provided by BrownRok LTD, its employees or representatives in respect of marketing, asking price, acceptability of offers or any property matter of any kind is provided in good faith and believed to be accurate, however no liability will be accepted on behalf of BrownRok LTD or it’s servants for any reliance that you may choose to place on such information, nor for any errors or omissions.

THE PROPERTY MISDESCRIPTIONS ACT 1991

The Act prohibits the making of any false or misleading statement about your property. We will endeavour to describe accurately the property based upon information supplied by you and from our own research. You must advise us if you become aware of any inaccuracy in our particulars or advertising copy so that we may correct them without delay.

RESPONSIBILITY FOR PAYMENT OF FEES AND EXPENSES

The person to whom the accompanying letter is addressed (the Client) is responsible for the payment of fees and expenses unless it is clearly advised to BrownRok LTD within seven days of the accompanying letter that a third party is responsible. If this is the case, the name and address of the third party must be disclosed within seven days of the date of this letter and that third party must give written confirmation of such agreement to BrownRok LTD within that seven-day period.

FEES

BrownRok LTD ’s fees will be calculated as set out in the accompanying letter as a percentage of the sale price. Except as otherwise provided for here in BrownRok LTD ’s sale fee is payable for the introduction of a purchaser, however introduced, who proceeds to an exchange of contracts. The sale price includes any extra price for carpets, curtains, fixtures, fittings or other chattels. In accordance with the code of practice of the National Association of Estate Agents, fees will be payable if an applicant introduced by BrownRok LTD during the time of its agency buys the property whether privately or through another agent, except if the purchaser was introduced privately or by the other agent more than six months after the date of BrownRok LTD’s agency ended. Should the client decide not to proceed once terms for a sale have been agreed and solicitors instructed for the buyer, BrownRok LTD will charge half the agreed sale fee in addition to the full costs of charges agreed.

BROWNROK LTD’s RIGHT TO WITHDRAW/TERMINATE THE AGENCY

BrownRok LTD reserves the right to withdraw/terminate its appointment as the Client’s agent upon giving written notice and no fee will become payable except if the property is subsequently sold to a purchaser who had been introduced by BrownRok LTD or a sub-agent appointed by BrownRok LTD whilst BrownRok LTD was acting as agent for the property. Any outstanding expenses will become payable immediately.

METHOD OF PAYMENT

BrownRok LTD ’s fees and any outstanding expenses will be paid at completion out of the proceeds of sale (except in the case of a failed completion – see below). The Client must give his/her Solicitors irrevocable instructions to this effect but whether or not he/she does so his/her counter-signature of the accompanying letter shall when passed on to such Solicitor constitute instructions within the meaning of this paragraph. In the event of the Client changing his/her Solicitor, BrownRok LTD must immediately be informed of the name and address of the new Solicitor.

FAILED COMPLETION

If a purchaser exchanges contracts and yet fails to complete the purchase, BrownRok LTD will be entitled to half their agreed fee.

VAT

As of September 23rd 2021, all BrownRok LTD fees are currently not subject to VAT unless otherwise stated.

PAYMENT OF ACCOUNTS

BrownRok LTD’s account for fees and expenses becomes payable from the date stated on the account. Interest will automatically be charged at 3% above BrownRok LTD’s bankers base rate, from the date of invoice, on any account that remains unpaid 28 days after that date. If BrownRok LTD finds it necessary to use Solicitors or other parties to recover fees and/or expenses the Client will, in addition, be required to pay any costs incurred.

TYPES OF AGENCY

SALES

SOLE AGENT: As the Client’s sole agent, BrownRok LTD’s fees will be 2% (Except where otherwise stated our fees and any other charges currently not subject to VAT) of the purchase price, to include any amount apportioned for fixtures and fittings. Sole Agency means that the Client will be liable to pay remuneration solely to BrownRok LTD in addition to other costs or charges agreed if contracts for the sale of the property are exchanged with a purchaser introduced by BrownRok LTD during the period of BrownRok LTD’s sole agency or with whom BrownRok LTD had negotiations about the Client’s property during that period or with a purchaser introduced by another agent during that period (either sub-instructed by BrownRok LTD or directly instructed by the Client). In the event that the Client decides to withdraw the property or should the Client sell the property privately during the term of the sole agency BrownRok LTD will be entitled to a full refund of costs incurred.

MULTI AGENCY: As more than one of the Clients agents, BrownRok LTD ’s fees will be 2.5% (Except where otherwise stated our fees and any other charges currently not subject to VAT) of the purchase price, to include any amount apportioned for fixtures and fittings. Multi Agency means that the Client will be liable to pay remuneration to BrownRok LTD in addition to other costs or charges agreed if contracts for the sale of the property are exchanged with a purchaser introduced by BrownRok LTD during the period of BrownRok LTD’s instruction as one of the Client’s agents.

LETTINGS

As the Client’s sole agent, when BrownRok LTD finds a tenant who is accepted by you or whom you have given us authority to accept on your behalf, who enters into a tenancy agreement with you, you agree to pay 9% (Except where otherwise stated our fees and any other charges currently not subject to VAT) of the annual rent reserved under the terms of the tenancy agreement, whether or not you continue to be the person entitled to receive the rent, for a letting of a period of six months or more. Should the Client wish to instruct more than one agent, BrownRok LTD’s fees will be 11% (Except where otherwise stated our fees and any other charges currently not subject to VAT) of the annual rent reserved under the terms of the tenancy agreement, whether you continue to be the person entitled to receive the rent, for a letting of a period of six months or more.

MANAGEMENT

Management service, should you select our management service BrownRok LTD charge 5% (Except where otherwise stated our fees and any other charges currently not subject to VAT)

TENANCY AGREEMENT

BrownRok LTD will prepare and draw up a tenancy agreement for a cost of £150 payable by the landlord and if both you and your tenant wish to extend the tenancy we will prepare the necessary documents for signature. Our administration charge for this will be £50 payable by the landlord.

RENEWALS

If the tenancy is extended or renewed with the original tenant, either on the same terms and conditions or on different terms and conditions, our commission will be 7% (Except where otherwise stated our fees and any other charges currently not subject to VAT) for the second year of the total rent reserved under the terms of the tenancy agreement, whether you continue to be the person entitled to receive the rent, and shall reduce by 1% each year of any subsequent renewals thereafter.

PAYMENT OF COMMISSION

The full amount of our commission will be payable at the start of the tenancy and at the start of any extended or renewal tenancy.