Our Terms and Conditions

1. Terms of Business

Verdala Property Limited will act as sole agents for the duration of your sale, from the date of this agreement. The sole agency will continue unless terminated by either party in writing and cannot be terminated if any sums are outstanding. During the period of sole agency, you’re not permitted to instruct any other agent to sell the property. All negotiations will be entered into on a subject to concluded missives basis.

2. Charges

The commission fee you pay us is calculated in accordance with the ‘valuation and fee’ section within this proposal and is based on the total sale price including the price of any fixtures and fittings. This will also include any other items put forward by the buyer to satisfy all or part of the transaction. The amount charged will be either the percentage rate or the specified amount showing in the document attached. Where a scaled fee is in place, the amount payable is calculated on the total selling price and not the balance over and above any agreed threshold. Any variance on this will be agreed and clearly defined with yourself.

3. Withdrawal of Service – Fees and Charges

We reserve the right to charge a £600 (inclusive of VAT) withdrawal fee if marketing services, such as photography or videography, have been undertaken on your property and you choose to terminate the estate agency agreement. This fee is solely intended to cover the costs incurred during the collation of marketing materials and would not be payable if you have already paid a marketing fee.

The fee applies even in cases where marketing costs have been incorporated into the final commission and waived at our discretion. This fee will be clearly communicated and agreed upon at the time of instruction. Each termination will be considered individually, and we may waive the fee in cases of exceptional circumstances, which will be reviewed on a case-by-case basis.

4. General Terms

We will fully observe the provisions of the Estate Agents Act 1979, the Property Misdescriptions Act 1991 and any other relevant legislation, and your attention is drawn to the undernoted points:

• We will not discriminate against any person under any section of the Sex Discrimination, Race Relations or Disability Discrimination Act.
• If agreed, we have permission to put up a For Sale board at the property.
• If requested, we can provide a referral service for financial advice, conveyancing, surveying and removal services, for which we may receive a referral fee, which you will be notified of.
• In accordance with normal commercial practice, any discounts received from suppliers are the property of Verdala Property Ltd.

5. Intellectual Property

We retain all rights to materials, video, photography or any other marketing created for the purpose of advertising your home or development. Although work will be shared with you, all content remains our IP and we do not give permission for any third party or other organisation to use our IP unless permission is granted in writing and correctly referenced.

6. When You Will Be Liable to Pay

You will be liable to pay our quoted commission in addition to any other costs or charges agreed, if unconditional missives for the sale of the property are concluded with a buyer introduced by us during the period of this sole agency, or with whom we had negotiations about the property during that period, or with a buyer introduced by any other party during this period.

7. When Charges Are Payable

We will send our final account pertaining to the commission selling fee and any outstanding marketing or advertising charges to your solicitor when unconditional missives for the sale of the property are concluded. If the account remains unpaid 10 days after the above date, we reserve the right to charge daily interest on the outstanding balance at 3% above the Bank of Scotland base rate until payment is received in full.

8. Unoccupied Property

We will not be responsible for the maintenance, repair or insurance of the property during the period of this agreement unless you have appointed us separately, in writing, to manage it.

9. Your Safeguard

As a member of the Ombudsman for Estate Agents scheme, Verdala Property Limited is committed to providing the highest standards of quality and service to our customers.