We encourage you to print off a copy of this document and refer to it as you use our Website and Services.
1. About Excomp
1.1 The Website is owned and managed by Excomp Property Consultancy Limited trading as excomp.co.uk, a company registered in England and Wales with the company registration number 09017210 and having its registered address at Cawley Place, 15 Cawley Road, Chichester, West Sussex, England PO19 1UZ.
2. Definitions used in this agreement
2.1 The following words shall have the following meanings unless the context requires otherwise:
“Agency Contract” – means the agreement made between Excomp and a Seller governing the sales agency services provided by Excomp in relation to the Seller’s Property.
- “Buyer” – The purchaser of the Property.
- “Completion Date” – The date of completion of the sale/purchase.
- “Excomp” or “excomp” or “We” or “Us” – means Excomp Property Consultancy Limited a company registered in England, with the company registration number 09017210.
- “Exchange Date” – The date at which contracts of the sale of the Property are legally exchanged and are binding.
- “Fee” – The amount payable to Excomp in respect of its fee due from the introduction of a Buyer who legally exchanges contracts for the purchase of a Property.
- “Initial Fee” – The non-refundable upfront fee due on the registration of your Property with Excomp to cover the cost of obtaining an EPC and floor plan.
- “Period” – The 6-month long term of this Agreement.
- “Property” – The property for which Excomp is acting as selling agent.
- “Sale Price” – The price agreed with the Buyer for the sale of the Property.
- “Seller” – The owner of the Property or the person entitled to sell the Property.
- “Services” – The online estate agency services provided by Excomp relating to the sale and purchase of the Property.
- “You or Your” – The user of the Website and the Services whether as a Buyer or a Seller or a visitor as the context so requires.
- ‘Website’ – means www.excomp.co.uk including all the operating systems, software and processes therein.
3. Our Fee, Commission & Terms
3.1 All Fees are payable to Excomp Property Consultancy Limited
3.2 We will be your sole agents for the sale of theProperty from the date of this Agreement for a minimum of 6 months.
3.3 We will only charge you the advertised Fees for the Services offered and you will be liable to pay our agreed Fees in full, if at any time unconditional contracts for the sale of your Property are exchanged with a Buyer introduced by us during the term of our Agreement, or with whom we had negotiations about your property during that Period, or with a Buyer introduced by another agent, or anyone else, during that Period.
3.4 You agree to pay our Sole Agency Fee of £750.00 or if other agents are instructed to sell the Property our joint agency Fee will apply of 2% of the Sale Price per Property advertised.
3.5 Our Fees must be paid on or before completion of the sale of your Property.
3.6 A non-refundable Initial Fee of £150.00 is due on the registration of your Property with Excomp to cover the cost of obtaining an EPC (Energy Performance Certificate) and floor plan, which Excomp will upload to the Website. This Fee is non-refundable if you remove your Property from the market prior to exchange of contracts but is offset against the Sole Agency Fee payable at completion.
3.7 If your Property is being advertised by another agent it is your responsibility to ensure you are allowed to advertise with Excomp at the same time. If you advertise with us and you are not allowed to do so under your other agent’s terms then we can stop your listing with us within 48 hours, but you will not receive any refund of Fees paid.
3.8 If you are advertising with more than one agent, you will be subject to our Fees and if the other agent sells your Property they will be entitled to their fee under their contract.
3.9 In the event that a Property is removed from the Website and/or this Agreement is terminated and subsequently a sale is transacted between the Buyer and the Seller (as evidenced by Land Registry records) within 3 years the Buyer and the Seller shall be liable (and hereby accept joint and several liability) for compensation on demand in a sum equating to two times the Fee which would have been payable on completion together with any and all reasonable enforcement costs incurred by Excomp.
4. Payment Details
4.1 When you choose to use our Services we will send you an invoice for payment of our Fees and any Initial Fee to our bank account via BACS payment.
4.2 Once payment has been received an appointment will be arranged to verify your Property details ahead of publishing them on the Website.
4.3 All outstanding Fees are due to Excomp upon exchange of contracts of the sale of your Property.
4.4 Where a Buyer exchanges contracts but fails to complete the purchase, we shall be paid our Fee (£750, less any Initial Fee paid) out of the deposit monies held by your solicitor or conveyancer, within seven days of the contracted completion date.
4.5 If the fee is not paid within thirty days of the due date we reserve the right to charge interest at two per cent above the prevailing rate of Barclays Bank Plc. If we should find it necessary to instruct solicitors or other parties to recover monies due, you will be required to pay all costs and disbursements so incurred.
4.6 You hereby authorise us to submit our invoices to your solicitor or conveyancer and it is agreed that they will settle our account in full on completion of the sale.
4.7 If you believe you have been billed in error notify us immediately by contacting us at email@example.com
5. Cancellations and refunds
5.1 You or We may bring this Agreement to an end by giving the other party 14 days written notice, however under no circumstances will any full or part credit be made in respect of any Fees already paid or due under the terms of this Agreement.
5.2 As outlined in Clause 3.7 if you advertise with us and are not allowed to do so under your other agent’s terms then we can stop your listing but you will not receive any refund of Fees paid.
6. Your Property listing with Excomp.co.uk
6.1 You agree to us uploading and advertising your Property and its particulars.
6.2 Your listing will run for 6 months or until the Property is sold. If your Property has not exchanged within that period, your listing will expire but you will have the opportunity to relist your property for a further 6 months.
If you do not wish to carry on advertising your Property after the Period of this Agreement then you do not need to do anything, your agreement with Excomp will automatically come to an end and your Property de-listed from the Website.
6.3 If you are supplying your own photographs and Property description we require these to be accurate. You must by law comply with the Consumer Protection from Unfair Trading Regulations 2008 and the Property Misdescriptions Act 1991.
6.3.1 The Consumer Protection from Unfair Trading Regulations 2008 require you to disclose any information of which you are aware in relation to the Property in a clear, intelligible and timely fashion.
6.3.2 The Property Misdescriptions Act 1991 requires you to take all reasonable steps to ensure that, all statements that you make about the Property, whether oral, visual or written, are accurate and are not misleading and where information is given to potential buyers or their representatives, it is accurate and not misleading.
6.3.3 Answers to any questions about the Property must be truthful and not misleading.
6.4 You are responsible for your use of the Website and the Services and for the information that you supply to us (including but not limited to the Property particulars and the in particular your compliance with the provisions of clause 6.3) and for any consequences thereof, including the reliance placed on this information by Excomp, other users and third parties. You indemnify Excomp, without qualification, in relation to any losses suffered by Excomp in this regard in accordance with the indemnification provisions set out in clause 19.8.
7. The Seller’s obligations
7.1 As the Seller you confirm and covenant that you have the necessary authority, power and capacity to enter into this Agreement (including the Agency Contract) instruct www.excomp.co.uk to sell your Property.
7.2 You confirm that you are the beneficial owner of the Property, or have the authority, knowledge and consent of the beneficial owner to sell the Property in accordance with the Terms of this Agreement.
7.3 Under the Money Laundering Regulations of 2003 we must carry out identity checks on both Buyers and Sellers of the properties that we market. Checks are completed using an electronic system and may require us to ask you for additional information such as your passport and/or driving licence number, and a recent utility bill which you must provide on request.
8. Energy Performance Certificate (EPC)
8.1 If we are to sell your Property it must have a valid Energy Performance Certificate (EPC) before we can start marketing. An EPC is a report showing prospective purchasers the energy efficiency rating of your Property.
8.2 On registering your Property and paying the Initial Fee, we will commission and obtain a new EPC using our designated provider, who will also draw up a floor plan of your Property.
8.2.1 You will be contacted by our designated provider to arrange a convenient time and date to perform the necessary checks and measurements.
8.2.2 It is not possible to rearrange a missed appointment without the payment of a new Initial Fee.
8.3 The EPC will belong to you but you agree to allow Us to use the EPC as necessary to assist the sale of your Property.
8.4 We will retain a copy of the EPC on file to prove that your Property was offered for sale with a valid EPC.
8.5 Until the EPC has been commissioned we will not be able to begin marketing your Property.
8.6 We are unable to offer a refund of any Fees paid once an EPC has been commissioned.
Sales Particulars & Accuracy
1.1 The Property Misdescriptions Act 1991 (PMA 1991) makes it a criminal offence to give false or misleading information about a property for sale. Draft marketing particulars of your Property will be sent to you for your approval and you agree to assist us to ensure that any information we provide is factually accurate in all respects.
1.2 You are responsible for ensuring that the marketing particulars of your Property are accurate and that the description, photographs, floor plans or any other information about your Property available on the Website is truthful and is in no way misleading.
1.3 To ensure compliance with the PMA 1991 and to ensure that neither We nor you commit any breach of the PMA 1991, you agree to inform us immediately of any incorrect information within the marketing particulars on the Website before, or which become apparent at any time after, we begin marketing your Property.
1.4 If you have any doubts about any information, or the validity of any information, relating to ownership, charges, covenants, planning or other matters relating to the sale of your Property, you must inform us immediately and refer such matters to your own solicitor or conveyancer.
1.5 Your property details, and any amendments, will be verified before we can begin marketing your Property.
1.6 The sale price advertised for your Property (which is not a valuation) will be agreed with you before we begin marketing your Property. If there is any change or alteration in the sale price this must be confirmed by you in writing.
1.7 We reserve the right not to publish any information provided about your Property to ensure, in our opinion, compliance with the PMA 1991.
1.8 You shall indemnify Excomp, its proprietors, directors, employees or agents against any claim made in respect of the Property or any misdescriptions that arises wholly or partially out of your action or default.
1.9 If any information provided by you about your Property is found to be in breach of the terms of this Agreement then we may delist your Property and terminate this Agreement without any liability to you.
1.10 In the event that we do delist your Property or terminate this Agreement then there will be no refund or credit of any Fees paid.
9.1 You can upload a maximum of 20 photographs to assist in the marketing of your Property through the Website.
9.2 We will examine any and all photographs submitted to ensure they are suitable for use in the marketing of your Property.
9.3 We reserve the right not to publish any photographs or images that in our opinion do not comply with the terms of this Agreement or which, in our opinion, are inappropriate, inaccurate, misleading, offensive, or likely to cause distress, or which may, in our opinion constitute a breach of the PMA 1991.
9.4 Continued submitting of photographs which do not comply with the Terms of this Agreement may result in the delisting of your Property and the termination of this Agreement.
10. Viewings & Feedback
10.1 We will endeavour to inform you as soon as is reasonably possible of the name and contact details of any person(s) interested in viewing your Property.
10.2 It is your responsibility to perform the viewing and ensuring that your Property is ready and available to be viewed on the date and time agreed by you to perform the viewing, and that your Property is in a safe condition.
10.3 Excomp does not, and cannot, perform viewings.
10.4 We will endeavour to obtain feedback after any viewing(s) and inform you as soon as is reasonably possible of any comments regarding your Property, the marketing particulars or sale price.
11. Offers and Sales
11.1 We will endeavour to inform you as soon as is reasonably possible of any offer made for the purchase of your Property.
11.2 We will request the financial position and desire to proceed of all potential Buyers and will forward this information on to the Seller as soon as is reasonably possible.
11.3 In the event of an offer, you may elect for Excomp to negotiate final sales terms – we will negotiate the best possible sale terms, without any conflict of interest.
12. Notices & Correspondence
12.1 We will send you notices regarding the sale of your Property so you must ensure we have up-to-date email, telephone and address contacts for you.
13. The Property Ombudsman & Complaints
13.1 We are a Member of The Property Ombudsman (TPO) scheme and abide by its Code of Practice, which can be found here.
13.2 We may disclose to the Ombudsman information relating to the sale of your property, if you have registered a complaint and it is requested by TPO, or to assist in their monitoring of our compliance with the Code of Practice.
13.3 Any complaints about the Services should be made in writing and will be dealt with in accordance to the guidelines set out by TPO.
14. Unoccupied property
14.1 Excomp cannot accept any liability or responsibility for the maintenance or repair of, or for any damage to, your Property, especially if unoccupied, during the marketing or once a sale has been agreed.
14.2 We strongly advise you to take all necessary action to protect your Property from any such risks and to ensure that there is adequate insurance cover.
15. Right to Cancel
15.1 Under UK and European Consumer and Distance Selling Rules, you can cancel this Agreement, in writing, any time within 7 days of contracting Excomp to market your Property but we cannot refund any Initial Fee paid to commission an EPC or floor plan.
15.2 You may request us to delist your Property details, in writing, at any time from the Website but you will not be entitled to a refund of any Initial Fee paid.
15.3 If you wish to cancel this Agreement you MUST DO SO IN WRITING by post or email to Excomp at firstname.lastname@example.org
15.4 Cancellation notice is deemed to have started once the notice has been posted or sent by email.
15.5 We reserve the right to seek the payment of our Fees should contracts be exchanged with a purchaser introduced by Us during the period of this Agreement.
16. Disclosure Requirements
16.1 Under section 21 of the Estate Agents Act 1979 we are required to disclose to prospective Buyers any family relationships or business association between you and any employees of Excomp. Any such relationship will be included in the sales particulars and relevant correspondence.
17. Intellectual Property
17.1 Any and all Intellectual Property rights in or arising out of or in connection with the Services provided or the Website are the property of Excomp.
17.2 You are expressly prohibited from:
17.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any information, articles, photographs, images or materials made available to you through your use of the Services or the Website; and
17.2.2 removing, modifying, altering or using any registered or unregistered marks or logos owned by Excomp, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Excomp or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Excomp.
18. LIMITED WARRANTY, LIMITATION OF LIABILITY AND INDEMNITY
Your Attention Is Particularly Drawn To This Clause
18.1 Whilst Excomp agrees to use its reasonable endeavours to operate the Website and provide the Services, the Website and the Services are made available to you on an “as is” and “as available basis”.
18.2 To the full extent permissible by law, Excomp does not warrant:
a) That the provision or operation of the Website or provision of the Services will be uninterrupted, secure, reliable, timely, readily accessible or error-free;
b) That the Website or the Services will meet your specific requirements;
c) That the results that may be obtained from the use of the Website or Services will be accurate or reliable;
d) That the quality of any Property or the information provided about it will meet your expectations;
e) The accuracy, validity or completeness of any information, content or advice obtained through the Website or the Services.
18.3 Whilst we shall make reasonable efforts to guard against abuse we cannot monitor or control all information provided to us by users of the Website. Any use or reliance on the information posted via the Services or obtained by your use of the Website is at your own risk.
18.4 You understand, agree and accept that your use of the Website and the Services is at your sole discretion and risk and that, save in relation to the regulated elements of the Services that we provide, you will be solely responsible for the consequences of your use.
18.5 Nothing in these Terms excludes the liability of Excomp:
a) For death or personal injury caused by Excomp’s negligence; or
b) For fraud or fraudulent misrepresentation.
18.6 Subject to clause 19.5, this clause 19 sets out the entire financial liability of Excomp (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:
a) Arising under or in connection with this Agreement;
b) In respect of any use made by you of the Website or the Services or any part of them; and
c) In respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
18.7 Subject to clause 19.5:
18.7.1 Excomp shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses howsoever arising under or in connection with this Agreement; and
18.7.2 Excomp’s total liability to you in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £750.00.
You acknowledge that, save as otherwise set out herein, you will be solely and fully responsible for your use of the Website and the Services and for the completeness, accuracy and truthfulness of the information that you provide. You shall defend, indemnify and hold harmless Excomp against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Website and the Services.
19. Your Obligations as a User of the Website and the Services
19.1 You agree that you are solely responsible and liable for any communications made on or via the Website.
19.2 You must notify Excomp as soon as possible in the event that there is any breach of security or any unauthorised use of any login or registration details provided to you by Excomp.
19.3 You shall not communicate or allow to appear on the Website, any materials, images or links that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
19.3.1 promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
19.3.2 promotes racism, bigotry, hatred or physical harm of any kind against any person or group of persons;
19.3.3 harasses or advocates harassment of another person;
19.3.4 display pornographic or sexually explicit material;
19.3.5 promote any illegal activities, including violating other’s privacy or providing or creating computer viruses;
19.3.6 promote or contain information that you know or believe to be inaccurate, false or misleading; or
19.3.7 infringes any rights of any third party.
19.4 We will not discriminate against anyone under any section of the Sex Discrimination Act 1975, Race Relations Act 1976, the Equality Act 2006 or Disability Discrimination Acts.
19.5 You agree to us providing certain parties, including but not limited to, potential purchasers, designated providers, relevant legal advisers or conveyancers and mortgage advisers, with your Property details, and the Seller’s name and contact details.
19.6 We will always endeavour to ensure make that any materials submitted by you to us will be secure.
19.8 You agree that none of the terms of this Agreement are not intended to confer and do not confer any rights or remedies upon any person other than you, as a User of the Services or Website.
19.9 If any part of the terms of this Agreement is held to be invalid or unenforceable, that element shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining elements shall remain in full force and effect.
19.10 Excomp’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement.
19.11 We will use all reasonable endeavours to meet any performance dates specified for the Services, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
20. Force Majeure
20.1 For the purposes of this Agreement, Force Majeure Event means an event beyond the reasonable control of Excomp including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Excomp or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
20.2 Excomp shall not be liable to you as a result of any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event.
21. Governing law & Jurisdiction
21.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.