Terms & Conditions. – Ginger Lifestyle Ltd

You as the vendor(s)/Executor(s)/Power of Attorney/legal authority by signing our Confirmation of Instruction agreement appoint Ginger Lifestyle Ltd  (and anyone taking over its rights under this agreement) to market your property on the following terms.

1.Rolling Sole agency agreement

Ginger will be your sole agent from the date of this agreement as stated in our ‘Instruction confirmation agreement’ (the contract). This is a rolling sole agency agreement with no minimum term. Ginger will remain the sole acting agent until the sale exchanges contracts, or this agreement is terminated. We will market your property at an initial asking price as stated in this agreement. We will work together on a continuing strategy which may require a recommendation of a reduction in marketing price by your agreement. The asking price is not a valuation of your property.

2. Sole agency

You will be liable to pay remuneration to us, in addition to any other formally agreed costs or charges agreed, if at any time unconditional contracts for the sale of the property are exchanged with a purchaser introduced by ourselves (the agent) during the period of our agreement or with whom we had negotiations about the property during our instructed period; or with a purchaser or connected party introduced by another agent during our contracted period. In this agreement, references to “another agent” includes any person operating as a estate agent, Internet site or using other electronic or printed media to advertise your property for sale whether or not they do so with the authority of the owner of the property. ” introduced by us” includes any person introduced by us to your property through any source of our marketing materials or advertising methods.

Should any party that viewed the property through ourselves, made an enquiry about the property or made a formal offer whether agreed or not, via any form of our marketing efforts during our instruction, who at any time exchanges contracts with you/ legal owner, then our full fee is due. Should you cancel our agreement, and any party returns either through another agent, or approaches the seller directly, who exchanges an eventual sale, our full fee is due upon exchange of contracts to be paid within 4 days.

By signing this agreement, it is agreed that no party is currently negotiating to purchase the property and that no introduction has already been made by any other party. Should at any stage you are in negotiations with any other party then you must inform Ginger of their details.

As part of our sole agency agreement, you are not permitted to market the property with any other marketing agency, third party, agent, online agency/marketing. If you are instructing Ginger to market the property for sale, you are not permitted to instruct another marketing source even if to let the property without any formal agreement with Ginger.

3. Sole agency fees

You agree to pay our fees as agreed in our Instruction confirmation agreement. Our fees are payable in full when contracts are exchanged during this agreement or after this agreement has been ended where we introduced the ultimate buyer or had negotiations with your buyer during the period of this agreement. Our commissions/fees are subject to VAT. Where a percentage commission is agreed, this is calculated on the exchanged sale price.

3a Payment of accounts

Your obligation to pay our fees arises on the exchange of contracts for the sale of your property. Cleared funds must be paid into our designated bank account on completion day directly from the solicitor or licensed conveyancer acting on your behalf unless we agree otherwise. It is your responsibility to make your legal representative aware of our payment terms and to ensure payment is made as requested. You must authorise your solicitor/conveyancer to pay our fees on completion day. Your solicitor may request additional bank charges to meet our payment requirements. These are your responsibility and will not be deducted from our fee. A late payment charge of £100 plus VAT is applied should cleared payment not be received on completion day into our designated bank account. Our commissions/fees are subject to VAT. We do not accept payment by cheque.

Please note, if your buyer fails to complete once an exchange of contract has taken place, our fee remains due within 4 days of the due completion date.

4. Set-up fees

Any set-up fee is subject to VAT and non-refundable. Ginger will not instruct any third-party services, take photos, measure up or commence any marketing of your property until funds are received.

5.Termination of agreement & Withdrawal charges

You are entitled to terminate this agreement at any time by serving 24 hours’ notice in writing to Ginger Lifestyle Ltd. You can do so by emailing enquiries@gingerhomes.co.uk If this agreement is ended and we are not entitled to charge fees in accordance with paragraphs 2 and 3 of this agreement, then you agree to pay any withdrawal charge as formally agreed in the Instruction confirmation agreement. The withdrawal fee and any additional costs that has been mutually agreed are to be settled within the 24-hour cancellation notice period. We will not cease marketing until the fee is paid and any outstanding invoices/ package fees are paid in full. However, no viewings will be conducted. You cannot instruct any other agent until released from this agreement. You can serve notice by email enquiries@gingerhomes.co.uk

Should you instruct another agent without permission from ginger, whilst in contract with Ginger Lifestyle limited, whether sales, letting or holiday let agency, you would be in breach of our sole agency agreement and the withdrawal fee will increase to £500 plus VAT.

Ginger will work hard to find a proceed-able purchaser in a reasonable time scale. However, should ginger feel that we have exhausted efforts or feel there is a breakdown in relationships/communication between ourselves and the client we reserve the right to cancel this agreement by serving one week’s notice in writing. In the event of a breakdown in relationships we will give immediate notice to cancel this agreement. Any fees paid are non-refundable.

5a.Ready and willing purchaser

5a.1 Should Ginger (the agent) bring a proceedable purchaser to the point of exchange of contracts with you, and where any associated sales chain in the transaction are also in a position and ready to exchange contracts, then should you withdraw from the sale where your decision is not influenced by another party in the sale chain withdrawing their transaction, you will be liable to pay 100% of our agreed agency fee within 7 days of your withdrawal from the sale. We, the agent, reserve the right to waive part of the fee at our own discretion where we feel your reasons for withdrawing are unavoidable such as job loss or personal circumstances where your transaction requires to be halted.

5a.2 Should Ginger Lifestyle ltd progress your sale to the point of an exchange of contract and the sale fails to exchange contracts due to a directly related party either your direct buyer or the seller you are purchasing from withdraws from the sale and you then decide to withdraw your property from the market with Ginger Lifestyle Ltd we shall invoice 70% of our agreed commission plus VAT. At this point we would have completed our full work for you.

If you decide to withdraw your property from the market and dis-instruct Ginger Lifestyle ltd part way through a proceeding sale, a staggered level of withdrawal fee will apply to cover the progress of the sale transaction to that point of termination. As follows:

i. A sale is formally agreed and taken to the point of the initial draft contract being sent out by your solicitor to the buyer’s solicitor the withdrawal fee is £250 plus VAT

ii. An agreed sale is progressed to the point of enquiries being raised with your solicitor from your buyers solicitor, the withdrawal fee is £400 plus VAT

iii. An agreed sale is progressed where all enquiries are answered, the withdrawal fee is £750 plus VAT

point 5a.1 then applies if all parties in chain are ready to exchange contracts and you withdraw-full fee payable.

Withdrawal fee due within 4 working days.

6. Inclusive service

Our fees cover all advertising methods and promotional materials required to market your property in line with the package you have selected. In addition to our fees, you will be charged for any special advertising or promotional costs outside of the selected package by mutual agreement.

By signing the agreement, you agree that ginger can use any form of marketing it chooses to effectively market your property. We also use social and electronic media, 360 media, video and drone aerial photography and you consent to advertise your property on such media.

6b-Intilectual Property.

All marketing materials remain the property of ginger lifestyle ltd (the agent). This includes, photographs, floorplans, video/digital materials. None of which are transferable or can be used by any other marketing company/agent/yourselves unless by agreement. Any infringement of copyright will lead to legal action being taken. It is your responsibility to ensure none of these materials are used by any other source. Any Ginger material cannot be used for personal social media. Sharing of our social media is permitted, however, your advert must be directed to Ginger website or social media platforms to avoid breaking multi agent terms/ other marketing platforms.

6c- Vendor self-marketing.

We do not recommend the vendor undertakes their own marketing whilst in contract with Ginger Lifestyle Ltd. Ginger have sole rights to act as the marketing company. Should the seller conduct their own marketing whilst contracted to Ginger Lifestyle ltd, including social media then any enquiry must be directed to Ginger to approach. Should the seller agree a private sale during our contracted period, Ginger Lifestyle will be due our full fee as outlined in this contract upon sale completion.

7. Multiple agency agreements

Our multiple agency rate as agreed in our instruction confirmation agreement or a separate written agreement will apply if you appoint another agent to market your property in addition to ginger lifestyle ltd. You can only appoint another agent by prior agreement with Ginger. You will be liable to pay fees in accordance to the multi-agency agreement. We, the agent, initially offer only a ‘sole agency’ agreement; ginger will only enter into multiple agency agreements by consent and with formal written agreement. ginger has the right to decline entering into a multi-agent agreement and reserves the right to cancel this sole agency agreement with immediate effect. Any set-up fee is non-refundable, and our withdrawal fee will become due for payment immediately by you.

8. Sale Board

Unless otherwise stated we will erect a marketing board as soon as possible. The law allows the display of one board at the property in accordance with Town & Country planning act 1987. However, should you choose not to have a marketing board displayed please advise your agent prior to marketing your property. In the event you wish to have the board removed, or remove yourself, then ask to re-instate the sign, there would be an additional charge of £60 plus VAT added to the sales commission, or should you withdraw the property from Ginger, this will be added to the withdrawal fee. Ginger use a third party provider. Ginger are not responsible for any damage caused to your land, property or third party person or property. You will need to approach the board provider/installer.

9. Sales details

We must, by law, ensure that all information supplied about your property is accurate and is not misleading. You must confirm that everything in the sales details/ particulars is correct, written details form part of the legal sales contract and is sent to solicitors along with the sale memorandum. Floor plans and photographs must be approved by you. It is essential that you inform us if the sales details are incorrect or if any changes take place later, which may require the sales details to be amended. Ginger is not able to market your property until we have received written confirmation. By signing you agree that you will not pursue ginger for any mis-description of your property. The seller(s)/vendor(s) take total and full responsibility for confirming that published details are accurate to the best of your understanding. We cannot market the property until we receive your signed approval.

10. Rules of engagement/viewings

It is the seller(s) responsibility to make sure the property is presentable, clean and tidy for all viewings. It is expected that our clients ensure there are no trip-hazards, obstacles or dangers presented for our arrival and the arrival of viewers/surveyors or our representatives. We do not insure against accidents or injury caused by the seller(s)/vendor(s) persons or property and any such incidents, injuries or claims may be pursued against the seller/vendor. In addition, Ginger Lifestyle ltd are not responsible by any damage/injury caused by a viewer(s), their children or any other accompanying buyer/representative or third-party contractor. If you authorise that we release keys to a third party on your behalf we will require written consent and we will not be responsible for the keys whilst in their possession. If we repeatedly encounter the property not fit for viewing or in a sale-able condition as to be expected, then Ginger Lifestyle Ltd reserve the right to cancel our agency agreement with immediate effect. Any set-up fee remains non-refundable and the withdrawal fee become due.

11. Services to the vendors and prospective buyers.

Ginger Lifestyle Ltd, may offer you and prospective buyers services related to the property transaction. Services may include recommendations to mortgage and financial consultants, insurance, removals, surveys, valuations for which we may receive remuneration from the supplier for any services provided. By signing this agreement, you give permission for our partner services to contact you. Ginger Lifestyle Ltd may recommend third-party services to you and our clients, it is to be understood that such recommendations are given in good-faith and you, and our clients should make your own judgement and take correct advice should you decide to take up any services from providers that have been recommended. Ginger Lifestyle Ltd do not hold any responsibility for any arrangements you make with any recommended third-party service.

In addition, we instruct third party contractors to carry out services to list your property. Please note, we (the agent) are not responsible for any such contractors undertaking any service at your property, e.g., photographers, EPC, drone & video photography, trades people and any other contractors providing their service for you, the client.

We have requested that any third party carrying out such services at your property inform you of their insurances ahead of carrying out their service and advise you to request the same information upon their arrival if you feel it required. In the event of any damage or injury caused by third party service providers, then such matters are between you and the provider to rectify. Ginger Lifestyle Ltd waive any responsibility and by signing this agreement, you acknowledge and confirm you will not make any claim against Ginger Lifestyle Ltd.

12. Unoccupied property

Ginger is not responsible for the maintenance or repair of your property if it is unoccupied unless we have agreed otherwise in writing. It is your responsibility to ensure that main services are turned off, Water and heating systems are professionally drained, and insurers notified. You must also ensure the property is always safe and secure. We are not responsible to conduct periodical checks on the property for your insurers etc, if you would like us to perform this task there would be a charge per visit.

12a. Keys

Ideally, we require a key for your property to be made available to us for viewings/access needs. Upon completion of sale we will make the key available to your buyer. If we are not given a key by yourselves, then you are responsible to hand the key to the new owner once authority to release has been given by your solicitor upon completion. Ginger are unable to assist with this process if the key is not made available to us at least two days prior to completion.

13. Disclosure

Under the Estate Agents Act 1979 the vendors must inform the agent if they or their relatives have any connection with Ginger Lifestyle Ltd . Ginger must disclose if the company or employees have any personal connection with the buyer, vendor or any relation of the seller or buyer.

14. Discrimination

Under section 3(1)(b) of the Estate Agents Act 1979 we will not discriminate against any person under any section of the sex discrimination act 1975, or the race relations act 1976.

15. Cooling off period

Your statutory right is to have 14 days cooling off period from the date you sign any agency agreement. However, we do not tie you into a fixed term contract, therefore should you change your mind after signing the agreement you, the seller/vendor, are entitled to cancel this agreement by serving 24 hours’ notice to terminate the agreement at any time. Notice must be made in writing and sent to Ginger Lifestyle Ltd by emailing enquiries@gingerhomes.co.uk. Any upfront fees are non-refundable, or a withdrawal fee if applicable remains due for payment.

If ginger introduce or have negotiations with the ultimate buyer of the property before you exercise your right to cancel the contract, then this contract will therefore be deemed to have been fully performed and the agreed agency fee would be due, notwithstanding that cancellation took place.

Please note, any set-up fee is non-refundable, should the marketing materials be produced, photos, floor plans, details etc then any withdrawal fee agreed in the contract is payable as per our termination agreement whether or not the property has been publicly marketed.

16. Energy performance certificate.

A valid EPC is required for all properties offered for sale or rental. The EPC must be commissioned within seven days of signing our agreement. If it is not in place within 28 days, the property must be withdrawn from the market until the EPC is available. If an EPC is provided within a package from ginger, then we, the agent, are responsible for providing the EPC in required time frame. You must, however, accommodate the assessor and are required to make an appointment available to the assessor within the legal timescales. If the property is unoccupied then should you allow, we can make the keys available to the contractor to gain access themselves. If the package with us requests you cover the cost f the EPC then it is your responsibility to do so within the legal time frame.

17. Money laundering regulations

In line with The Money Laundering Regulations 2007, as a regulated profession, we are duty bound to carry out due diligence on all our clients to confirm their identity. We use an electronic verification system. By signing this agreement as the seller, you understand that we will undertake a search with a HMRC appointed agency for the purposes of verifying your identity. To do so, the agency may check the details you supply against any on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained. In addition, we are required to carry out the same due diligence on purchaser/ tenants. We may be requested to supply your ID numbers and national insurance numbers and will require this information from you if asked for from such AML providers.

18. Liability

Ginger lifestyle Ltd act as agent to the client. Ginger lifestyle Ltd do not accept any liability for any damage that may be caused to the property whilst it acts as agents unless as a direct consequence of a breach of duty or omission of fault by any representative of Ginger Lifestyle Ltd. It is, and remains, the client’s direct responsibility to ensure that the property is fully secure particularly if left vacant. Any damage caused by prospective buyers/ tenants/ appointed 3rd-party contractors to personal belongings or property these damages/injuries are not the responsibility of Ginger Lifestyle ltd.

19. Complaints Procedure

In accordance with The Property Ombudsman (TPO) regulations Ginger Property Limited and Ginger lifestyle Ltd has a written complaints procedure, available on request and publicly available on our website www.gingerhomes.co.uk

20. Jurisdiction

This agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England and Wales.

21. Ownership

By signing the agreement, you confirm you are the legal vendor(s) or have power of attorney or the legal right to instruct ginger Lifestyle Ltd to market the property.

Ginger Lifestyle Ltd

Company Registration 09690842 Registered in England

Member of The Property Ombudsmen, Trading Standards UK approved code of practice and member of Information Commissions office

Member of Client Money Protect & Tenants Deposit Scheme for our lettings service

Registered office 12 Payton Street, Stratford upon Avon CV37 6UA.

VAT registration 325 0830 30