INSTRUCTIONS

1. These conditions of business set out the working relationship and terms of agreement between us, Cullerton’s, and you. By entering into an agreement with us you agree to accept these terms and that they remain in force unless or until we mutually agree otherwise.
2. As an intermediary, we can only act on information and instructions given to us. You should not assume that we have knowledge of any factual matters. You can advise us either verbally or in writing, although we may ask you to confirm verbal instructions to us. If we are acting for more than one person we may take instructions from one person on behalf of the others and all will be fully liable for any actions taken or fees incurred. If there is any change in your instructions, you must notify us immediately. Whenever possible we will use email when we are writing to you.
3. Your business will be handled by Mark Cullerton or a representative of the Cullerton’s team. He/she can be contacted during the office opening hours (Monday – Thursday 9am – 6pm, Friday 9am – 5pm, Saturday 10am – 2pm, Sunday 10am -4pm). If you have any difficulty in making contact, then you should leave a message via email or landline/mobile phone.

CHARGES

1. All fees and outlays are due to be paid on conclusion of missivessettlement and transferred to Cullerton’s as previously agreed by mandate. In the event that there is an outstanding sum due by you on fees and outlays the Firm, at their sole discretion, reserve the right to charge interest at 1% per month (APR 12.68%) compound at monthly stops on any debit balance.
2. Our fees are negotiated and agreed in advance. If the transaction involves a major increase in the amount of work or suddenly acquires some new complexity then we reserve the right to charge an additional fee, that would be agreed in advance, of the additional charge.
3. An outline of all fees will be emailed to you along with the Terms of Engagement.

GENERAL

1. Our aim is to provide an efficient service, but if you are unhappy about any aspect, then please discuss your concerns in the first instance with the person dealing with you. However, if that would cause you difficulty or embarrassment please speak to our Client Relations Officer and owner, Mark Cullerton. If the matter cannot be resolved then you are always entitled to refer it to The Property Ombudsman of which we are a member.
2. Information provided to us will be dealt with in confidence and will only be disclosed to parties authorised by you or as required by the Property Ombudsman or any other authorised body.
3. For the avoidance of doubt, we do not hold ourselves out as offering any specific advice in relation to taxation issues and specialist advice should be taken. The exception to this is Land and Buildings Transaction Tax (LBTT).
4. Any files that we may hold relating to your transaction(s) will be destroyed 10 years after the completion of the matter(s). Files may be held in electronic format.
5. We occasionally receive commission from other organisations when we purchase services on your behalf. These payments will be retained by us.

MONEY LAUNDERING

We are required to comply with Money Laundering Regulations and we will carry out identity checks on all new associates and clients. We cannot transact with you without being satisfied on these issues. We will not accept any payments in excess of £1500 in cash to this firm as this will have adverse safety and insurance implications for us.

POINTS TO NOTE

1. The Estimate shows V.A.T. If the Government should vary this duty during the course of the transaction, the increase will be passed on to you.
2. In addition to the above, you may have to provide for payments to other parties, e.g. to the surveyor for the home report
3. You are responsible for all legal fees and outlays in connection to your property transaction. These are in addition to Cullerton’s introductory fees.
4. The proposed fee is based on the sale/purchase price. If a sale price is higher/lower than the valuation this will result in a variation in the fees, since the estate agency fee is a percentage of the figure achieved.
5. If you decide not to sell your property after it has been marketed by us all marketing and advertising costs stated on your contract will still be payable. If we receive an offer at or in excess of Home Report valuation which you then decline, we reserve the right to submit our fee note for payment as if the property had sold.
6. If you purchase/sell the property within twelve months of our introduction to the seller/buyer we reserve the right to charge the fee quoted, or, in the absence of a quoted fee, we reserve the right to charge 1% of the transaction value, excluding VAT.