Andrew Brown – TERMS & CONDITIONS
These terms of business apply to properties listed for sale with Andrew Brown
1. The agency commission will be calculated according to the eventual selling price agreed. Clients selling can either agree to list with Andrew Brown and other agents or agree to an exclusive listing on lower commissions only with Andrew Brown
Andrew Brown Exclusive Agency – charges are as follows:
4% plus IVA subject to a minimum fee of €5,950 plus IVA
If clients elect to list Multi Agency (with other agents), the commission will be charged as follows:
5% plus IVA subject to a minimum fee of €5,950 plus IVA
2. Andrew Brown will be selling agents for the initial period of 16 weeks from the date of this agreement. The agreement will continue after this period unless terminated by either party giving four weeks written notice. The vendor agrees not to instruct any other agent to sell the property during the agreed period without prior agreement with Andrew Brown unless you initially elect to list Multi Agency with other agents at time of agreement and agrees not to put up any additional for sale boards – private or otherwise. If you selected Andrew Brown Exclusive Agency, after the initial 16 week period you may appoint other agents, if you do so our Multi Agency commission will automatically apply.
3. You will be liable to make payment to us, in addition to any costs or charges agreed, if at any time the sale of the property takes place with a purchaser introduced by us during the period of our agency, or with whom we had negotiations about the property during that period, or with a purchaser introduced privately, or by another agent during our exclusive agency period. The commission will be due on signing of a private purchase agreement by both parties, however Andrew Brown are normally happy to wait until completion of the transaction provided that you instruct your solicitor to pay our fees out of the proceeds of sale and that completion take place within a reasonable amount of time from signing the purchase agreement. Our commission charge is inclusive of all fees and expenses except where you specifically authorise us to carry out expenditure in respect of, for example, national advertising. If this payment is not received within seven working days from legal completion, we reserve the right to charge interest at 3% above the prevailing Bankia base rate due from completion. In addition should our fee require collection proceedings, legal costs may be added.
4. We will erect a For Sale’ board at the property (where possible). The seller agrees that no other For sale / Se Vende or similar boards can be displayed whilst Andrew Brown remain agents.
5. We intend to offer prospective purchasers mortgage and financial advice we will also offer vendors financial advice. This will include passing your personal contact details to banks, solicitors and currency exchange companies to help offer the buyer and vendor a better service. In some cases a commission may be earned from these services.
6. Andrew Brown cannot accept responsibility for the maintenance or repairs of unoccupied properties for sale unless also appointed to manage the property.
7. The property will be marketed at the agreed price plus taxes. The agreed price does not represent a valuation. We will endeavour to ensure that the vendor receives the best price possible. Details of the property contents included in the sale will be included in the property particulars.
8. If there is any breach of these terms of business by the vendor the property will be withdrawn from sale and the vendor will be charged for administration expenses this includes a €450.00 + IVA fee for your 3D Tour if applicable.
9. When a sale is agreed on the property a non refundable deposit of €5,000 will be taken by us from the proposed purchaser. Should the purchasers withdraw from the sale Andrew Brown will retain the deposit for expenses incurred.
10. When a sale is agreed on the property verbally by both parties and the deposit agreement has been signed by the buyer and also the non refundable deposit paid by the buyer. The vendor is liable to administration expenses of up to €2.500 + IVA if they do not proceed to sign the deposit agreement within 10 days of the deposit agreement being made.