Terms & Conditions
Sales Terms & Conditions (See Letting Terms & Conditions Below)
Chrome Residential are obliged to ensure that any information used in the marketing of your property does not mis-represent your property or mislead a potential purchaser. It is important that the information about your property is accurately recorded and forms a true representation of your property as any prospective purchaser may rely upon this information to conclude a sale.
BEFORE YOU SIGN THIS CONTRACT, PLEASE READ THE TERMS AND CONDITIONS AND CLARIFY ANY POINTS OF POSSIBLE MISUNDERSTANDING THAT YOU MAY HAVE WITH THE AGENT OR OUR OFFICE
TERMS & CONDITIONS: The Estate Agents’ Act 1979 requires Marketing Fees and Chrome Residential (We/Us/Our) terms of business to be confirmed in writing and these are set out below.
The initial term of this Contract stated overleaf starts from the effective date (that being the date from which we may start marketing the property – see Notice to Cancel / Waiver below). Thereafter you may terminate this Contract by giving us 14 days notice in writing, but we reserve the right to cease marketing earlier if we deem it appropriate.
As the Vendor ‘You’ hereby agree to appoint us to act as your Agent from the date of this Contract of Agreement on a Sole Selling Rights* basis, unless otherwise indicated above. You will be liable to pay us our Marketing Fee (in addition to any other charges or costs which you have agreed) if an agreement to sell is reached during the period within which this Contract is valid and / or if an offer to purchase is made and accepted from an applicant, introduced by us during such period, within a further term of 6 months from the date of cession or termination of this Contract. If no other Estate Agent is involved this term extends to 2 years. *Sole selling rights are paramount and our fees apply even if the purchaser was not found by us. You may be liable to pay more than one fee if you have previously instructed another agent to sell the same property on a sole agency, joint sole agency or a sole selling rights basis; or you instruct another agent during or after the period of your sole agency, joint sole agency or on a sole selling rights basis.
If Joint is selected the fee will be shared with the appointed joint agent. If multiple agency is selected the fee will be due to the successful agent. In either of these cases the fee will be higher than a Sole Selling Contract.
Our Marketing Fee is based on the total value of the transaction, including the price of any fixtures, fittings and agreed items. The amount charged will normally be specified (fixed) but may be stated as a percentage. All upfront fees are non refundable.
We will market the property for sale using our best resources including, inter alia, internet advertising on our and many other major web portals, our net-work of contacts and an extensive database of applicants to attract a suitable buyer, however you may ask for your property to be advertised in further specific or various publications which are not part of our normal advertising plan. In such instances, any added cost will be for your own account. We will agree the cost with you beforehand.
Upon acceptance by you of an offer, we will be entitled to submit our account to your Conveyancer / Solicitor. You unconditionally authorise your Solicitor to make payment of our invoice upon completion.
Where there is more than one vendor you are jointly and severally liable to pay our fees. Where the vendor is a limited company, all Directors of the company are liable jointly and severally for our fees. This applies irrespective of when a Director may be appointed to the company.
Under the Estate Agent’s Act 1979, we are obliged to provide information on the services that we, or any connected person, may offer to buyers. We may offer: financial services, property valuation, conveyancing, letting & property management, and associated other services.
It is an offence to make a false or misleading statement about a property and you confirm that the property schedule we have created from your inputs fairly and accurately describes and represents the property and is based on the information that we have established about your property during our visit or that you have provided to us. You agree to notify us in writing immediately if any information changes or if you identify any marketing details (written or spoken) which are misleading or simply wrong.
We are not responsible for the maintenance, management, repair, or insurance of any property, nor for any unfortunate misplacement of keys, unless we have agreed to this in writing. An additional fee may be charged in such instances. It is your responsibility to ensure that where your property is unoccupied, it is adequately secured and maintained.
To comply with Money Laundering Regulations 2003, we must obtain proof of address and evidence of your identity.
We will endeavour to work diligently towards our joint objective, but in the event that you have cause to complain, this should be directed to the agent with whom you have agreed to the marketing of your property, in the first instance. We have a Complaints Procedure which provides for appropriate escalation if necessary, details of which are available upon request.
Right to Cancel – If you are a consumer client and this contract was not agreed within one of our branches you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day this contract was agreed.
If you do request that we begin immediate marketing of your property during the cancellation period and you do exercise your right to cancel, you will be required to pay us an amount which is in proportion to what has been performed until you communicated your cancellation of the contract. This will include the expenses incurred in line with the expenditure schedule above plus any other reasonable costs. Where we introduce or have negotiations with the ultimate buyer of the property before you exercise your statutory right to cancel the contract, this contract will be deemed to have been fully performed and the agreed agency fee would be due, notwithstanding that cancellation took place.
Lettings Terms & Conditions
It is hereby agreed that we may deduct from rental received, all fees, commissions, charges and expenses payable or reimbursable to us under the terms of this Agreement. The owner agrees to ratify all lawful actions taken by us as Letting and/or Managing Agents under this Agreement, and to indemnify us against all costs and expenses so incurred. This Agreement will remain in force until terminated by service of 2 month’s notice by one party on the other subject to a minimum 12 month term. If the property is managed by us the minimum term will be in line with the new or renewed lease. Our Service does not include supervision of the property whilst unoccupied although periodic visits may be made by our associates in the process of re-letting. Use of our service constitutes your agreement to these terms. Any fees due shall be deducted from my/our rental account.
I/We accept that it may not be possible to find a suitable tenant for the full period as stated below.
If the tenants default on payment of the rent – I/we understand that no payment will be made to my account until funds become available. I/we understand that every effort will be made to ensure that rents are collected promptly from tenants but that we cannot accept any responsibility for delays in collecting rents due to non-payment of rent by tenants. I/we accept that you will endeavour wherever possible to give me as much notice as possible of non-payment of rent. You will provide me/us with monthly statements, which will detail all income and expenditure for the period.
I/We accept that any sums paid to my account shall not include interest accumulating on monies held in my name in your account, which interest shall be held to cover accounting and other costs incurred by you in the operation of the client account.
I/We agree that an authorised signatory of Chrome Residential may execute the lease on my behalf. I also understand that Chrome Residential will undertake checks using electronic methods to verify my identity and satisfy Money Laundering regulations.
I/We agree that the letting fees will cover the services as indicated overleaf. These may include:
Inspecting my/our property and supplying me/us with either a verbal (or written if requested) marketing report and advising me/us of an appropriate likely rental income. Preparing property details for marketing and circulating to potential tenants. Arranging viewing of the property and accompanying prospective tenants when the property is vacant. Interviewing prospective tenants. Taking up tenant references (including obtaining parental guarantee, if appropriate). Drawing up a lease and specified notices (and servicing same) in accordance with the relevant legislation. Collection of a security deposit equal to one month’s rent or as agreed. Crediting net rental receipts into my/our nominated Bank/Building Society account or directly to me/us. Advising tenants of their liabilities to relevant authorities and public utilities including payment of Council Tax. Deal with any necessary insurance claims on your behalf, which is a chargeable function.
And if Managed by us:
Receiving and accounting for rental on a monthly basis.
Submitting a Statement of Account and Expenditure to me/us on a monthly basis. Informing me/us immediately of non-payment of rent and if appropriate taking action to pursue rent arrears where necessary; any costs incurred by you in pursuing rent arrears will be met by me/us after prior consultation. Carrying out regular inspections of the property as agreed with me/us.
I/We accept that such inspections will only expose obvious defects and that you cannot accept responsibility for hidden or latent defects.
Organising where necessary, repairs and routine maintenance work.
Dealing with tenant’s’ enquiries during the period of the lease.
Dealing with any extensions or alterations to the lease and advising me accordingly. Serving a Notice to Quit, where necessary.
Advise on compliance with the Gas Safety (Installation and Use) Regulations 1994 with regard to the inspection, maintenance, and keeping of records in respect of all gas appliances in tenanted premises, the owner/landlord being responsible for all costs involved.
Advise on and ensure compliance with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 & 1993) with regard to minimum fire resistant standards of specified items supplied in the course of letting property, the owner/landlord being responsible for all costs involved.
Cancellation: You have a right to cancel this contract within 14 days from the date of signing. Notice must be served to the address below. Should a landlord withdraw their property after accepting a proposed tenant, who has successfully passed our referencing checks and is willing and able to take on the tenancy, then the Landlord will be liable to pay us the sum of £249.00 + VAT for our services rendered until that point.
In the event of the tenants failing to vacate the property after being served with a Notice to Quit, I/we will not hold you responsible.
I/We understand it is our duty to ensure that sufficient insurance policies are in place to cover the repair & legal costs involved.
Chrome Residential understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this site and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
|“Account”||means an account required to access and/or use certain areas and features of our site;|
|“Cookie”||means a small text file placed on your computer or device by our site when you visit certain parts of our Site and/or when you use certain features of our Site. Details of the Cookies used by our Site are set out below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
- Information About Us
Our Site is owned and operated by Chrome Residential, company registered in England under company number 8533026
Registered Office: Court House Claver Street, Kennington Road London SE11 4DZ
Email address: firstname.lastname@example.org
Telephone number: 020 8004 9697
- What Does This Policy Cover?
- What is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
- What Are My Rights?
Under the GDPR, you have the following rights, which we will always work to uphold:
- ii The right to access the personal data we hold about you.
- iii The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us to find out more.
- iv The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us to find out more.
- v The right to restrict (i.e. prevent) the processing of your personal data.
- vi The right to object to us using your personal data for a particular purpose or purposes.
- vii The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
- viii Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
For more information about our use of your personal data or exercising your rights as outlined above, please contact us.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
- What Data Do We Collect?
- Date of birth;
- Email address;
- Telephone numbers;
- Business name;
- Job title;
- Payment information;
- Information about your preferences and interests;
- IP address;
- Web browser type and version;
- Operating system;
- A list of URLs starting with a referring site, your activity on our Site, and the site you exit to;
- Property information
- Details of tenancies you may hold and associated information
- How Do You Use My Personal Data?
Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:
- Providing and managing your Account;
- Providing and managing your access to our Site or services;
- Personalising and tailoring your experience on our Site;
- Supplying our products and services to you. Your personal details are required in order for us to enter into a contract with you.
- Personalising and tailoring our products and services for you.
- Communicating with you. This may include responding to emails or calls from you.
- Supplying you with information by email, text message and post that you have opted-in to by requesting information from us. You may unsubscribe or opt-out at any time by clicking the appropriate unsubscribe link or replying with the word “unsubscribe”
With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone, text message and post with information, news, and offers on our products and services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.
Third Parties including Google whose content appears on our Site may use third-party Cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.
- How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Depending on the services you use there are different legal time limits for how long we must keep your data.
- How and Where Do You Store or Transfer My Personal Data?
We will only transfer your personal data to countries that the European Commission has deemed to provide an adequate level of personal data protection. More information is available from the European Commission.
Where we transfer your data to a third party based in the US, we ensure they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar to those in Europe. More information is available from the European Commission.
- Do You Share My Personal Data?
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
we may share your personal data with other companies in our group. This includes subsidiaries or our holding company and its subsidiaries.
If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law.
- How Can I Control My Personal Data?
- In addition to your rights under the GDPR, when you submit personal data via our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails or at the point of providing your details and by managing your Account.
- You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
- Can I Withhold Information?
You may access certain areas of our Site without providing any personal data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.
- How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal address.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
we will respond to your subject access request within two weeks and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
By using our Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. Third-party Cookies are used on our Site for Google Analytics. These Cookies are not integral to the functioning of our Site and your use and experience of our Site will not be impaired by refusing consent to them.
All Cookies used by and on our Site are used in accordance with current Cookie Law.
Before Cookies are placed on your computer or device, you will be shown a consent bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of our Site may not function fully or as intended.
In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details for the attention of Data Protection Officer
Postal Address: 4A Roman Road, London E6 3RX
Email address: email@example.com
Telephone number: 020 8004 9697
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.