Gauld Estate Agents
2–6 Abington Square, Northampton, NN1 4AA
T: 01604 620 620 · E: info@gauld.uk · W: https://gauld.uk/
Version: 1.0 · Effective date: 20/10/2025
1) Who these terms are for and how our contract starts
These terms apply when you (the Seller) instruct Gauld Estate Agents (we/us) to market and sell a residential property in England or Wales.
Forming the contract. Our contract starts when you sign our instruction (electronically or on paper) or when you confirm in writing that you want us to begin marketing, whichever happens first.
Zero‑week tie‑in. We don’t operate minimum fixed‑term tie‑ins. You may end the contract at any time by written notice (see §14), subject to the post‑termination introduction period in §9.
Off‑premises & distance contracts. If you instruct us away from our office (e.g., at your home) or entirely by phone/email, you usually have a 14‑day cooling‑off period under the Consumer Contracts Regulations. If you ask us to start marketing during that period, you acknowledge we may charge for pre‑agreed, optional marketing extras actually incurred if you later cancel within the 14 days. Legislation.gov.uk+1
2) Our service (what we do)
We provide a full estate agency service designed to achieve the best outcome with care and discretion:
Valuation & pricing advice. Guidance on price and strategy (not a guarantee).
Premium marketing. Professional photography/film, portal listings, brochures, digital campaigns, and (with consent) a ‘For Sale’ board compliant with advertisement rules.
Material information & EPC. We help collate legally required material information and ensure the Energy Performance Certificate (EPC) rating is displayed before/when marketing begins. You must arrange and fund the EPC unless agreed otherwise. GOV.UK+1
Viewings. Hosted 7 days a week by appointment. We will take reasonable care of keys and the property when conducting viewings.
Offers & negotiation. We verify buyers (ID, proof of funds/chain) and negotiate to secure the best price and terms for you.
Sale progression. Once a sale is agreed, we issue a memorandum of sale and liaise with conveyancers to progress to exchange and completion (we don’t provide legal advice).
3) Your responsibilities (Seller)
You agree to:
Accuracy & disclosure. Provide complete and accurate information about the property (title, boundaries, alterations/consents, known defects, restrictive covenants, service charges/ground rent, utilities, parking, flood history, etc.). You must disclose all material information a typical consumer needs to make an informed decision. GOV.UK
EPC. Commission an EPC before marketing (unless exempt) and share the certificate number with us. GOV.UK
AML/identity checks. Complete our anti‑money laundering (AML) checks (photo ID, proof of address, source of funds if applicable) and any sanctions screening we must perform. We cannot market or proceed without satisfactory checks. GOV.UK+1
Access & safety. Ensure safe access for viewings and advise us of alarms, pets, hazards, or special instructions.
Authority to sell. Confirm you have the right to sell and disclose any joint owners, tenancies or occupiers.
4) Agency basis (sole, joint, multi)
We will confirm your chosen instruction type in writing:
Sole Agency. We are the only agent appointed. Our commission is payable if a buyer we introduce (or another person we have had negotiations with during our agency) exchanges contracts.
Joint Sole Agency. You appoint us with one other named agent; a single commission (at the agreed joint rate) is payable to whichever agent introduces the buyer (or as otherwise agreed).
Multiple Agency. You instruct more than one agent; our multi‑agency fee applies if we introduce the buyer.
We do not operate “sole selling rights” unless expressly agreed in writing.
5) Fees, costs and when you pay
No Sale, No Fee. Our commission becomes due on exchange of contracts and is payable on completion (your conveyancer will normally settle the invoice from completion proceeds).
Commission rate. [Insert %] of the final sale price plus VAT at the prevailing rate.
Inclusive marketing. Standard marketing is included in our commission. Optional extras (e.g., bespoke films, premium portal features, staging, 3D scans) are chargeable only if you request them in writing and will be itemised at cost + VAT.
Withdrawal. If you withdraw the property or end the contract before exchange, no commission is payable. If you asked us to begin marketing within the 14‑day cooling‑off period and then cancel within that period, you’ll reimburse any optional extras you authorised and we have already incurred. Legislation.gov.uk+1
VAT invoices & interest. Invoices state VAT separately. Overdue sums may accrue interest at 3% above the Bank of England base rate until paid.
Referral fees (transparency). If we receive a referral fee (e.g., for introducing a conveyancer, mortgage broker or surveyor), we will disclose who, what service, and the amount or method of calculation to you in writing at the earliest opportunity and on our marketing/particulars where appropriate. National Trading Standards+1
6) Material information & property particulars
We will prepare sales particulars and online listings using information you provide and public sources.
You must review and approve particulars quickly and tell us about any errors or updates.
We will display the EPC rating and material information required by UK consumer law and current CMA/DMCC guidance on unfair commercial practices. GOV.UK+1
No warranty. Descriptions are for marketing and not a contractual representation or warranty. Buyers should rely on their own inspections and legal searches.
7) Viewings, keys and for‑sale boards
With your permission, we may erect a For Sale board and will remove it promptly once a sale is complete.
You may provide keys for accompanied viewings; we will store and handle keys securely and only release them to authorised persons.
While we take reasonable care during viewings, we are not responsible for loss or damage unless caused by our negligence.
8) Offers & proof of funds
We will report all offers to you promptly and in writing, verify buyers’ identity and funding position (including any chain), and continue to market the property until you instruct us to mark it Sold Subject to Contract (SSTC).
You choose whether to accept, reject, or negotiate offers. We will act on your lawful instructions and in your best interests.
9) Ending the contract & post‑termination introductions
You can end this contract at any time by written notice to info@gauld.uk or to our office address.
If within 6 months after our instruction ends you exchange contracts with a buyer we introduced or with whom we negotiated during our instruction, our commission is payable (unless you have re‑appointed another sole agent after our instruction ended and that agent introduced the buyer). This prevents dual‑fee risk and reflects industry codes. We will always act to avoid dual fees where possible. House of Commons Library
10) Anti‑Money Laundering (AML) & sanctions
We are supervised by HMRC for AML. We will perform Customer Due Diligence (CDD), risk screening, and keep records as required by law. We may be legally required to decline instructions or cease acting if checks are not satisfied, and we may need to submit Suspicious Activity Reports without notice. From time to time, additional sanctions screening requirements may apply. GOV.UK+2GOV.UK+2
11) Data protection & privacy
We process personal data in line with the UK GDPR and Data Protection Act 2018. Our Privacy Notice explains the purposes, lawful bases, sharing, and your rights; it’s available on request and on our website. For transparency and your right to be informed, see the ICO guidance we follow. GOV.UK+1
12) Complaints & redress
We aim to resolve issues quickly and fairly through our two‑stage internal complaints process (details available on request and on our website). If you remain dissatisfied once our process is complete, you may escalate to our approved redress scheme:
[Insert: The Property Ombudsman (TPO) / Property Redress Scheme (PRS) – membership number & contact details].
Membership of an approved scheme is required by law for residential estate agents. Legislation.gov.uk+1
13) Liability
We do not exclude liability for death or personal injury caused by our negligence, fraud, or any other liability that may not be excluded by law.
Subject to that, we are not liable for indirect or consequential loss (e.g., loss of profit, opportunities, or special damages).
Our total liability to you in connection with our services is capped at the amount of commission actually paid to us for the relevant instruction.
You are responsible for the accuracy of information you supply. If you provide incorrect or incomplete information that causes loss, you agree to indemnify us for reasonable losses we incur as a result.
14) Notices
Formal notices must be in writing and sent by email to info@gauld.uk or by post to 2–6 Abington Square, Northampton, NN1 4AA. Notices are deemed received when delivered by hand, 2 business days after posting first‑class, or on the day an email is sent (if sent before 5pm on a business day).
15) General
Assignment. You may not transfer this contract without our consent. We may assign or subcontract reasonable parts of our service (e.g., photographers) but remain responsible to you.
Waiver. No delay in exercising rights is a waiver.
Severance. If any term is unlawful or unenforceable, the rest remain in force.
Entire agreement. This document and the instruction letter form the whole agreement between us regarding the marketing and sale of the property.
Law & jurisdiction. The laws of England & Wales apply; courts of England & Wales have exclusive jurisdiction.
