Terms of Business

Dear vendor,

On behalf of the team at McArthur Estate Agency, we’d like to thank you for deciding to use our service to sell your property. This is because we are passionate about looking after our customers and providing the best possible outcome for you and your family.

Therefore, our terms of business are designed to be customer friendly. This is because we don’t believe in waffle and confusion! Of course, agreements are important, but we try and keep it simple. 

  • We don’t charge withdrawal fees ourselves;
  • We offer a 14-day ‘cooling off’ period to all customers;
  • After an initial 3-week marketing period, we only require 5 days’ notice to withdraw.

This is a significantly shorter time period than most of our competitors. 

If you are switching to McArthur Estate Agency from another agent, please note that it is your responsibility
to check their terms and conditions to ensure that you are not liable for dual fees in the event of a sale. Please do this before signing any agreements. 

We know that selling a home can be among one of life’s most stressful events. We, therefore, make it our ambition to both minimise your stress levels. If, however – at any point – you are concerned about the sale of your property or our performance as a business, please give me a call on 07825 335 893 and I’ll do my best to help you. 

We are delighted to be working with you.

Shaun McArthur

Director, McArthur Estate Agency, Doncaster

Email Me

  1. Definitions and Interpretations

    1. “Buyer” means a person entering into a Memorandum of Sale with the Seller for the purchase of the Property.
    2. “Business Hours” means 9.00am to 5.30pm on a day other than Saturday or Sunday on which banks are open for business in London.
    3. “Fee” or “fees” means either the fixed fee or the commission as specified in the sales agreement.
    4. “Memorandum of Sale” means the document issued by MEA under which the sale details have been collated. The MoS will be issued to acting solicitors.
    5. “Multiple Agent” means the Seller has instructed MEA (as specified in the table above) to sell the Property as one of a number of estate agents and/or private sale websites and that the Fees will be payable as set out in term 5.
    6. “MEA” means Shaun Mcarthur Properties Doncaster Limited, T/A McArthur Estate Agency
    7. “Period of Agency” is the period of time as detailed in the sales agreement.
    8. “Private Sale” means a sale of the property to a Buyer who you personally and directly made aware that the Property is available for purchase and shall not include any sale to a Buyer who was initially made aware of the Property via MEA’s performance of the Services (for example, from listings placed by MEA on Rightmove, On the market or a similar property portal site, or through seeing an MEA board outside the Property).
    9. “Private Sale Website” means a site where the customer can directly upload details of the Property (such as www.sellyourownhouse.co.uk or gumtree.com) but does not include property portal sites such as Rightmove or Zoopla.
    10. “Property” means the Property being marketed by MEA as detailed within the table above.
    11. “Sale Price” means the price agreed between the Buyer and the Seller for the purchase of the Property as specified in the Memorandum of Sale.
    12. Seller/vendor means the person named within the sales agreement.
    13. “Services” means the following estate agency services to be supplied by MEA to the Seller:
      1. taking one set of marketing photographs of the Property;
      2. producing an appropriate description of the physical features of the Property; 1.13.3  uploading the Property details to MEA’s website;
      3. marketing the Property via appropriate local / national marketing channels (including online portals.
      4. arranging viewings of the Property during Business Hours; and
      5. negotiating and forwarding all offers from potential Buyers to purchase the Property to the Seller.
    14. “Sole Selling Rights” means that the Seller has instructed MEA (as specified in the table above) as the exclusive agent with rights for the Period of Agency to sell or negotiate the sale of the Property and that the Commission will be payable as set out in term 3.

  2. Services

    1. MEA shall provide the Services in accordance with the terms of the agreement and shall perform the Services with reasonable care and skill and in compliance with all applicable laws and professional obligations and standards.
    2. MEA is appointed with either Sole Selling Rights or as a Multiple Agent as specified in the table above.

  3. Commission and Other Charges

    1. The commission shall be payable:
      1. when MEA is engaged with Sole Selling Rights in accordance with term 4; or
      2. when MEA is engaged as a Multiple Agent in accordance with term 5.

  4. Commission For Sole Selling Rights

    1. Where MEA is appointed with Sole Selling Rights, the Seller will be liable to pay Fees to MEA in addition to any other costs or charges agreed in each of the following circumstances:
      1. if unconditional contracts for the sale of the Property are exchanged in the Period of Agency, even if the Buyer was not found by MEA but by another agent or by any other person, including where the Buyer was found by the Seller; or
      2. if unconditional contracts for the sale of the Property are exchanged after the Period of Agency but with a Buyer introduced to the Seller (sales will be seen to have been due to such an introduction unless the Buyer was introduced by another agent, obtained via a Private Sale Website or if there is a Private Sale) by MEA during the Period of Agency or with whom MEA had negotiations about the Property during the Period of Agency.

  5. Commission For Multiple Agency

    1. Where MEA is appointed as a Multiple Agent, the Seller will be liable to pay comission to MEA, in addition to any other costs or charges in each of the following circumstances:
      1. if unconditional contracts for the sale of the Property are exchanged with a Buyer in the Period of Agency unless the Buyer was introduced by another agent, obtained via a Private Sale Website or if there is a Private Sale during the Period of Agency; or
      2. if unconditional contracts for the sale of the Property are exchanged after the Period of Agency but with a Buyer introduced to the Seller (sales will be seen to have been due to such an introduction unless the Buyer was introduced by another agent, obtained via a Private Sale Website or if there is a Private Sale) by MEA during the Period of Agency or with whom MEA had negotiations about the Property during the Period of Agency.

  6. Payment

    1. These Fees exclude VAT, which is currently 20%. However, if the rate of VAT changes between the conclusion of this agreement and the due date for payment, MEA reserves the right to adjust the rate of VAT that the Seller will pay.
    2. MEA will invoice the Seller for the balance of the Services on or any time after the Fee becomes due pursuant to term 3. The Seller must pay each invoice in cleared monies within fourteen (14) calendar days at the date of invoice.
    3. If the Seller fails to make any payment due to MEA under these terms of business by the due date for payment, then the Seller shall pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgement. The Seller shall pay such interest together with the overdue amount.

  7. Seller’s Obligations

    1. The Seller shall:
      1. if switching from another agent, check their terms and conditions before signing with MEA to confirm any liability for dual fees;
      2. free of charge and in a timely manner, provide MEA with all information and assistance (including appropriate access to the Property on reasonable notice during Business Hours) which MEA may reasonably request from time to time to enable MEA to perform the Services in accordance with the terms of this agreement;
      3. if necessary, provide MEA with a list of prospective buyers who have viewed the property with other agents; 7.1.4 ensure that an Energy Performance Certificate (EPC) has been commissioned for the Property and shall be obtained within seven days of MEA commencing the marketing of the Property;
      4. bear any costs and expenses related to special advertising, packing, insurance and cartage to and from MEA (plus applicable VAT);
      5. where MEA has Sole Selling Rights, disclose any unconditional contracts for the sale of the Property which are exchanged:
        1. in the Period of Agency, even if the Buyer was not found by MEA but by another agent or by any other person, including where the Buyer was found by the Seller; or
        2. after the Period of Agency but with a Buyer introduced to the Seller by MEA during the Period of Agency or with whom MEA had negotiations about the Property during the Period of Agency; and
      6. where MEA acts as a Multiple Agent, disclose any unconditional contracts for the sale of the Property which are exchanged:
        1. in the Period of Agency unless the Buyer was introduced by another agent, obtained via a Private Sale Website or if there is a Private Sale during the Period of Agency; or
        2. after the Period of Agency but with a Buyer introduced to the Seller by MEA during the Period of Agency or with whom MEA had negotiations about the Property during the Period of Agency.
    2. The Seller warrants that:
      1. all of the information about the Property is true and accurate, and it shall check the accuracy of such content and information once marketed; and
      2. it owns the Property and will be able to pass good and marketable title to a potential Buyer.

  8. Cancellation

    1. The Seller may withdraw the Property from the market on written notice to MEA once the initial 3 weeks pass, within five (5) days of receiving such written notice, MEA’s obligation to provide the Services ceases.
    2. MEA shall not charge the Seller a withdrawal fee where the Seller removes the Property from the market in accordance with term 8.1, but where the Seller removes the Property from the market and unconditional contracts for the sale of the Property are exchanged in the circumstances set out in terms 4 and 5, Fees shall still be due to MEA.
    3. If the seller asks to withdraw the property during the initial 3 weeks of marketing, MEA may charge £200+VAT for marketing expenses.
    4. Where this agreement is concluded away from MEA’s office (or at MEA’s office immediately after the Seller was personally and individually addressed by MEA otherwise than at MEA’s office), the Seller will have a legal right to cancel this agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for fourteen (14) days after the day on which this agreement is entered into (“Cancellation Period”).
    5. Unless the Seller has made a request for MEA to do so, MEA will not provide and shall be under no obligation to provide the Services until the end of the Cancellation Period. If the Seller makes such a request for MEA to commence providing such Services and decides to cancel this agreement prior to the end of the Cancellation Period, MEA shall not charge a withdrawal fee. However, MEA shall be:
      1. able to charge for any services provided to that point, up to a value of £200+VAT
    6. Nothing in this term 8 will affect the Seller’s legal rights as a consumer if the Services are not provided as described. Advice about a consumer’s legal rights is available at their local Citizen’s Advice Bureau or Trading Standards office.

  9. Service to Purchasers

    1. Under the Estate Agents (Provision of Information) Regulations 1991, MEA is required to notify the Seller of any services MEA will offer the Buyer of the Property where MEA is instructed by a Seller in connection with the sale of the Property. MEA may offer estate agency type services relating to the sale of a prospective Buyer’s existing property for which MEA will be entitled to receive remuneration / fees (in addition to the Fees payable by the Seller under this agreement).
    2. Under the Estate Agents Act 1979, MEA is required to disclose whether a connected person has a personal interest in any Property in respect of which MEA is instructed. We are not aware of any personal interest existing between MEA (or anyone in MEA’s employment or any connected person) and the Seller. The Seller is required to notify MEA immediately in writing if he / she becomes aware of such an interest.

  10. Property Ombudsman

    1. MEA is a member of the ICO (information commissioners office)

  11. Events Outside MEA’s Control

    1. MEA will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these terms that is caused by an event outside its control.
    2. Events outside MEA’s control include, without limitation, strikes, lock- outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
    3. Where such an event occurs, MEA will notify the Seller as soon as reasonably possible and any obligations on MEA contained herein will be suspended.
    4. MEA will restart the services (as outlined in term 2 above) as soon as reasonably practicable after the event outside its control is over.

  12. Termination

    1. Without limiting its other rights or remedies, MEA may terminate this agreement with immediate effect by giving written notice to the Seller if: a) the Seller commits a material breach of any term of this agreement and (if such breach is remedial) fails to remedy that breach within 14 days of the Seller being notified in writing to do so; b) the Seller is deemed unable to pay its debts within the meaning of the Insolvency Act 1986, becomes insolvent or has a receiver, administrative receiver, administrator, liquidator or similar officer appointed, applies for or has called a meeting of creditors or resolves to go into liquidation (except for a bona fide amalgamation or reconstruction while solvent where the resulting entity agrees to be bound by and assumes the Seller’s obligations under this agreement), is declared bankrupt or makes any arrangement with or for the benefit of its creditors, or has a county court administration order made against it under the County Court Act 1984; or c) the Seller fails to pay any amount due to MEA under this agreement by its due date.
    2. Termination of this agreement by MEA shall not affect its accrued rights, remedies, obligations or liabilities existing at termination, including the right to claim damages in respect of any breach of this agreement which existed at or before the date of termination or expiry.

  13. Indemnities

    1. The Seller shall reimburse MEA in respect of any loss or damage suffered by MEA as a result of:
      1. any defect in the Seller’s title and any other legal liability it may incur in relation to the Seller’s Property; and
      2. any breach of the Consumer Protection from Unfair Trading Regulations 2008 or the Business Protection from Misleading Marketing Regulations 2008 or any other liability whatsoever arising out of any error which appears in marketing materials or similar produced as part of the Services due to information provided or omitted to be provided by the Seller, and MEA may defend any proceedings of whatever nature brought against MEA at the Seller’s expense.

  14. Limitation of Liability

    1. Subject to term 14.3, MEA shall not be liable to the Seller, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising under or in connection with this agreement for:
      1. loss of profits;
      2. loss of agreements or contracts; or
      3. any indirect or consequential loss; or
      4. the accuracy of any statement, whether printed in marketing materials or made orally and no such statements are to be taken as implying any warranties, guarantees or representations.
    2. Subject to term 14.3, MEA’s total liability to the Seller, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising under or in connection with this agreement shall be limited to, in respect of all claims (connected or unconnected) in the Period of Agency, the equivalent of the total commission due to be paid by the Seller in that period.
      1. death or personal injury caused by Our negligence or the negligence of our employees, agents or subcontractors;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
      4. breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).

  15. Identification

    1. In order to comply with the UK’s current Money Laundering Regulations 2007, the Seller must provide two forms of approved identification (one being photo identification and the other evidencing his / her address).

  16. Use of Seller’s Information

    1. MEA will use the information that the Seller provides to provide the Services outlined herein, comply with legal obligations to which it is subject and process payment for such services and, by entering into this agreement, the Seller consents to this. 21.2
    2. MEA reserves the right to illustrate any Property marketed and to use such photographs, during and after the Period of Agency, at its discretion, including for marketing purposes.

  17. Variation

    1. No variation of these terms shall be effective unless in writing and signed by MEA and the Seller.

  18. Severability

    1. MEA will use the information that the Seller provides to provide the Services outlined herein, comply with legal obligations to which it is subject and process payment for such services and, by entering into this agreement, the Seller consents to this. 21.2
    2. MEA reserves the right to illustrate any Property marketed and to use such photographs, during and after the Period of Agency, at its discretion, including for marketing purposes. Each of these terms operates separately. If any court or relevant will remain in full force and effect.

  19. Waiver

    1. No failure or delay by a party to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

  20. Third Party Rights

    1. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms herein.

  21. Governing Law and Jurisdiction

    1. The terms stated herein and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).