Commercial Terms & Conditions

99 Home Ltd C/o Sutton Business Park Restmor Way Wallington SM6 7AHS , Ph: 0203 5000 999 Email: info@99home.co.uk Web: www.99home.co.uk, Reg. Eng.10469887, TPO Membership Number: D14309

Agreement for the marketing of business premises on Lease or Sale

Between 99Home Limited of Sutton Business Park Restmor Way Wallington SM6 7AH, UK (Agent) and ___________________________________________________ (Client).

Property Address (To Let / Lease for Sale ):

Client:___________________________ of ______________________________________ (_________________________) of

Contact:_________________________________/_________________________________

Correspondence Address: ____________________________________________________

Email:

Tel./ Mobile: ______________________________________

Company Registered No.:____________________________________________________

V.A.T Registered: Yes/No_____________________________________________________

Business Rates: £_______ P A

Service Charge: ________

Shop Asking Rent:

Flat (Accommodation) :

Income: £ ______________________________________ _____+

Bills & Council Tax. Goodwill / Premium / Fixture fitting

Cost: £_____________________________________________________

Other Source of Income: _________________

Any other Asking Premium: ______________________

Landlord’s………………………………………………………………………………………………

(If relevant)....…………………………………………………………………………………………..

THE CLIENT HEREBY INSTRUCTS 99HOME LIMITED TO MARKET THE ABOVE PREMISES ON THE FOLLOWING BASIS:

Sole Selling & Letting Rights: _________ (3 months)

Multiple Agents: ________________________

Joint Sole Selling / Letting Right:

Joint / Multiple Agents:___________________

Fee split between joint Agents : _______________________

Fee are agreed at the rate of 12 % + VAT (monthly/yearly basis until introduced tenants are in occupation at the property), regardless of the Letting/Selling price/premium in accordance with terms & conditions overleaf, subject to a minimum fee of £ 500.00 (inclusive of VAT), when instructed on a sole selling/& £ _____ for letting rights basis then if additional agents are instructed fees will increase by half.

The client also authorises the following expenditure:(Below charges are not applicable for you & only Advert in local newspaper is payable if the advert needs to go)*

In-house details: Free of Charge	www.99home.co.uk: Free of Charge
Professional Brochure / New Paper: £	www.zoopla.co.uk & www.onthemarket.com
For Sale / To Let Board: £	Commercial Estate Agent Board/Sign
Mailing to Agents via clearing House: £ 0	Premier Presentation: ( 3 Months)
Advertising Budget: £………………………	Energy Performance Certificate Quote: Upon request

**Client ID required under Anti Money Laundering Regulations.

Initial by Landlord / Seller: .............................................

This Agreement is in accordance with our standard terms and conditions of engagement as set out below.

Signed:……………………………………………

Print Name:

Position:………………………………………….

Date:…….............................………………………

Signed on behalf of 99Home Limited: ………………………………………………………………………

DATE

99Home Limited’s Standard Terms & Conditions of Appointment for The Marketing of Commercial Property.

**Incorporating the mandatory requirements of the Estate Agents Act 1979 (The Act)

The terms of the Agreement should be read with reference to the proposal Letter Attached. The Client agrees to appoint 99Home, as marketing agents for property subject to the following Terms of Agreement. 99Home includes all subsidiary or holding companies or connected companies.

OWNERSHIP

The Client owns the property (Freehold or Leasehold). For the avoidance of doubt, this includes existing and proposed ownership.

AGENCY BASIS

This will be as set in the Proposal Letter on the basis of either sole selling / letting rights or sole, joint sole, or multi-agency (see Definitions below).

SUB-AGENTS

The specific right is reserved to appoint one or more sub-agents, at the sole discretion of 99home Limited (at no additional cost to the client) unless specifically instructed in writing to the contrary by the client. The terms of this agreement will not be affected if the sub-agents(s) sub-instruct any other agents(s).

CONFIRMATION OF TERMS AND CONDITIONS OF APPOINTMENT (The Term)

The client is requested to sign and return the enclosed duplicate copy of the Proposal Letter as soon as possible thereby confirming instructions so that marketing may begin. Once an instruction is confirmed, all the terms are deemed accepted by the client and cannot be varied except by written agreement. Until such time as the duplicate proposal letter is returned, the terms of the agreement shall be deemed to have been confirmed if verbal instructions to that effect are given by the client.

EXISTING INTEREST

The Client confirms that at the date of this agreement, there are no prospective purchasers/tenants, from any source, who have expressed an interest in the property. Details of any such parties must be advised to 99Home Limited in writing prior to marketing commencing, otherwise if they are subsequently introduced or we have negotiations with the same then a full fee entitlement will arise.

SUBMISSION OF OFFERS Initial by Landlord / Seller: .............................................

All offers received for the property will be forwarded to the Client as soon as reasonably practicable, other than those at a level below, subject to conditions, which the Client has previously instructed in writing are to be disregarded. Where the property is let at a progressive rent over the first review period the fee will be calculated on the basis of the average rent payable up to the first rent review.

SURRENDER OF LEASEHOLD INTEREST

Commission will become due, upon completion, in the event of a surrender of your lease being affected to either the immediate, intermediate, or superior landlord.

AMOUNT OF FEES

The fee will be calculated as set out in the proposal letter. If it is agreed on a percentage basis this will relate to the sale price at which contracts are exchanged( plus any amount for key money, fixtures, fittings, or business values, etc..) or to the annual exclusive(headline) rental disregarding any rent free periods or similar incentives, whichever is appropriate. Premium includes any payment for key money, goodwill, fixtures, fittings, and/or business value.

CREDIT CHECK

99Home Limited reserves the right to undertake a credit check on the client company before accepting instructions. The check will be undertaken in accordance with the Data Protection Act 1998.

NON-AGENCY WORK

Any non-agency work undertaken during the course of the marketing of the property (e.g. organisation of contractors, negotiating schedule of condition, submission of planning applications, insurance valuations, etc.) will be charged separately over and above the agency free on a quantum merit basis.

PAYMENT OF FEES

The client agrees to pay the fees set out in the proposal letter attached hereto, which will become due upon exchange of contracts or the authorised grant of possession if earlier and as set out under the various headings in’ Definition’. Full fees will be payable in the event of a ‘’ready, willing and able purchaser/ tenant’’ (see Definitions) being introduced when the client withdraws from the transaction. Where a transaction is taking place and the deposit or completion monies will cover our fees, such fees can be recovered by 99Home Limited directly from the transaction proceeds held by solicitors if fees have not already been paid by that date. Payment on invoices is due by return. Interest may be charged on any late payments, together with debit recovery costs, in accordance with the Late Payment of Commercial Debts Regulations 2002 from the date when payment is due.

QUANTUM MERUIT

Fees charged upon the basis of Quantum Meruit relate to the time spent by a member of this in providing the professional services required which will include travelling time. This time is charged at an hourly rate according to the professional status and qualifications of the member concerned and the circumstances of the work being undertaken. Current hourly rates are available on request subject to a minimum of £150 per hour.

RECOVERABLE MARKETING EXPENSES

Cost or estimate of advertising expenditure or other marketing material will be based upon quoted media/supplier prices. 99Home Limited will be entitled to receive and retain any commission/discount on orders for goods. Services placed on the client’s behalf. The client will also reimburse 99Home Limited for all reasonable disbursement in addition to the agreed fee. Disbursements include. For example, courier delivery, photography, key cutting, plan copying, obtaining bank references, etc. Marketing expenses will be invoiced as and when

Initial by Landlord / Seller: .............................................

arising. Interest may be charged on late payments, together with debt recovery costs, in accordance with the Late Payment of Commercial Debts Regulations 2002.

TERMINATION OF INSTRUCTIONS

This agreement will continue for a minimum period of three months or until completion of the transaction and will continue until either party gives twenty-eight days’ notice of termination to the other. No other agents are to be instructed without the agreement of the sole or joint agents. In the event of withdrawal of instructions, any outstanding recoverable marketing expenses will become due forthwith. If instructions are terminated, then the Client will be liable for abortive time and expenditure incurred by 99Home Limited. After termination of instruction, the Client will remain liable for the full fee to 99Home Limited in the vent of the premises being let or sold to any parties introduced by 99Home Limited prior to termination of instructions.

KEYS

Where keys for the property are held by 99Home Limited, these may be temporarily lent to prospective purchasers/lessees unless the Client gives written instruction to the contrary. All reasonable efforts will be made to ensure the safe return and control of keys but 99Home Limited will not be responsible for any loss arising.

UNOCCUPIED PROPERTY

99Home Limited does not accept responsibility for the maintenance, security, repair of, or loss relating to unoccupied premises, unless previously appointed in writing to manage the property. Clients remain responsible for the insurance property.

LEGAL DOCUMENTATION

No responsibility can be accepted by 99Home Limited for any errors or omissions in the drafting of legal documentation by the client's legal advisor. Any options expressed by 99Home Limited whether verbally or in writing must be checked with your solicitors.

MISLEADING INFORMATION

The Client indemnifies 99Home Limited for all and any losses resulting from incorrect information provided by the Client whether deliberate or accidental.

CONNECTED PARTIES

The act requires 99Home Limited to disclose to the client and prospective purchasers/tenants any family relationship or business associations between the client or a purchaser/ tenant or any employee of 99Home Limited, its subsidiaries, or any other business within 99Home Limited. Any such disclosures will be notified in writing as soon as possible after the circumstances become known.

TERMINOLOGY OF TRANSACTIONS

Any reference to ‘SALE’, ‘SELLING’, ‘SOLD’, ‘PURCHASE’, ‘SELLER’, or similar is substituted to ‘LET’, ‘LETTING’, ‘TENANT’,’ LANDLORD’, ‘ASSIGNMENT’, ‘ASSIGNING’, ASSIGNED’, ‘ASSIGNEE’, ’ASSIGNOR’, or other appropriate wording reflecting the nature of the transaction (including licence) or vice versa. For the avoidance of doubt, the above transaction will be agreed to have taken place in the event of the purchase of shares in order to obtain the property.

Initial by Landlord / Seller: .............................................

DEFINITIONS

AGENCY BASIS: In respect of instructions being given for sole selling / letting rights or as sole agents or joint sole agents, no further agents will be instructed without our agreement (and the joint sole agents where applicable)

SOLE SELLING/LETTING RIGHTS: The Client will be liable to pay remuneration to 99Home Limited, in addition to any other costs or charges agreed, in each of the following circumstances:

If unconditional contracts for the sale/letting of the property are exchanged in the period during which we have sole selling / letting rights, even if the purchaser/tenant was not found by 99Home Limited but another agent or by any other person, including yourself; and

If unconditional contracts for the sale of the property are exchanged after the expiry of the period during which we have sole selling rights but to a purchaser who was introduced to you by anyone, during that period whether by 99Home Limited or by any other agent or yourself or with whom we had negotiations about the property during that period.

SOLE AGENCY: The Client will be liable to pay remuneration to 99Home Limited, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the property are exchanged:

With a purchaser /tenant introduced by 99Home Limited during the period of our sole agency or with whom we had negotiations about the property during that period; or

With a purchaser/tenant introduced by another agent during that period.

JOINT SOLE AGENCY: The client will be liable to pay remuneration to 99Home Limited, in addition to any other cost or charges agreed upon, if at any time unconditional contracts for the sale/ letting of the property are exchanged;

With a purchaser /tenant introduced by 99Home Limited during the period of our Joint sole agency or with whom we had negotiations about the property during that period; or

With a purchaser/tenant introduced by another agents during that period.

MULTIPLE AGENCY: The client will be liable to pay remuneration to 99Home Limited, in addition to any other cost or charges agreed upon, if at any time unconditional contracts for the sale/ letting of the property are exchanged;

With a purchaser /tenant introduced by 99Home Limited during the period of the agency, or with whom we had negotiations about the property during that period.

If at any time during our instruction, a purchaser/ tenant is introduced by the client, the fee will be due on the same basis as it was introduced by 99Home Limited.

READY, WILLING, AND ABLE PURCHASER/TENANT

The client will be liable to pay remuneration to 99Home Limited, in addition to any other costs or charges agreed upon if such a purchaser/tenant is introduced by 99Home Limited in accordance with The Client’s instructions, and this must be paid, even if the Client subsequently withdraw (and unconditional contracts for sale are not exchanged), irrespective of the Client’s reasons.

Initial by Landlord / Seller: .............................................

PURCHASER / TENANT

Includes any parties that exchange contract/agreement to lease irrespective of whether the transaction is completed

LEASE PLAN

Lease plans as required by the Land Registry and/or solicitors for some conveyances are not included as part of our standard service but can be provided, at additional cost

PROPERTY MISDESCRIPTIONS ACT 1991

To comply with this Act the client undertakes to provide copies of all relevant documents in their possession which may affect the description or use of the Property. The Client further undertakes carefully to examine 99Home Limited’s marketing particulars and to confirm, to the best of their knowledge, that they are accurate. In the event of any changes in circumstances that make any part of the particulars incorrect or misleading, the Client agrees to give notice as a matter of urgency.

ANTI MONEY LAUNDERING / PROCEEDS OF CRIME LEGISLATION

Under the above legislation we are obliged to check the IOD of all clients and cannot proceed unless this is produced. We are also obliged to report any suspicions of money laundering to the relevant authorities

ENERGY PERFORMANCE CERTIFICATES

It is a mandatory requirement after 01st August 2008 that all commercial properties marketed will have to provide an Energy Performance Certificate. This is not included as part of our standard service and can be provided at additional cost

CREDIT WORTHINESS

99Home Limited has the right to take credit references on the client and/or individual director and where considered appropriate, request further security or turn down the instruction without notice in the event of the client’s’ credit worthiness being considered unsatisfactory.

CONTRACTS (RIGHT OF THIRD PARTY) ACT 1999

The parties to this agreement do not intend that any of its items will be enforceable by virtue of the Contracts (Right of Third Parties) Act 1999 by any person not a party to it.

COMPLAINTS PROCEDURE

99Home Limited has a written complaints procedure.

Initial by Landlord / Seller: .............................................

Commercial Terms & Conditions

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