Terms and Conditions

1. TERMS OF BUSINESS

  • Estate Agents are required by the Estate Agents Act 1979 and Estate Agents (Provision of Information) Regulations SI1991/859 to provide specified written particulars to clients. Ian Green Properties Limited (Company No. 06448292) t/a Ian Green Residential or IGR (“IGR”) Terms of Business are as set out below unless otherwise varied in writing (“the Terms”). We undertake to comply with the terms of the Estate Agents Act 1979, the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations so far as those acts relate to our appointment as agent.
  • We ask you to sign, date and return accompanying Letter of Instruction. Please read the Letter of Instruction and Terms carefully as IGR will rely upon the Terms and the Letter of Instruction confirming your instructions as setting out the terms of our agreement with you.
  • 1.3 If you require any changes to the Terms, please put them in writing for our consideration. In that way we can avoid any problems surrounding what IGR and you are each expected to do. If you do not understand any term, please discuss it with us before signing.
  • 1.4 In these Terms, any reference to “we, “us” or “our” is to IGR and any joint agent, and reference to “you”, “your” or “yourself” is to the client identified at Clause 5 below.

2. SERVICE INFORMATION

  • IGR’s VAT number is 988 5592 39.
  • IGR is a member of the dispute and compensation scheme operated by The Property Ombudsman (www.tpos.co.uk) and our registration number is NO1155.

3. OWNERSHIP

  • By signing the letter of instruction, you hereby declare that you are the legal and beneficial owner of the Property and/or that you have the authority to act on behalf of all legal and beneficial owners of the Property and to sell the Property.

4. APPPOINTMENT

  • Where these Terms are entered into by more than one person then the liability of each person to IGR under these Terms will be joint and several. You agree that you will be liable to IGR irrespective of whether you are a legal or beneficial owner of the Property.

5. AUTHORITY AND INSTRUCTIONS

  • IGR will be entitled to take instructions from anyone who has signed the Letter of Instruction or who has confirmed to us in writing that they will be bound by them. Each person giving instructions to IG and acknowledging the Terms confirms by signing the Letter of Instruction that they are duly authorised by all legal and beneficial owners to sell the Property and confirms that he/she is duly authorised to give instructions to IGR and that IGR is entitled to rely upon such instructions.

6. FEES

  • Our fee is inclusive of all fees and expenses but exclusive of Value Added Tax unless otherwise agreed with you and confirmed in writing. All of IGR’s fees and expenses are subject to Value Added Tax at the prevailing rate and regardless of your domicile provided that the Property is situated in the UK. IGR’s fees will be calculated as a percentage of the sale price achieved or agreed (as appropriate) on the sale of the Property unless separately agreed in writing. That sale price includes any amount agreed between you and the purchaser for carpets, curtains, furniture and any fixtures and fittings or other chattels.
  • Our remuneration becomes due and payable upon exchange of contracts for the purchase of the Property (or, in the absence of an exchange, on completion of the sale of the Property). However, we may at our discretion agree to defer payment until completion if your solicitor confirms that they are instructed by you to pay our remuneration out of the proceeds of sale and that they will not release any money until our invoice has been paid.
  • If we have agreed to defer payment of our remuneration and completion is delayed, such that it is scheduled to take place more than 28 days after exchange of contracts, our remuneration will become payable forthwith.
  • You may have a dual fee liability if:
    1. you previously instructed another agent to sell the property on a sole agency, joint sole agency, sole selling agency or joint sole selling agency basis; or
    2. you instruct another agent during or after the period of our sole agency, joint sole agency, sole selling or joint sole selling.
  • A fee will be due to IGR if you do not proceed with a ready willing and able purchaser introduced by IGR. A purchaser is a “ready, willing and able” purchaser if he or she is prepared and is able to exchange unconditional contracts for the purchase of the Property. You will be liable to pay one half of the previously agreed remuneration to IGR in addition to any other costs or charges agreed if such a purchaser is introduced by IGR in accordance with your instructions, and this must be paid even if you subsequently withdraw and unconditional contracts are not exchanged irrespective of your reasons. Our fee for introducing a ready, willing and able purchaser will fall due on the date of our invoice.
  • If you, whether directly or indirectly, accept another property in part exchange for the Property, the open market value of any such other property taken in part exchange will be included as part of the sale price of the Property in relation to which our remuneration is calculated. An indirect acceptance of a property means a property being conveyed to your nominee, representative, associate or associated company or someone else at your direction.
  • You will immediately notify us if you become aware of any circumstances which might result in the net sale proceeds of the Property being insufficient to pay our remuneration, any outstanding expenses and VAT (where applicable) in full. This will in not reduce your liability to us under the Terms.

7. CONTRACTS BEING EXCHANGED BUT COMPLETION NOT TAKING PLACE

  • In the event that a purchaser exchanges a legally binding contract, IGR’s fees and charges remain due and payable even if completion of the sale does not take place for whatever reason. However, if the sale of the Property does not proceed to completion due to any unforeseen event, we reserve the right in our absolute discretion to provide a rebate (or where our fees have already been paid, a refund) on our fees of an amount equivalent to 50% of the commission due (or paid) to us.

8. AGENCY

Sole Selling Rights

  • IGR’s rate of remuneration is 2% of the sale price achieved on the sale of the Property plus Value Added Tax.
  • You will be liable to pay such remuneration to us, 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 during which we have Sole Selling Rights, even if the purchaser was not found by us but by another agent or by any other person, including yourself;
    2. 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 during that period or with whom we had negotiations about the Property during that period.

Joint Sole Selling Rights

  • IGR’s rate of remuneration is 2.5% of the sale price achieved on the sale of the Property plus Value Added Tax.
  • You will be liable to pay such remuneration to us, 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 during which we have Joint Sole Selling Rights, even if the purchaser was not found by us but by another agent or by any other person, including yourself;
    2. if unconditional contracts for the sale of the Property are exchanged after the expiry of the period during which we have Joint Sole Selling Rights but to a purchaser who was introduced to you by us, another agent, or any person including you; or
    3. if unconditional contracts for the sale of the Property are exchanged after the expiry of the period during which we have Joint Sole Selling Rights but to a purchaser with whom we had negotiations during that period.

Sole Agency

  • IGR’s rate of remuneration is 2% of the sale price achieved on the sale of the Property plus Value Added Tax.
  • You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the Property are exchanged:
    1. with a purchaser introduced by us during the period of our sole agency or with whom we had negotiations about the Property during that period; or
    2. with a purchaser introduced by another agent during that period.

Joint Sole Agency

  • IGR’s rate of remuneration is 2.5% of the sale price achieved on the sale of the Property plus Value Added Tax.
  • You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the Property are exchanged:
    1. with a purchaser introduced by us during the period of our joint sole agency or with whom we had negotiations about the Property during that period; or
    2. with a purchaser introduced by another agent during that period.

Multiple Agency

  • IGR’s rate of remuneration is 3% of the sale price achieved on the sale of the Property plus Value Added Tax.
  • You will be liable to pay such remuneration to IGR, 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 introduced by us, or with whom we had negotiations, during the period of our Multiple Agency.

9. TERMINATION

  • IGR’s appointment may be terminated by either you or us giving 28 days prior written notice. In that event any outstanding expenses are payable immediately.

10. INTEREST

  • 10.1 If our fees, or any part thereof, remain outstanding for more than 14 days from the date of our invoice then, save where IGR has agreed to defer payment, interest will be payable at the rate of 4% above IGR’s banker’s base rate from the date of our invoice. You agree to indemnify us in respect of any costs we incur in attempting to recover our fees from you.

11. EXPENSES

  • A budget for any expenses will always be agreed in advance with you and confirmed in writing. A detailed schedule of such expenses or where appropriate an estimate of such expenses will be submitted to you for your approval before such expenses are incurred. Where it is agreed that these expenses will be borne by you, these are normally payable at the commencement of marketing but in any event are payable once invoiced by IGR to you.

12. NOTIFICATION OF OFFERS

  • Unless instructed by you in writing to the contrary, IGR will in accordance with the requirements of the Estate Agents Ombudsman’s Code notify you in writing of all offers received by us for the Property.

13. PRIVATE BUYERS

  • Within 7 days of signing these Terms, you will notify us in writing of the identity of all persons you regard as private buyers. This list will definitively determine who is to be regarded as a private buyer. Any other persons introduced during the term of our agency will not be regarded as a private buyer.

14. INTRODUCTION OF A PURCHASER

  • In most cases, our entitlement to a fee will be triggered by us introducing a purchaser to you. An introduction is one that is made either directly or indirectly. An indirect introduction would be where the contractual purchaser is a nominee, associate, associated company, relative or representative of the person we introduced. It would also include someone introduced by us through our appointed sub-agents. It also applies where an approach is made to you personally as a result of our marketing and publicity in any way, in which case you should notify us in writing to avoid any misunderstandings at a later stage and in order for us to negotiate on your behalf.
  • 14.2 Where the Property is owned by a company and the Terms are signed on behalf of the company, then our fee will become due from the company where the shares in the company are sold to a purchaser that we introduce. In addition, the person signing these Terms hereby personally guarantees the payment to IG of its fees where the shares in the company are sold. We reserve the right to require the shareholder(s) of our client company to agree to be bound by these Terms

15. SALE BY INFORMAL TENDER

  • In certain situations, selling a property by ‘Informal Tender’ may be beneficial where it is considered that there may be an immediate and significant level of interest. Using this method, prospective purchasers will be invited to submit their best offer in a sealed envelope (“a tender”) by a specified date, (“the tender date”) which are then opened on expiry of the tender date. These tenders are not intended to be legally binding. They allow the seller to assess the market interest in the Property and the circumstances of the tenders received. You are not under an obligation to accept any offer made in any tender
  • If you decide to sell to and then exchange contracts with a purchaser prior to the tender date rather than waiting to assess all the tenders, IGR will not be responsible and will have no liability to you if at or by the tender date another prospective purchaser makes a tender to purchase the Property at a higher price than that already accepted by you.

16. SUB-AGENTS

  • You have authorised IGR to instruct selected sub-agents or intermediaries at our sole discretion where we consider this may assist in introducing a potentially suitable purchaser for the Property. Unless agreed between us to the contrary, this will not incur any extra costs to you and all viewings and negotiations will be coordinated through IGR.

17. ENERGY PERFORMANCE CERTIFICATE

  • An Energy Performance Certificate must be provided to all prospective purchasers when the Property is marketed prior to the first viewing. You agree to arrange for the preparation of an Energy Performance Certificate at your expense.

18. FOR SALE BOARDS

  • You agree that we may erect a “For Sale” or “Sold” board at the Property.
  • You must inform us in writing if current byelaws or any restrictions placed on the Property forbid the erection of a board. We shall not be held liable for any breach of covenants or legislations if we are not informed of any restrictions.
  • To ensure compliance with the Town and County Planning (Control of Advertisements) Regulations 1987, you agree not allow to the display of any other estate agent’s board whilst our board is displayed. You also give us authority to arrange the removal of any other agent’s board currently or subsequently displaced without our consent at the Property.
  • You should notify us immediately if another board is or is to be displayed or erected.

19. LIABILITY

  • As far as the law allows, IGR’s total liability to you for any direct loss or damage caused by IGR’s negligence or breach of contract (except deliberate breach) is limited to the higher of £50,000 or 10 times IGR’s commission fee set out in the Letter of Instruction. IGR does not accept liability for any indirect or consequential loss (such as loss of profits). These limitations do not apply to death, personal injury or fraud.
  • You agree not to bring any claim arising out of or in connection with the Terms against any member, employee, “partner”, or consultant of IGR (each called an IGR Person). These individuals do not have a personal duty of care to you. Any such claim must be brought against IGR. Any IGR Person may enforce this clause under the Contracts (Right of Third Parties) Act 1999, but the Terms may be varied at any time without the need for any IGR Person to consent.

20. DISCLOSURE OF PERSONAL INTEREST

  • The provisions of the Estate Agents Act 1979 require an estate agent to disclose both to the client and any purchaser any connection which the agent or any of its employees or associates has or may have with either party, whether directly or indirectly, or with any member of their families. If IGR become aware of any such interest, we will give written notification to you.

21. OCCUPIED/UNOCCUPIED PROPERTIES

  • IGR accepts no responsibility for the Property while occupied or unoccupied. If the Property is vacant when adverse weather conditions are likely, frost damage may occur to water and heating systems and sanitary appliances. You should take all necessary action to protect the Property from such risks to ensure that you have adequate insurance cover and notify your insurers accordingly.

22. PLANNING ENQUIRIES

  • IGR will not undertake specific planning enquiries relating to the development potential for the property and therefore this is not taken into account in any marketing advice of recommended sales advice.

23. HEALTH AND SAFETY

  • You are responsible for all health and safety, and environmental obligations in accordance with all relevant laws, enactments, orders, codes of practice and regulations in relation to our Appointment.
  • You must ensure that we are notified of and provided with all relevant information relating to risks to health and safety, and any documentation and/or measures in place to manage those risks. This includes any relevant information to ensure that any viewings or visits are conducted safely.

24. MATRIMONIAL/PARTNERSHIP DISPUTES

  • It is imperative that you immediately advise IGR should sale of the Property be in any way effected by a matrimonial of other dispute.

25. FORCE MAJURE

  • We reserve the right to delay performance or to cancel the Appointment (without any liability to you) and we will not be liable to you for any delay in performing or failure to perform our obligations under the Terms if we are prevented form or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, floor, epidemic, lock-out, strikes or other labour disputes (whether or not relating to either party’s workforce) or your default provided that, if the event in question continues for a continuous period in excess of 10 days, you shall be entitled to give notice in writing to us to terminate the Appointment.

26. COMPLAINTS PROCEDURE

  • If you are unhappy with any aspect of the service you receive from us you should bring this to the attention of the member of staff who has been acting on your behalf, who will endeavour to address your concern. If your issue is not resolved by our staff, you should put your complaint in writing and address it to Ian Green using This email address is being protected from spambots. You need JavaScript enabled to view it..
  • Written complaints will be acknowledged within 5 working days of receipt, upon which an investigation will be conducted. A formal written outcome of that investigation will be sent to you within 14 working days of our acknowledgment. This reply will also confirm that you may refer the matter to the Property Ombudsman for review if you remain unsatisfied.

27. ASSIGNMENT

  • You shall not be entitled to assign, sub-contract or otherwise dispose of any of your rights or obligations under these Terms without our prior written consent.
  • We may at any time and without seeking your consent, assign or sub-contract our rights and obligations under these Terms providing your rights are not affected.

28. GOVERNING LAW

  • The Terms shall be governed by and construed in accordance with the Laws of England and Wales and the Courts of England and Wales shall have jurisdiction.

29. OTHER SERVICES

  • IGR or a connected person or company may offer services (including financial or other related services) to any prospective purchaser of the Property. For example, IGR may be asked (or have already been asked) to act in the sale of your prospective purchaser’s property or provide financial services through a third party. If such a situation arises, we will notify you in writing. In each such case IG may earn remuneration.

30. COPYRIGHT

  • You acknowledge that copyright in all material produced by IGR including any sales particulars will at all times belong to IGR.

31. ADDITIONS/ALTERATIONS

  • Handwritten additions and/or alterations to the Terms will only be valid if they are signed in the margin by both the seller and a duly authorised representative of IGR.

32. ACCURACY OF INFORMATION

  • We are liable to prosecution if inaccurate or misleading information about the Property is provided in any sale particulars. You are therefore required to carefully check draft particulars and return them signed to confirm their accuracy. You must tell us immediately if you subsequently discover that any aspect of the particulars is inaccurate or if they become inaccurate in any way. We will not be able to start marketing the Property until we have received that confirmation from you. You agree to indemnify us in respect of any loss or damage that we may suffer in the event that the sales particulars are or become in accurate.
  • We reserve the right not to publish any information provided by you and to remove from publication, in so far as is possible, any information that we believe to be inaccurate or misleading.

33. PUBLICITY

  • You agree that we may at any time, including after our agreement with you ends, publish promotional or editorial material (including photographs) about the sale of the property or brochures by way of publicity for IGR. We will not disclose confidential information.

34. MONEY LAUNDERING REGULATIONS

  • We are obliged by law to accept and conduct instructions in accordance with Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and Proceeds of Crime Act 2002. These require us, in certain circumstances, to establish the identity and address of clients, and the source of any funds received, and to renew client due diligence on a regular basis. You agree to provide to us any information or documentation which we reasonably request in this regard. For the avoidance of doubt, searches may also be conducted on directors and “beneficial owners” as is required by the legislation. Where required, we will be unable to act for you until we have completed the necessary client due diligence. In the event that any key information that would alter our records changes during the course of this instruction, such as a change in any beneficial owners, you agree that you will inform us as soon as practicable. This information will not be disclosed to any other person, except for those authorised to regulate or conduct enquiries under the Money Laundering Regulations 2007 or where otherwise required by applicable law or regulation.
  • We shall have and shall maintain in place such policies and procedures as are reasonable to prevent the facilitation of tax evasion by another person and as such shall not knowingly engage in any activity, practice or conduct which would constitute either (i) a UK tax evasion facilitation offence under section 45(1) of the Criminal Finances Act 2017; or (ii) a foreign tax evasion offence under section 46(1) of the Criminal Finances Act 2017.

35. ANTI-BRIBERY, CORRUPTION

  • 35.1 We agree that throughout the term of our appointment we shall;
    1. comply with all applicable laws, statues, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (the “Relevant Requirements”);
    2. not engage in any activity, practice or conduct which would constitute an offence under sections 1.2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
    3. promptly report to you any request or demand for any undue financial or other advantage of any kind in connection with the performance of our services to you.
  • You shall comply at all times with all applicable laws, statutes and regulations, relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010.

36. DATA PROTECTION

  • Occasionally, we may contact you by letter, telephone, email or otherwise to inform you about other products and services we offer. We try to limit this contact to acceptable levels, but if you wish to exercise your right to opt out, simply write to us at IGR 28 De Walden House, Allitsen Road, London NW8 7BA or by email to This email address is being protected from spambots. You need JavaScript enabled to view it.

37. ACCEPTANCE OF TERMS

  • If having received IGR’s Terms and subsequently instructed IGR to proceed with the marketing of the Property by allowing us to introduce prospective purchasers to the Property, you will be deemed to have accepted these terms regardless of whether or not you return any form of acceptance to IGR.

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