1.0 INTERPRETATION

The following definitions and rules of interpretation apply to these Terms, our Sales Agreement, and our Management Agreement.

1.1 Definitions

Agreement – The Sales Agreement or the Management Agreement.

Agent – Simand Real Estate Limited or any authorised representative working on our behalf.

Agent of Necessity – In cases of emergency, where we are marketing the Property under a Sales Agreement or managing the Property under a Management Agreement, we may need to arrange immediate access to the Property if there is a risk of danger, damage, or urgent safety concerns. In such instances, the Landlord or Seller will be responsible for any costs incurred as Agent of Necessity in the first instance.

Simand Real Estate – (referred to throughout as “Simand Real Estate”, “we” or “us”) is the trading style of Simand Real Estate Limited, Registered in England and Wales under company number 08948749, whose registered office is at 6th Floor 2 London Wall Place, London, England, EC2Y 5AU Confidential

Information – Information that is by its nature confidential and/or is designated by us to be confidential.

Client – (referred to throughout as “you”) The person, company, firm, or other legal entity that instructs us. Where the context provides, this includes but is not limited to Landlords, Sellers, and Buyers. We will not accept instructions to act for any other legal entity unless agreed in writing. We reserve the right to refuse to act for such an alternative entity until we have undertaken our internal procedures, money laundering, and other risk obligations.

Fees – The sales commission, management commission, or any other charge(s) agreed as due to us for services carried out under the Agreement, subject to our Standard Fees.

Furnished / Unfurnished –

• A Property will be considered Furnished if the Buyer or Tenant need only bring personal possessions upon moving in.

• A Property complete with light fittings, carpets, and curtains but no physical furniture will be considered Unfurnished.

Introduced – In relation to the Sales Agreement, the buyer became aware that the Property was for sale as a result of any literature, advertisement, sale board, email, or internet communication, or any other communication whatsoever by us.

Joint and Several – In the context of an Agreement signed by two or more parties, both are equally liable for payment of the fees, and we may choose which party to pursue for payment.

Landlord – In relation to lettings, the person, corporate entity, or any other legal owner of the Property subject to the Management Agreement.

Management Agreement – The Agreement between you and us for the letting and management of your Property.

Month – Any reference to a Month in the Management Agreement constitutes a calendar month of not less than 28 days.

Multiple Agency – If we are among a number of agents instructed to market your Property, you will only be required to pay our fees if contracts are exchanged between you and a buyer introduced by us, or if we had conducted sales negotiations with the buyer during the Sole Agency period.

Period – The minimum contract term in relation to either the Sales Agreement or the Management Agreement.

Property – Your property either listed for sale via the Sales Agreement or which you instruct us to manage under the Management Agreement.

Sales Agreement – The agreement between you and us for the sale of your Property.

Service Option – In relation to lettings, the bundle of services offered by us under the Management Agreement.

Standard Fees – The Management Agreement and the Sales Agreement are subject to standard minimum fees. Further information is available on request.

Sole Agency – By instructing us as Sole Agents to sell your Property, you grant us Sole Agency rights. You will be liable to pay fees if:
(a) Unconditional contracts are exchanged with a buyer, even if not found by us but by another agent or person, including yourself.
(b) Unconditional contracts are exchanged after the expiry of our Sole Agency period with a buyer introduced by us or with whom we had negotiations during that period.
Our Sole Agency period lasts for an initial period of 6 months and then until otherwise agreed.

Tenancy – An assured shorthold tenancy agreement between you and your tenant in connection with the Property.

Tenant – In relation to lettings, each and every occupier of the Property subject to the Management Agreement.

Terms – The terms of business set out in this document, including any terms referred to in the Management Agreement and/or Sales Agreement.

Terms and Conditions – The terms and conditions of Simand Real Estate companies, available at https://simandrealestate.com/terms-and-condition/ A hard copy is available on request. These Terms apply to all services you instruct us to provide and cannot be varied except in writing, signed by both parties.

Termination – The ability to terminate these Terms, the Management Agreement, or the Sales Agreement, subject to Clause 14.

Working Day – A day other than Saturday, Sunday, or public holiday in England when banks in London are open for business.

Withdrawal Fee – If you choose to de-list your property before the expiry of the initial Agreement Term, you may be charged a Withdrawal Fee.

1.2 Precedence of Terms

In case of any inconsistent provisions between the Management Agreement, the Sales Agreement, and these Terms, these Terms take precedence.

2.0 FEES

2.1 Our fees are as stated in the Management Agreement and/or Sales Agreement.
2.2 Where we agree to act jointly with another agent, we will be acting with Multiple Selling Rights.
2.3 Additional Work – Where we are required to undertake additional work outside the agreed scope of the services outlined in the Management Agreement or the Sales Agreement, additional charges will apply.
2.4 Estimates – Any estimates of fees or other costs are provided on the basis of the information you provide to us. Such estimates are not binding if the information provided is incomplete, misleading, or incorrect.

3.0 INTEREST

Unless otherwise agreed in writing, in default of payment by you within the time limits set out in the Management Agreement and/or Sales Agreement, interest will be chargeable upon outstanding invoices at the rate of 5% above the Bank of England minimum lending rate per annum from the due date of payment until payment is received.

4.0 SCOPE OF SERVICES

4.1 We accept no liability for the content or interpretation of title, regulatory documents (such as Energy Performance Certificates), or tenancy documents. Unless specifically instructed, we do not warrant that properties we advise on are in satisfactory structural order, free from contamination, compliant with regulations, or have planning permission.
4.2 We may need to instruct contractors on your behalf. We will not do so without your authority, unless in emergencies where immediate access is required for safety. In such cases, we accept no responsibility for costs or damage incurred.
4.3 Once you have authorised us to instruct contractors, you are responsible for their fees unless otherwise agreed in the Management Agreement.
4.4 We do not warrant contractor competence and are not liable for losses from lack of competence.
4.5 Any property market projections provided are indicative only and may be inaccurate.
4.6 Our services do not include:
a) Advice beyond the scope reasonably expected of a sales and letting agent.
b) Commencing or conducting litigation on your behalf.

5.0 OUR OBLIGATIONS

We agree to undertake our services under the Agreement with reasonable skill and care, ensuring compliance with the Estate Agents Act 1979.

6.0 YOUR OBLIGATIONS

You agree that during the term of the Management Agreement or Sales Agreement you will:

6.1 Be liable to pay our fees and any other agreed costs.
6.2 Acknowledge that you may also be liable to other agents’ fees if you have instructed them before, during, or after our Agreement.
6.3 Pay our fees if you terminate the Agreement and within six months sell to a buyer we introduced, except where another agent introduces them more than six months after termination.
6.4 Authorise your solicitor/conveyancer to pay our fees from the net sale proceeds at completion.
6.5 Instruct your solicitor/conveyancer to notify us if sale proceeds will be insufficient and to provide your new address.
6.6 Pay our fees within 7 days of the due date or incur interest at 5% above Bank of England base rate plus a £30 handling fee.
6.7 Understand that part payment will not be accepted as full settlement without written agreement.
6.8 Accept that we may issue interim invoices payable within 7 days.
6.9 Reimburse us for all reasonable losses or liabilities resulting from your breach of obligations.

7.0 AGREEMENT TERM

This Agreement shall commence on the date you first access or use our site and will continue in full force and effect unless and until terminated by either party in accordance with these Terms. Termination of this Agreement will not affect any rights or obligations that have accrued prior to such termination.

8.0 SERVICE AVAILABILITY

We shall use reasonable efforts to ensure that the site is available at all times. However, we do not guarantee that the site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our site for business, operational, or security reasons without notice.

9.0 ACCOUNT REGISTRATION AND SECURITY

If you are required to register an account to access certain features of our site, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your login details and for all activities that occur under your account. You agree to notify us immediately if you become aware of any unauthorised use of your account.

10.0 USER CONTENT

You retain ownership of any content you submit, post, or upload to the site (“User Content”), but grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, store, reproduce, display, and distribute such User Content for the purpose of operating and promoting the site. You are solely responsible for ensuring that your User Content complies with all applicable laws and does not infringe the rights of any third party.

11.0 ACCEPTABLE USE

You agree not to use our site:
a) In any way that breaches any applicable law or regulation.
b) To transmit any data, or upload any material, that contains viruses, trojans, worms, spyware, or other malicious code.
c) For the purpose of harming or attempting to harm minors in any way.
d) To send unsolicited advertising or promotional material (spam).
e) To impersonate another person or misrepresent your identity.

12.0 INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of all intellectual property rights in our site and the material published on it, unless otherwise stated. These works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print or download extracts for your personal use but must not modify any materials or use them for commercial purposes without our prior written consent.

13.0 THIRD-PARTY LINKS AND RESOURCES

Where our site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14.0 DISCLAIMER OF WARRANTIES

The site and its content are provided “as is” and “as available” without any warranties of any kind, whether express or implied. We do not warrant that the site will be error-free, secure, or uninterrupted, or that any defects will be corrected.

15.0 LIMITATION OF LIABILITY

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the site. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by law.

16.0 INDEMNIFICATION

You agree to indemnify, defend, and hold harmless our company, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with your breach of these Terms or your misuse of the site.

17.0 TERMINATION OF ACCESS

We reserve the right to suspend or terminate your access to the site at our sole discretion, without notice, if we reasonably believe that you have violated these Terms or applicable law. Upon termination, your right to use the site will cease immediately.

18.0 CHANGES TO TERMS

We may revise these Terms at any time by amending this page. The most current version will always be posted on the site, and your continued use of the site following any changes indicates your acceptance of the updated Terms.

19.0 GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.

20.0 ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us regarding the use of the site and supersede any prior agreements, understandings, or arrangements, whether written or oral.

21.0 SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue in full force and effect.

22.0 WAIVER

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right, nor shall any single or partial exercise preclude any other or further exercise of that or any other right.

23.0 RIGHTS OF THIRD PARTIES

No person other than you and us shall have any rights to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999.