Lynmara Property Services Limited
Trading as: Fee Savers Property Sales
Terms and Conditions of Business – Vendors (Property Sellers)
1. Definitions
In these Terms and Conditions:
- “The Company” refers to Lynmara Property Services Limited, trading as Fee Savers Property Sales.
- “Client” refers to the individual(s) or company instructing the Company to market a property for sale.
- “Property” refers to the land and/or buildings instructed for sale.
- “Buyer” refers to any person or entity introduced by the Company that proceeds to purchase the Property.
- “Introduction” refers to the communication of details of a prospective buyer to the Client, regardless of whether this is verbal or in writing.
2. Agency Agreement
- By instructing the Company to market a Property, the Client agrees to be bound by these Terms and Conditions.
- The Company will act as the Client’s agent for the sale of the Property.
- The Client confirms that they are the legal owner or have the legal right to sell the Property.
- These Terms will come into force on the date the Client signs the Agency Agreement or provides written/verbal instruction to proceed.
3. Types of Agency
Unless otherwise agreed in writing:
- Sole Agency: If the Client instructs the Company on a sole agency basis and a Buyer is introduced during the term of the agreement (or by any other agent or party), commission will be payable to the Company.
- Multi-Agency: If the Client instructs multiple agents, the Company’s commission will be payable only if the Company is the effective cause of the sale.
- Fixed-Fee Model: If the Company operates under a fixed-fee model, the agreed fee is payable regardless of whether the Property is sold, unless a specific no-sale-no-fee agreement is signed.
4. Fees and Payment
- Fees will be outlined in the Agency Agreement and/or Confirmation of Instruction.
- Our Fixed Fee option applies only to residential properties up to a maximum sale price of €500,000 (five hundred thousand euro).
- For non-residential properties and for residential properties expected to fetch a final sale price in excess of €500,000 (five hundred thousand euro) our fees start at 0.75% of the final sale price.
- Unless otherwise agreed, fees become due and payable upon exchange of contracts.
- Fees are subject to VAT at the prevailing rate.
- If the fee is not paid within 14 days of the due date, the Company reserves the right to charge interest at 4% above the Central Bank of Ireland base rate.
5. Marketing and Advertising
- The Company will market the Property on appropriate online platforms and in its chosen media.
- The Client authorises the Company to take photographs, floorplans, and other relevant marketing materials.
- The Client agrees that the Company may erect a “For Sale” board at the Property unless instructed otherwise in writing.
- The Company does not guarantee a sale or any particular outcome.
6. Client Obligations
- The Client agrees to provide accurate and complete information about the Property.
- The Client agrees to inform the Company of any material changes regarding ownership or the condition of the Property.
- The Client must disclose any other agents involved and any prior interest received in the Property.
- The Client must notify the Company immediately of any offers received directly or through another party.
7. Disclosure and Compliance
- The Client confirms that they comply with the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008.
- The Client is responsible for ensuring compliance with EPC (Energy Performance Certificate) requirements.
- The Company may refer clients to third-party services (e.g., conveyancing or mortgage advice) and may receive referral fees.
8. Offers and Sale Progression
- All offers received will be communicated to the Client promptly.
- The Company will assist in sales progression up to exchange and completion but does not act as a legal representative.
- The final decision on accepting any offer lies solely with the Client.
9. Withdrawal and Termination
- The Client may terminate this Agreement by giving 14 days’ written notice unless otherwise agreed.
- If marketing materials have been created or disbursements made, the Company may charge a reasonable withdrawal fee.
- The Company reserves the right to terminate the agreement immediately in the event of breach, abuse, or dishonesty by the Client.
10. Limitation of Liability
- The Company will perform services with reasonable care and skill.
- The Company shall not be liable for any indirect, consequential loss or profit, or for the actions or negligence of third-party professionals.
- Nothing in this agreement limits liability for death or personal injury caused by negligence or fraud.
11. Data Protection
- The Company complies with the General Data Protection Regulation (GDPR).
- Personal data will be processed only for the purpose of marketing, selling the Property, or fulfilling legal obligations.
- A full privacy policy is available on request or via the Company’s website.
12. Complaints Procedure
- Complaints should be submitted in writing and will be dealt with in accordance with the Company’s in-house complaints procedure.
- The Company is a member of a redress scheme (e.g., The Property Ombudsman), details of which are available upon request.
13. Jurisdiction
Any disputes shall be subject to the exclusive jurisdiction of the courts in the Company’s country of registration.
These Terms and Conditions are governed by the laws of England and Wales (or Scotland, as applicable).
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