Marketing valuation draft 8.11.18

Terms of Engagement for the Sale or Letting of Real Property

functions to a third party. In addition, we may need to make credit decisions about you (for example in relation to payment of fees) and we may search the files of credit reference agencies who will record any credit searches on their file. External firms or organisations may also conduct audit or quality checks on our business and may review files in the course of their work. Our service providers are obliged to keep your details securely, and use them only to fulfil the service they provide you on our behalf. Once your service need has been satisfied or the matter has been closed, they will dispose of the details in line with Brown & Co’s procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do so.

firm out of the completion monies. Any other arrangement must be agreed with the firm in advance and clearly set out in writing in the letter of engagement. 17.2 Failed Completion:- If a buyer/tenant exchanges contracts but fails to complete the purchase/tenancy, you will be liable to pay to the firm the agreed sale/letting fee plus any outstanding charges or expenses and you undertake to give irrevocable instructions to your solicitors to pay such fees, charges and expenses out of any deposit monies which become available. 17.3 Delayed Completion:- Unless otherwise agreed in writing, in the event of a delayed completion, the firm’s fees will become payable in full within 28 days of exchange of contracts and you undertake to give irrevocable instructions to your solicitors to pay the fees (and any outstanding charges or expenses) out of any deposit monies which become available. Should the buyer/tenant fail to complete, the firm undertakes to refund half the sale/letting fee. 17.4 Early Occupation:- In the event of a buyer/tenant being granted possession in advance of exchange of contracts or completion, the firm’s fees will become payable within 28 days of the buyer/tenant taking possession. Should the buyer/tenant fail to complete, the firm undertakes to refund half the sale/letting fee. 17.6 Interest will automatically be charged at 4% per annum above the base rate from time to time of National Westminster Bank plc, from the date of the invoice, on any account that remains unpaid 28 days after that date. 17.7 If the firm finds it necessary to use solicitors or other parties to recover agreed fees, charges or expenses, you will be required to repay any expenses incurred in full. 18. INTEREST ON CLIENT’S MONEY 18.1 Under the RICS Members’ Account Regulations we are required to inform you of the arrangements for the monies which we might hold on your behalf from time to time. 18.2 Brown & Co operates four separate general clients’ accounts which are maintained in accordance with the RICS Members’ Account Regulations. These are held with National Westminster Bank plc, 27/28 St Peter’s Hill, Grantham, Lincs, NG31 6QG; Barclays Bank Plc, 3 St James Court, Whitefriars, Norwich, NR3 1RJ; Barclays Bank PLC, 32 Bridge Street, Banbury, Oxfordshire OX16 5PN; and Barclays Bank PLC, Market Hill, Huntingdon PE29 3AE. All accounts are in the name of ‘Brown & Co Property and Business Consultants LLP, Clients a/c’. Our clients’ accounts are audited in accordance with the RICS Regulations. 18.4 Whilst monies are held in our clients’ accounts, the firm is entitled to the benefit of these monies. This means that no interest will be paid to you in respect of this money. 18.5 In accounting to you we will be entitled to offset any sums due to us in respect of fees, commissions, expenses and VAT. 19 DISCRIMINATION 19.1 It should be noted that the firm’s policy is that no client or applicant will receive less favourable treatment on the grounds 17.5 Subject as specified elsewhere in these Terms of Business, the firm’s accounts become payable on the date stated on the invoice. 18.3 Under the RICS Members’ Account Regulations there is a clients’ money protection scheme available.

15.6

T RANSFER O UTSIDE OF THE EU

We currently do not transfer any data outside of the EU. Should we need to do so in the future it will be in compliance with the GDPR requirements for external transfer and all details will be added to our Privacy Notices.

15.7

P ROFILING

We may from time to time use publicly available demographic information to determine who we target for specific events or marketing campaigns so as to avoid contacting individuals unnecessarily.

15.8

Y OUR R IGHTS

You have the right to:

Object to us processing your data Have inaccurate data rectified

• • •

Access the data we keep

• Have the data we keep on you deleted (in some cases) • Have the data we keep on you ported elsewhere 15.9 C ONSENT By consenting to this, you are giving us permission to perform those actions. You may withdraw consent at any time by contacting our Data Protection Manager.

15.10 M ARKETING

Occasionally we would like to send you information about additional services we offer. If you do not wish to receive such information, then please write to our Data Protection Manager.

15.11 F URTHER I NFORMATION

For further information as to how we protect and respect your privacy and ensure the security of your personal data, please read our Privacy Notice as published on our website at www.brown-co.com . 16. VAT 16.1 All the firm’s fees, charges and expenses are subject to Value Added Tax at the prevailing rate regardless of your domicile. 17. PAYMENT OF ACCOUNTS 17.1 The firm’s fees and any outstanding charges or expenses become payable on completion of the sale/letting (except in the case of paragraphs 5 and 6 above and 16.2, 16.3 & 16.4 below). You undertake to give your solicitors irrevocable instructions to pay the

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