Terms of business
The terms on which we sell homes and act as a buying agent.
These terms, together with the fee schedule we send you, form the agreement between you and Makan Real Estate Ltd. Your fee schedule sets out your fee, any other costs and the service you've chosen. Please read both carefully before you sign, and ask us if anything is unclear.
Part A: For all clients
A1. About us
Makan Real Estate Ltd ("Makan", "we", "us") is registered in England and Wales, company number 16410225, with its registered office at 13 Cavendish Road, London SW19 2ET, United Kingdom. We are a member of the Property Redress Scheme (membership number PRS057583), registered with the Information Commissioner's Office (ZC108830) and supervised by HM Revenue and Customs for anti-money laundering purposes.
A2. Our fees and VAT
Your fees are set out in your fee schedule and agreed in writing before we start. We are not currently registered for VAT, so no VAT is charged on our fees. If we become VAT registered, we'll tell you in writing before any VAT is added, and VAT will then be charged at the rate in force when it becomes payable.
Invoices are payable within 14 days of the invoice date, unless we agree otherwise in writing.
A3. Identity and anti-money laundering checks
The Money Laundering Regulations 2017 require us to verify the identity of our clients and, where relevant, the source of their funds and wealth. We can't act for you until these checks are complete. If we have a suspicion of money laundering, we may be required by law to report it to the National Crime Agency without telling you, and to stop acting for you.
A4. Your right to cancel
If you sign this agreement away from our business premises, online, by email or by phone, you have the right to cancel it within 14 days of the day it was made, without giving a reason. To cancel, tell us clearly in writing, for example by email or by using the cancellation form below.
We won't start work during the 14 days unless you ask us to in writing. If you ask us to start and then cancel within the 14 days, you'll pay a proportionate amount for the work we've done up to the time you tell us you're cancelling. If our service has been completed in full within the 14 days at your request, you lose the right to cancel.
A5. Conflicts of interest and personal interests
We'll tell you promptly in writing if we, or anyone connected with us, have a personal interest in a property or transaction, as the Estate Agents Act 1979 requires.
We may market a home for a seller that a buying client is interested in. On that home we represent the seller, not the buyer, and we'll confirm this in writing to both of you before any viewing or offer. Because we represent the seller, we can't act as the buyer's agent or advise the buyer on the price of that home, and we'll recommend the buyer takes independent advice. We won't charge the buyer any buying fee on that home, so no completion fee (Part C2) is payable if the buyer buys it. Any retainer the buyer has already paid for our search isn't affected.
A6. Introductions and referral fees
We may introduce you to solicitors, surveyors, finance providers, letting and management agents or other services. You're free to use anyone you choose. If we or anyone connected with us would receive a referral fee or other benefit from an introduction, we'll tell you in writing what it is and how much, before you decide.
A7. Client money
We don't hold client money. Deposits and purchase money are paid directly to the solicitors acting in the transaction, never to us.
A8. Our responsibility to you
We'll provide our services with reasonable skill and care. Our opinions on value, condition and areas are given honestly but are not a survey, valuation for lending or legal, tax or financial advice. You should take that advice from qualified professionals before making decisions.
We're not responsible for losses that weren't reasonably foreseeable, for business losses or for the acts of third parties we don't control, such as solicitors, surveyors, other agents or buyers and sellers. Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud or for anything else the law doesn't allow us to limit, and nothing affects your statutory rights.
A9. Complaints
If you're unhappy with our service, please follow our complaints procedure. If we can't resolve your complaint, you can refer it to the Property Redress Scheme.
A10. Your personal information
We use your personal information as explained in our privacy policy.
A11. Changes and governing law
Any change to this agreement must be agreed in writing. This agreement is governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.
Part B: Selling your home
B1. Our service
We'll value your home, agree a marketing plan with you, market it (including on Rightmove and Zoopla through our partner The Property Experts), arrange and accompany viewings, pass on and negotiate offers and progress the sale through to completion. Your fee schedule sets out any marketing costs (such as photography, floorplans or video) and who pays them.
B2. Sole agency
You instruct us as your sole agent. This means you'll be liable to pay our fee, 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 during the period of our sole agency, or with whom we had negotiations about the property during that period; or
- with a purchaser introduced by another agent during that period.
Our fee is then payable on completion of the sale. You won't owe a fee if you sell privately to a buyer who wasn't introduced by us or another agent.
B3. How long the agreement lasts
Our sole agency lasts for an initial period of 12 weeks from the date you sign. After that it continues until either of us ends it by giving 14 days' written notice. You can give notice during the initial period, but it won't take effect before the 12 weeks have passed.
If, within 6 months after our agreement ends, you exchange contracts with a buyer we introduced or negotiated with while we were instructed, our fee will be payable on completion of that sale.
B4. Our fee
Our fee is a percentage of the agreed sale price, as set out in your fee schedule. There is no fee if your home doesn't sell. If you withdraw your home from the market, you pay only any marketing costs your fee schedule says are payable in that case.
B5. What we need from you
- Confirmation that you own the property, or are authorised to sell it, and that any co-owners agree to the sale.
- Accurate information about the property, including its tenure, council tax band, any lease details and anything a buyer would reasonably need to know. The law requires us to give buyers this material information, so please tell us promptly if anything changes.
- A valid Energy Performance Certificate before marketing begins.
- Access for viewings and keys if you'd like us to conduct viewings in your absence.
- Your identity documents for our anti-money laundering checks.
B6. Offers
We'll pass on every offer we receive to you promptly and in writing, unless you've told us in writing not to pass on offers of a certain kind. We'll also tell you if a buyer has asked us for, or been offered, any other service by us.
Part C: Our buying service
C1. Our service
As your buying agent we act for you only. Depending on the package in your fee schedule, we'll agree your brief, search every source, not just the big portals, send you a shortlist backed by HM Land Registry sold prices, view homes in person or by live video, check and negotiate on the property you choose and help progress the purchase to completion. Home setup is included in our Complete Package and is also available on its own as an add-on.
We don't take commission from developers or sellers on properties we find for you. If you're interested in a home we're selling for a seller, we represent the seller on that home and won't charge you a buying fee; Part A5 explains this.
C2. Our fees
- Retainer: a fixed retainer is payable when our search begins, after your cancellation period unless you ask us to start sooner. It covers agreeing your brief, the search, shortlisting and viewings. Once the search has begun it is non-refundable, except as set out in A4.
- Completion fee: a fee, as a percentage of the purchase price or a fixed amount as set out in your fee schedule, payable on completion of your purchase of a property we introduced, viewed or negotiated for you. The retainer you've paid is deducted from it. It isn't payable on a home we're selling for a seller (see A5).
- Home Setup: priced separately and agreed in writing before any work or purchases are made.
If, within 6 months after our agreement ends, you complete the purchase of a property we introduced to you or negotiated for you, the completion fee will be payable, unless it's a home we're selling for a seller (see A5).
C3. How long the agreement lasts
Our agreement continues until your purchase completes or either of us ends it by giving 14 days' written notice.
C4. What we need from you
- A clear brief and prompt feedback on the homes we show you.
- Confirmation that your funds are available, and your documents for our anti-money laundering checks.
- Your own solicitor and, where recommended, a chartered surveyor. We can introduce you to both.
The decision to buy is always yours. We can't guarantee to find a property or achieve a particular price.
C5. After your purchase
We don't provide lettings or property management. If you plan to rent out your home, we can introduce you to independent letting and management agents, who will agree their own terms and fees with you directly.
Cancellation form
Complete and return this form only if you wish to cancel within your 14-day cancellation period. You can email it to contact@makanrealestate.co.uk or post it to our registered office.
To: Makan Real Estate Ltd, 13 Cavendish Road, London SW19 2ET, United Kingdom, contact@makanrealestate.co.uk
I/We hereby give notice that I/we cancel my/our contract for the provision of the following service: ............................................
Agreement signed on: ..................
Name(s): ............................................
Address: ............................................
Signature(s) (only if this form is sent on paper): ..................
Date: ..................