From the Legal Beagles forum:
"Following to my post in September where Ernest wilson decided to invoice me for selling a business that I had sold myself, after promising me no commission charge, just to say that today I won. Despite offering them early settlement along the way, and them declining anything less than full, today they tried to settle early. I decided to fight it and the judge ruled in my favour.
My barrister was the key to this and I'm so greatful. The amount they were wrongly trying to charge me was no way near as much money as I've heard other people telling me about, but to myself and family £5000 was worth fighting. We did it, we won and tonight I am celebrating."
Sunday 23 April 2017
Sunday 20 November 2016
And Now The Positive Reviews
In the interests of balance here are a couple of the 5 star reviews that have been posted on allAgents.co.uk over the past few weeks, increasing Ernest Wilson's rating to 2.1 stars!
Sunday 6 March 2016
The Baroness of Barkisland?
All of the information below has been gathered from the public domain.
As we've seen before, in many less than positive reviews and discussions, some clients of Ernest Wilson are unhappy that the agency has failed to sell their business but still pursued them, often through the courts, for thousands of pounds in fees.
It's ironic then to find this 2012 article in the Sunday Times where Robert and Eve Williamson complain that they can't sell their mansion, Barkisland Hall (and that's despite the fact that it's been featured in The Wall Street Journal)!
Barkisland Hall was until recently advertised on Rightmove, where it's now shown as withdrawn from sale, but it's still on Zoopla, for sale at offers over £2m.
If you're worried about whether the Williamsons have been able to sell their mansion, sorry, we don't know, but Eve Williamson, a Kennel Club judge, is listed on the KC website as "Baroness E Williamson" of The Grange, Willow Court, Kirkheaton, Huddersfield. From a quick look at Google Streetview, it looks like it could be here.
As for Mrs Williamson's title, she's also been described as "Lady Eve Williamson" in this account of a garden party, although she doesn't appear, either as a Lady or a Baroness, on the UK Government House of Lords website or Debretts.
As we've seen before, in many less than positive reviews and discussions, some clients of Ernest Wilson are unhappy that the agency has failed to sell their business but still pursued them, often through the courts, for thousands of pounds in fees.
It's ironic then to find this 2012 article in the Sunday Times where Robert and Eve Williamson complain that they can't sell their mansion, Barkisland Hall (and that's despite the fact that it's been featured in The Wall Street Journal)!
Barkisland Hall was until recently advertised on Rightmove, where it's now shown as withdrawn from sale, but it's still on Zoopla, for sale at offers over £2m.
If you're worried about whether the Williamsons have been able to sell their mansion, sorry, we don't know, but Eve Williamson, a Kennel Club judge, is listed on the KC website as "Baroness E Williamson" of The Grange, Willow Court, Kirkheaton, Huddersfield. From a quick look at Google Streetview, it looks like it could be here.
As for Mrs Williamson's title, she's also been described as "Lady Eve Williamson" in this account of a garden party, although she doesn't appear, either as a Lady or a Baroness, on the UK Government House of Lords website or Debretts.
Tuesday 16 February 2016
Ernest Wilson's Directors' Property Interests
We've been reminded by a friend that some of Ernest Wilson's directors and senior staff, and their relatives, are also company officers (director/secretary) for property companies.
Willow Properties (Yorkshire) Limited
Directors: Robert Williamson, Eve Williamson, Paul Williamson, Tamara Dawn Beckwith, Jonathan Holmes
Cleckheaton Properties Limited
Directors: Paul Williamson, Tamara Dawn Beckwith
(Note: Paul Williamson and Tamara Dawn Beckwith are, we're told, the son and daughter of Robert and Eve Williamson, and information on companies is available for free from Companies House).
We've also been given information that these property companies sometimes buy and sell businesses through Ernest Wilson - this is allowed by the regulator under certain circumstances, mainly that any interests are declared:
Willow Properties (Yorkshire) Limited
Directors: Robert Williamson, Eve Williamson, Paul Williamson, Tamara Dawn Beckwith, Jonathan Holmes
Cleckheaton Properties Limited
Directors: Paul Williamson, Tamara Dawn Beckwith
(Note: Paul Williamson and Tamara Dawn Beckwith are, we're told, the son and daughter of Robert and Eve Williamson, and information on companies is available for free from Companies House).
We've also been given information that these property companies sometimes buy and sell businesses through Ernest Wilson - this is allowed by the regulator under certain circumstances, mainly that any interests are declared:
We're sure that the staff of Ernest Wilson already know all that, and comply with it fully, though.
Declaring a personal interest
You must reveal promptly and in writing any personal interest you or a connected person have in a transaction. A ‘connected person’ (which includes partnerships, companies and unincorporated associations as well as individuals), means any of the following:
- your employer or principal
- your employee or agent
- any associate either of you or of any of the persons mentioned above
Note that ‘associate’ includes any business associate, as well as a person’s spouse and relatives and the spouse and relatives of a person’s business associate.If you have an exisitng personal interest you must declare this in writing before you begin negotiations.If you or a connected person are seeking to acquire an interest in your client’s property you must tell the client in writing as soon as possible. You should do the same if you or a connected person are selling your property to the client.You must not seek or receive a deposit for the sale of a property in which you have a personal interest.
Sunday 29 November 2015
Friday 23 October 2015
Ernest Wilson's Terms of Business
Shared with thanks to our friends at ernestwilson.info, which sadly will be going offline soon.
This is a fairly typical example of Ernest Wilson's terms of business (i.e. contract) - a few versions with slight differences are in circulation.
Terms of Business
Appointment
1.0 By signing this contract you hereby appoint Ernest Wilson to sell your business and/or property, information regarding which is written on page 1 of this contract and which you have read and certify as true.
1.1 In consideration of services rendered and of making reasonable efforts to sell the said business and/or property you hereby agree to give us sole selling rights (see Definitions” below for a full explanation of the term “Sole Selling Rights”) during the period of this contract and to pay any other commission or advertising and marketing charges due under this agreement.
1.11 Ernest Wilson agree’s to cooperate with yourself and prospective Buyers to achieve a sale of the said business and/or property.
1.2 During the period of this contract you agree to cooperate fully with Ernest Wilson and all prospective Buyers so as to give us every opportunity to earn our commission.
1.3 Ernest Wilson will offer all applicants and prospective Buyers its full range of estate agency services including the valuation of their present property, a sales service, assistance with the arranging of mortgages and/or loans and assistance with the arrangement of insurance and you are made aware that Ernest Wilson will normally earn a fee from such applicants and/or prospective Buyers for such services. No charge will be made to you for any service offered by Ernest Wilson to any other person.
1.31 lf you do not wish Ernest Wilson to offer any of the services mentioned in 1.3 then you must sign in this box:
1.4 Ernest Wilson can accept no responsibility for any errors, omissions or misrepresentations in the particulars on page 1 of this contract which have been read and checked by you in full.
Length and Termination of Contract.
2.0 This contract shall be for a minimum period of 6 months during which time you will not be able to cancel the contract.
2.1 If after the minimum six months period of this contract you wish to cancel this agreement then you may do so only by giving twenty eight days’ notice in writing by Royal Mail Special Delivery to the address on page 1 of this contract and that Ernest Wilson will retain sole selling rights until the expiration of the notice period.
2.11 lf you exercise your right to cancel this agreement at any time after the minimum six months period then you agree that you will pay all advertising and marketing expenses in accordance with the terms of this contract.
2.2 Ernest Wilson may cancel this contract at any time after the initial six month period by writing to you by Royal Mail Special Delivery at the address overleaf (marked “Private Address”) giving you 28 days notice without affecting your liability for any charges and/or fees which may be due or which may become due to Ernest Wilson from you and you agree that you will pay within 14 days of issue any account issued by Ernest Wilson in respect of advertising and marketing expesnes in accordance with the terms of this agreement.
2.3 For the avoidance of doubt in the event that a sale shall be agreed but shall not complete then this contract shall continue in force until cancelled in accordance with clauses 2.0 to 2.2.
Charges, Costs & Expenses.
Sale of Shares in a Limited Company
3.0 ln the event that a sale of shares of a limited company is effected commission will be calculated in accordance with 3.01 and/or 3.02 below based upon the last advertised price of/the business and/or property prior to instruction of Solicitors to deal with such sale.
Sale of Business and/or Property or Letting of premises at a Price/Annual Rental of £60,000 or less.
3.01 Commission of two thousand pounds plus advertising and marketing plus V.A.T. will be charged on any sale at a price of forty thousand pounds or under (including the transfer of an existing lease or the sale of fixtures and/or fittings which for the purpose of this clause shall be deemed as a sale of property) or letting at an annual rental of forty thousand pounds or under. In respect of and sale letting between a price/annual rental of forty thousand pounds and sixty thousand pounds inclusive, commission will be charged at five per cent of the selling price/annual rental of the business and or property plus advertising and marketing plus V.A.T.
Sale of Business and/or Property or Letting of premises at a Price/Annual Rental greater than £60,000.
3.02 Commission of five per cent of the selling price of the said property and/or business plus V.A.T. will be charged on any sale at a price in excess of sixty thousand pounds or in the event that the premises are let and no business and/or property is sold and the annual rent exceeds sixty thousand pounds then five per cent of the annual rental plus Value Added Tax will be charged.
Advertising and Marketing Charges.
3.1 Advertising and marketing expenses will be charged at fifty pounds per newspaper insertion plus V.A.T. and Ernest Wilson business catalogue insertions at forty pounds per insertion plus V.A.T. the cost of erecting a ‘For Sale Board and Sold Slip’ will be Eighty Five pounds plus V.A.T. and for the cost of preparing photographs of the business and/or property a charge of seventy five pounds plus V.A.T. will be made plus a further ten pounds plus V.A.T. per fifty miniprint photographs ordered or printed by Ernest Wilson on your behalf.
Charges for Accompanied Viewings.
3.11 You also understand and fully agree that you shall be responsible to pay for all/any accompanied viewings made by Ernest Wilson at the rate of thirty pounds per viewing (subject to a maximum of £420 + V.A.T.) on top of all other advertising and commission charges.
Total Cost for Advertising and Marketing
3.2 By signing this contract you authorise Ernest Wilson to expend upto but no more than one hundred and forty pounds plus V.A.T. per month in respect of Newspaper and Catalogue insertions.
3.3 You are made aware that any charge made by Ernest Wilson for photographs and mini photographs shall not exceed four hundred and twenty five pounds plus V.A.T.
Authority to Advertise.
3.4 By signing this contract you hereby authorise Ernest Wilson to arrange Adverts, make an entry in their catalogue, take photographs, order and/or print mini photographs and/or erect a “For Sale” sign as they may see fit in an effort to sell the business and/or property.
Pre-payments
3.5 You also agree that any payment you may make to Ernest Wilson prior to receiving our final account shall be a part payment only on account.
Debt Recovery
3.6 You agree to pay all fees, costs and expenses in relation to recovery of all commissions, advertising and marketing expenses incurred by Ernest Wilson in effecting such recovery including but not limited to: tracing agency fees, solicitors and other legal fees.
Late Payment of Account
3.7 You agree to pay to Ernest Wilson interest in accordance with the “Late Payment of Commercial Debts (Interest) Act 1998” and the “Late Payment of Commercial Debts Regulations 2002”, (such interest to be calculated on a day to day basis).
Commission Payable
4.0 Commission (in addition to any advertising and marketing costs which may also be due in accordance with clause 3.0 to Clause 3.7 hereof) will be charged upon occurrence of one or more of the following events:-
4.01 The sale of the said business and/or property during the period of this agency whether or not Ernest Wilson was instrumental in effecting such sale, and even if you yourself were so instrumental;
4.02 The sale of the said business and/or property at any time to a Buyer/s who have been introduced to the to the Sellers or have taken or have been given particulars from/by Ernest Wilson’s during the period of these instructions whether or not Ernest Wilson’s were instrumental in effecting such introduction.
4.03 The signature during the period of these instructions by prospective Buyers of a written agreement to purchase the said business and/or property at the price set out by you on page 1 of this agreement or any other price you have approved whether or not you are prepared to sign such agreement yourself.
4.04 The finding of a ready willing and able Buyer during the period of these instructions at the price set out by you on page 1 of this agreement or any other price agreed by you whether or not you are prepared to proceed with such sale.
4.05 The beneficial transfer of property (whether real or intellectual) including but not limited to: the granting or assignment of a lease on the premises and/or the sale or transfer of fixtures and fittings and/or the shares of a Limited Company.
4.06 The sale of the said business and/or property at any time to a buyer who either we or you had negotiations with during the period of these instructions whether or not Ernest Wilson was instrumental in effecting such sale.
4.07 The sale of the said business and/or property time to a buyer/s where the instruction of a Solicitor/Licensed Conveyancer by the Seller to deal with such sale took place the period of these instructions.
4.08 The sale or transfer of the property in accordance with 4.01, 4.02, 4.03, 4.04, 4.05, 4.06 or 4.07 where the said property is owned either jointly or solely by any of your partners, a Limited Company of which you or any of your partners (whether business or personal) are either a Director, Officer or Shareholder even if you own the business and/or business assets yet have no interest in the property.
Deposits
5.0 By signing this contract you authorise Ernest Wilson to hold as Stakeholder all/any deposits paid to them in respect of your sale and you authorise them to withdraw their fees, expenses, charges and V.A.T. from any such deposits held.
5.1 In the event of existing trade licences for the said business not being transferred and/or granted to the Buyer or in the event of the Buyer not being accepted as a tenant by the Landlord, or in the event of any misrepresentation by you in the information contained on page 1 of this agreement you authorise Ernest Wilson to return to the Buyer any monetary deposit that may have been paid to them.
No Spoken Amendment
6.0 By signing this contract you confirm that no oral amendment to the terms of remuneration or any other term of this contract as set out on page 2, 3 and 4 of this agreement have been made or will be made or will be accepted by either party (except to any changes to the “Particulars and Details of Business/Property” specifically within the area edged red on page1 of this agreement).
6.1 Any amendment to this contract can only be made in writing by both parties. A request for an amendment made in writing by either yourself or Ernest Wilson shall not be deemed to have been accepted unless a written agreement to such request has been made by the other party.
Limited Companies and/or Limited Liability Partnerships
7.0 You understand that if you sign this contract as a Director, Officer or on behalf of a Limited Company or on behalf of a Limited Liability Partnership and that Limited Company or Partnership is unable to meet its commitments or enters into liquidation or in the case of a Limited Company enters into amalgamation (and the amalgamated company shall not settle the account made by Ernest Wilson in accordance with this agreement) or shall fall to settle the account within 28 days then you hereby give your irrevocable personal guarantee that you will settle Ernest Wilson’s account in full within 14 days of the account being issued and under this guarantee you agree to be bound by all the terms and conditions contained herein as if you had signed this contract as a private individual.
Important – Full Title Guarantee.
8.0 You confirm that there are no third party rights over the freehold/leasehold interest in the property described on page 1 of this contract and that if the property referred to is leasehold then you confirm that there is no breach of covenant which may result in forfeiture (termination) of the said lease and you do hereby sell any leasehold/freehold property with Full Title Guarantee.
8.1 You also confirm that you have been made aware of the meaning of the term “Full Title Guarantee” and you undertake to inform Ernest Wilson in writing by Royal Mail Recorded Delivery to the address on page 1 of this contract within 7 days if at any time during the period of these instructions if you are unable to sell the said freehold/leasehold interest in the property without Full Title Guarantee.
Credit References
9.0 We will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses. We may also make enquiries about the principal directors with a credit reference agency and we will monitor and record information relating to your trade credit performance and such records will be made available to other organisations to assess applications for credit.
Money Laundering Regulations
10.0 Prior to commencing the marketing of your business we will attempt to verify your identity (and/or the identity of the individual on whose behalf you are acting), and we will charge you £30 to carry out this procedure. This process involves checking the details you supply against those held on a number of specific databases Experian – the credit reference agency – has access to, for example information from the Electoral Register and fraud prevention agencies. Scoring methods will be used in the verification process as this gives a more thorough check of the available data. A record of this process will be kept may be used to help other companies to verify your identity. We may also pass information to organisations involved in fraud prevention to protect ourselves and our customers from theft and fraud. If you supply false or inaccurate information and we suspect fraud, we will record this and share this information with other organisations.
DEFINITIONS
SOLE SELLING RIGHTS
You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, in each of the following circumstances
if unconditional contracts for the sale of the property are exchanged in the period during which we have sole selling rights, even if the Buyer was not found by us but by another agent or by any other person, including yourself; or
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 Buyer who was introduced to you during that period or with whom we had negotiations about the property during that period.
READY WILLING AND ABLE BUYER
A Buyer is a ‘ready, willing and able’ Buyer if he is prepared and is able to exchange unconditional contracts for the purchase of your property.
You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if such a Buyer is introduced by us in accordance with your instructions and this must be paid even if you subsequently withdraw and unconditional contracts for sale are not exchanged, irrespective of your reasons.
FURTHER RlGHTS TO COMMISSION
Under this agreement the term “remuneration” has the same meaning as “commission”.
The above definitions iof “sole selling rights” and “ready willing and able buyer” are set out in this agreement pursuant to regulation 5 of the Estate Agents (Provision of Information) Regulations 1991.
They define only some of the circumstances when you will be liable to pay commission to Ernest Wilson under this agreement.
There are other circumstances under this agreement whereby you are liable to pay commission to Ernest Wilson. All of the circumstances in which you are liable to pay commission, which incorporate the circumstances under which remuneration is due under the definitions of “sole selling rights” and “ready willing and able buyer”, are set out in clause 4 above and your attention is specifically drawn to that clause of this agreement.”
By Signing this contract you confirm that you understand the above terms, a copy of which you have received, have read and understood and fully approved by you are legally binding on you and you sign this contract in such knowledge. N.B. You should not sign this contract if you do not understand all the terms and conditions without taking prior legal advice from your Solicitor or Citizens Advice Bureau.
This is a fairly typical example of Ernest Wilson's terms of business (i.e. contract) - a few versions with slight differences are in circulation.
Terms of Business
Appointment
1.0 By signing this contract you hereby appoint Ernest Wilson to sell your business and/or property, information regarding which is written on page 1 of this contract and which you have read and certify as true.
1.1 In consideration of services rendered and of making reasonable efforts to sell the said business and/or property you hereby agree to give us sole selling rights (see Definitions” below for a full explanation of the term “Sole Selling Rights”) during the period of this contract and to pay any other commission or advertising and marketing charges due under this agreement.
1.11 Ernest Wilson agree’s to cooperate with yourself and prospective Buyers to achieve a sale of the said business and/or property.
1.2 During the period of this contract you agree to cooperate fully with Ernest Wilson and all prospective Buyers so as to give us every opportunity to earn our commission.
1.3 Ernest Wilson will offer all applicants and prospective Buyers its full range of estate agency services including the valuation of their present property, a sales service, assistance with the arranging of mortgages and/or loans and assistance with the arrangement of insurance and you are made aware that Ernest Wilson will normally earn a fee from such applicants and/or prospective Buyers for such services. No charge will be made to you for any service offered by Ernest Wilson to any other person.
1.31 lf you do not wish Ernest Wilson to offer any of the services mentioned in 1.3 then you must sign in this box:
1.4 Ernest Wilson can accept no responsibility for any errors, omissions or misrepresentations in the particulars on page 1 of this contract which have been read and checked by you in full.
Length and Termination of Contract.
2.0 This contract shall be for a minimum period of 6 months during which time you will not be able to cancel the contract.
2.1 If after the minimum six months period of this contract you wish to cancel this agreement then you may do so only by giving twenty eight days’ notice in writing by Royal Mail Special Delivery to the address on page 1 of this contract and that Ernest Wilson will retain sole selling rights until the expiration of the notice period.
2.11 lf you exercise your right to cancel this agreement at any time after the minimum six months period then you agree that you will pay all advertising and marketing expenses in accordance with the terms of this contract.
2.2 Ernest Wilson may cancel this contract at any time after the initial six month period by writing to you by Royal Mail Special Delivery at the address overleaf (marked “Private Address”) giving you 28 days notice without affecting your liability for any charges and/or fees which may be due or which may become due to Ernest Wilson from you and you agree that you will pay within 14 days of issue any account issued by Ernest Wilson in respect of advertising and marketing expesnes in accordance with the terms of this agreement.
2.3 For the avoidance of doubt in the event that a sale shall be agreed but shall not complete then this contract shall continue in force until cancelled in accordance with clauses 2.0 to 2.2.
Charges, Costs & Expenses.
Sale of Shares in a Limited Company
3.0 ln the event that a sale of shares of a limited company is effected commission will be calculated in accordance with 3.01 and/or 3.02 below based upon the last advertised price of/the business and/or property prior to instruction of Solicitors to deal with such sale.
Sale of Business and/or Property or Letting of premises at a Price/Annual Rental of £60,000 or less.
3.01 Commission of two thousand pounds plus advertising and marketing plus V.A.T. will be charged on any sale at a price of forty thousand pounds or under (including the transfer of an existing lease or the sale of fixtures and/or fittings which for the purpose of this clause shall be deemed as a sale of property) or letting at an annual rental of forty thousand pounds or under. In respect of and sale letting between a price/annual rental of forty thousand pounds and sixty thousand pounds inclusive, commission will be charged at five per cent of the selling price/annual rental of the business and or property plus advertising and marketing plus V.A.T.
Sale of Business and/or Property or Letting of premises at a Price/Annual Rental greater than £60,000.
3.02 Commission of five per cent of the selling price of the said property and/or business plus V.A.T. will be charged on any sale at a price in excess of sixty thousand pounds or in the event that the premises are let and no business and/or property is sold and the annual rent exceeds sixty thousand pounds then five per cent of the annual rental plus Value Added Tax will be charged.
Advertising and Marketing Charges.
3.1 Advertising and marketing expenses will be charged at fifty pounds per newspaper insertion plus V.A.T. and Ernest Wilson business catalogue insertions at forty pounds per insertion plus V.A.T. the cost of erecting a ‘For Sale Board and Sold Slip’ will be Eighty Five pounds plus V.A.T. and for the cost of preparing photographs of the business and/or property a charge of seventy five pounds plus V.A.T. will be made plus a further ten pounds plus V.A.T. per fifty miniprint photographs ordered or printed by Ernest Wilson on your behalf.
Charges for Accompanied Viewings.
3.11 You also understand and fully agree that you shall be responsible to pay for all/any accompanied viewings made by Ernest Wilson at the rate of thirty pounds per viewing (subject to a maximum of £420 + V.A.T.) on top of all other advertising and commission charges.
Total Cost for Advertising and Marketing
3.2 By signing this contract you authorise Ernest Wilson to expend upto but no more than one hundred and forty pounds plus V.A.T. per month in respect of Newspaper and Catalogue insertions.
3.3 You are made aware that any charge made by Ernest Wilson for photographs and mini photographs shall not exceed four hundred and twenty five pounds plus V.A.T.
Authority to Advertise.
3.4 By signing this contract you hereby authorise Ernest Wilson to arrange Adverts, make an entry in their catalogue, take photographs, order and/or print mini photographs and/or erect a “For Sale” sign as they may see fit in an effort to sell the business and/or property.
Pre-payments
3.5 You also agree that any payment you may make to Ernest Wilson prior to receiving our final account shall be a part payment only on account.
Debt Recovery
3.6 You agree to pay all fees, costs and expenses in relation to recovery of all commissions, advertising and marketing expenses incurred by Ernest Wilson in effecting such recovery including but not limited to: tracing agency fees, solicitors and other legal fees.
Late Payment of Account
3.7 You agree to pay to Ernest Wilson interest in accordance with the “Late Payment of Commercial Debts (Interest) Act 1998” and the “Late Payment of Commercial Debts Regulations 2002”, (such interest to be calculated on a day to day basis).
Commission Payable
4.0 Commission (in addition to any advertising and marketing costs which may also be due in accordance with clause 3.0 to Clause 3.7 hereof) will be charged upon occurrence of one or more of the following events:-
4.01 The sale of the said business and/or property during the period of this agency whether or not Ernest Wilson was instrumental in effecting such sale, and even if you yourself were so instrumental;
4.02 The sale of the said business and/or property at any time to a Buyer/s who have been introduced to the to the Sellers or have taken or have been given particulars from/by Ernest Wilson’s during the period of these instructions whether or not Ernest Wilson’s were instrumental in effecting such introduction.
4.03 The signature during the period of these instructions by prospective Buyers of a written agreement to purchase the said business and/or property at the price set out by you on page 1 of this agreement or any other price you have approved whether or not you are prepared to sign such agreement yourself.
4.04 The finding of a ready willing and able Buyer during the period of these instructions at the price set out by you on page 1 of this agreement or any other price agreed by you whether or not you are prepared to proceed with such sale.
4.05 The beneficial transfer of property (whether real or intellectual) including but not limited to: the granting or assignment of a lease on the premises and/or the sale or transfer of fixtures and fittings and/or the shares of a Limited Company.
4.06 The sale of the said business and/or property at any time to a buyer who either we or you had negotiations with during the period of these instructions whether or not Ernest Wilson was instrumental in effecting such sale.
4.07 The sale of the said business and/or property time to a buyer/s where the instruction of a Solicitor/Licensed Conveyancer by the Seller to deal with such sale took place the period of these instructions.
4.08 The sale or transfer of the property in accordance with 4.01, 4.02, 4.03, 4.04, 4.05, 4.06 or 4.07 where the said property is owned either jointly or solely by any of your partners, a Limited Company of which you or any of your partners (whether business or personal) are either a Director, Officer or Shareholder even if you own the business and/or business assets yet have no interest in the property.
Deposits
5.0 By signing this contract you authorise Ernest Wilson to hold as Stakeholder all/any deposits paid to them in respect of your sale and you authorise them to withdraw their fees, expenses, charges and V.A.T. from any such deposits held.
5.1 In the event of existing trade licences for the said business not being transferred and/or granted to the Buyer or in the event of the Buyer not being accepted as a tenant by the Landlord, or in the event of any misrepresentation by you in the information contained on page 1 of this agreement you authorise Ernest Wilson to return to the Buyer any monetary deposit that may have been paid to them.
No Spoken Amendment
6.0 By signing this contract you confirm that no oral amendment to the terms of remuneration or any other term of this contract as set out on page 2, 3 and 4 of this agreement have been made or will be made or will be accepted by either party (except to any changes to the “Particulars and Details of Business/Property” specifically within the area edged red on page1 of this agreement).
6.1 Any amendment to this contract can only be made in writing by both parties. A request for an amendment made in writing by either yourself or Ernest Wilson shall not be deemed to have been accepted unless a written agreement to such request has been made by the other party.
Limited Companies and/or Limited Liability Partnerships
7.0 You understand that if you sign this contract as a Director, Officer or on behalf of a Limited Company or on behalf of a Limited Liability Partnership and that Limited Company or Partnership is unable to meet its commitments or enters into liquidation or in the case of a Limited Company enters into amalgamation (and the amalgamated company shall not settle the account made by Ernest Wilson in accordance with this agreement) or shall fall to settle the account within 28 days then you hereby give your irrevocable personal guarantee that you will settle Ernest Wilson’s account in full within 14 days of the account being issued and under this guarantee you agree to be bound by all the terms and conditions contained herein as if you had signed this contract as a private individual.
Important – Full Title Guarantee.
8.0 You confirm that there are no third party rights over the freehold/leasehold interest in the property described on page 1 of this contract and that if the property referred to is leasehold then you confirm that there is no breach of covenant which may result in forfeiture (termination) of the said lease and you do hereby sell any leasehold/freehold property with Full Title Guarantee.
8.1 You also confirm that you have been made aware of the meaning of the term “Full Title Guarantee” and you undertake to inform Ernest Wilson in writing by Royal Mail Recorded Delivery to the address on page 1 of this contract within 7 days if at any time during the period of these instructions if you are unable to sell the said freehold/leasehold interest in the property without Full Title Guarantee.
Credit References
9.0 We will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses. We may also make enquiries about the principal directors with a credit reference agency and we will monitor and record information relating to your trade credit performance and such records will be made available to other organisations to assess applications for credit.
Money Laundering Regulations
10.0 Prior to commencing the marketing of your business we will attempt to verify your identity (and/or the identity of the individual on whose behalf you are acting), and we will charge you £30 to carry out this procedure. This process involves checking the details you supply against those held on a number of specific databases Experian – the credit reference agency – has access to, for example information from the Electoral Register and fraud prevention agencies. Scoring methods will be used in the verification process as this gives a more thorough check of the available data. A record of this process will be kept may be used to help other companies to verify your identity. We may also pass information to organisations involved in fraud prevention to protect ourselves and our customers from theft and fraud. If you supply false or inaccurate information and we suspect fraud, we will record this and share this information with other organisations.
DEFINITIONS
SOLE SELLING RIGHTS
You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, in each of the following circumstances
if unconditional contracts for the sale of the property are exchanged in the period during which we have sole selling rights, even if the Buyer was not found by us but by another agent or by any other person, including yourself; or
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 Buyer who was introduced to you during that period or with whom we had negotiations about the property during that period.
READY WILLING AND ABLE BUYER
A Buyer is a ‘ready, willing and able’ Buyer if he is prepared and is able to exchange unconditional contracts for the purchase of your property.
You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if such a Buyer is introduced by us in accordance with your instructions and this must be paid even if you subsequently withdraw and unconditional contracts for sale are not exchanged, irrespective of your reasons.
FURTHER RlGHTS TO COMMISSION
Under this agreement the term “remuneration” has the same meaning as “commission”.
The above definitions iof “sole selling rights” and “ready willing and able buyer” are set out in this agreement pursuant to regulation 5 of the Estate Agents (Provision of Information) Regulations 1991.
They define only some of the circumstances when you will be liable to pay commission to Ernest Wilson under this agreement.
There are other circumstances under this agreement whereby you are liable to pay commission to Ernest Wilson. All of the circumstances in which you are liable to pay commission, which incorporate the circumstances under which remuneration is due under the definitions of “sole selling rights” and “ready willing and able buyer”, are set out in clause 4 above and your attention is specifically drawn to that clause of this agreement.”
By Signing this contract you confirm that you understand the above terms, a copy of which you have received, have read and understood and fully approved by you are legally binding on you and you sign this contract in such knowledge. N.B. You should not sign this contract if you do not understand all the terms and conditions without taking prior legal advice from your Solicitor or Citizens Advice Bureau.
Thursday 27 August 2015
This is what Ernest Wilson charges you £50 for...
Here it is, at last! Ernest Wilson's newspaper ads are tough to track down, but we found one.
Ernest Wilson charges each and every advertiser on this page £50. Our research suggests that the actual cost is well under £10 per ad.
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