View Full Version : Need a specimen/precedent Agency Agreement
FG_Landlord
25-02-2008, 23:54 PM
hi guys, where can i get a sample agreement between landlord and agency? if you have any please email to: currency_trader@hotmail.co.uk
Thank you.
Colincbayley
26-02-2008, 06:55 AM
Would like like tenant find only or fully managed?
pcwilkins
26-02-2008, 07:19 AM
hi guys, where can i get a sample agreement between landlord and agency? if you have any please email to: currency_trader@hotmail.co.uk
Ask any agency. If you have a property to let they'll be only too pleased to let you see the agreement they use.
Peter
Surrey
26-02-2008, 10:57 AM
But be aware they may well just refer to their terms and conditions, and an unsuspecting landlord might not realise that by signing their terms and conditions they have entered into a contract, even though the letting agent doesn't actually sign them.
jeffrey
26-02-2008, 11:02 AM
But be aware they may well just refer to their terms and conditions, and an unsuspecting landlord might not realise that by signing their terms and conditions they have entered into a contract, even though the letting agent doesn't actually sign them.
Yes. Remember that "Terms and Conditions" usually means the small print, perhaps on the back or in another document entirely. The Contract can incorporate them by reference and need not set them out at length. It is the Contract that has legal effect and brings with it these T&C.
If T&C are sprung on a contracting party AFTER entry into Contract, and that party did not know of them beforehand, they are NOT BINDING- not just jeopardised by the Unfair Terms doodah but OF NO EFFECT AT ALL.
pcwilkins
26-02-2008, 11:11 AM
If T&C are sprung on a contracting party AFTER entry into Contract, and that party did not know of them beforehand, they are NOT BINDING- not just jeopardised by the Unfair Terms doodah but OF NO EFFECT AT ALL.
When you say "know of them" does that include if someone signed the contract without noticing the terms were mentioned; or would the T&C only be non-binding if they weren't mentioned in the contract or verbally at all? I.e. do the T&C's have to be pointed out to the contract-signer, or is it up to them to notice them?
Peter
jeffrey
26-02-2008, 11:23 AM
T&C have to be incorporated as part of the Contract into which Mr X entered, or else they're of no effect.
If X did not know of any T&C, they're out. Example: unmanned car park; X pays money into slot; machine issues ticket; T&C appear on back of ticket; T&C too late, as Contract already exists by then; T&C not binding.
If X knew/noticed/was vaguely aware that there were T&C, but failed to read them, that's his own fault and they're in.
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