1. Koops & Co. Services
We agree to provide the following services
- Advertisement and marketing of the Property through appropriate channels
- Facilitation of viewings through the introduction of prospective buyers to the client
- Advising on negotiating offers made for the property
- Assisting in progressing the transaction to completion, in engagement with relevant professionals
Koops & Co. shall exercise reasonable skill, care and diligence in the performance of these services.
2. Client Obligations
a) Access/Keys: Where you provide us with a set of access keys (or authorise us to use keys held by another agent), we may make additional copies to facilitate property viewings by the instructed office. We will not charge you for this service. Koops & Co. secure all keys using a key tag system, which ensures that third parties cannot identify which Property a set of keys belong to. If keys are lost or unaccounted for, Koops & Co. liability is strictly limited to the cost of a replacement set of keys.
b) Reasonable Access: Reasonable access to the Property should be granted for prospective buyers and to allow the Koops & Co. to conduct marketing activities necessary to fulfil their role.
c) Accurate Information: You must ensure that all information about the Property provided to Koops & Co. is true, accurate, and up to date.
d) Cooperation: You shall not undermine the efforts of Koops & Co. during the period of this agreement or engage with other agents unless previously agreed in writing.
e) Independent Marketing: You agree not to independently market or advertise your property on any online platforms or other media during the agreement without the prior written consent of Koops & Co.
3. Agency Agreement
The type of agency agreement defines the scope of exclusivity between Koops & Co. and the client, you. It outlines the circumstances under which you may become liable to pay commission. Upon signing, the agency agreement should be followed or liability as outlined may follow:
a) Sole Agency
Koops & Co. has the exclusive right to market and sell the property. If the property is sold during the agreement period, you will be liable to pay our fees, in addition to any agreed costs or charges Commission will be payable only in the event that Koops & Co. introduces the buyer to you or the buyer becomes aware of the property through our marketing.
No other agents may be instructed during this time other than with the prior written consent of Koops & Co.
b) Joint Sole Agency
The seller instructs two estate agents to market the property at the same time. Commission will be shared equally between both agents upon completion, in addition to any agreed costs or charges. Commission will be payable only in the event that Koops & Co. or the other agreed agent introduces the buyer to the property or the buyer becomes aware of the property through our, or the other agents, marketing. Each party covers its own marketing and operational costs.
The seller must not instruct more than the two named agents during the term of this agreement.
4. Anti Money-Laundering Regulations (AML)
In order to comply with our obligations under the Anti-Money Laundering and Countering the Financing of Terrorism Code 2019.
We are required to obtain and retain evidence confirming your identity and proof of your residential address, or, where you are a company full details in relation to you, your shareholders and your directors.
We cannot proceed with your instructions until this has been provided. Where appropriate, we may also request proof of ownership of the Property and confirmation of the source of funds. We reserve the right to carry out electronic ID checks and cannot proceed until all required information has been received and verified.
5. Fees
a) Fees Payable
Koops & Co. Limited’s fees are calculated as a percentage of the final sale price achieved, plus VAT at the applicable rate. For sole agency instructions, the fee is 0.85% + VAT and for joint sole agency instructions, 1.25% + VAT (split between both agencies). For example, on a £300,000 property, the fee would be £2,550 + VAT for sole agency and £3,750 + VAT for joint sole agency. The sale price is deemed to include any additional amounts paid for fixtures, fittings, carpets, curtains, and similar items.
b) Responsibility of Fees
The responsibility for payment of our fees remains with the party or parties named in this agreement, and by signing, you confirm that you have obtained all necessary consents to instruct Koops & Co. Limited to sell the property. Koops & Co. Limited will be entitled to a commission fee if you terminate this agreement and subsequently sell the Property to a purchaser introduced by us within six months of the end of our instructions. However, we will waive our right to a commission if that purchaser goes on to buy the Property through another estate agent, provided they were introduced by that agent more than six months after our instruction ended.
c) Time & Payment of Fees
All Koops & Co. Limited fees become due and payable upon exchange of contracts. However, at our discretion, payment may be deferred until the completion date. By signing this agreement, you authorise your advocate to arrange payment of our fees within no more than 7 working days following completion of the sale.
d) Interest
Koops & Co. Limited reserves the right to charge interest on any outstanding fees not paid within 28 days of the initial demand, starting from the date of completion of the sale. The prescribed rate of interest will be 2% above the Bank of England base rate as at the date the fees were first demanded, and will be payable from that date.
6. Jurisdiction
This agreement shall be governed by the laws of the Isle of Man, and the Courts of the Isle of Man shall have exclusive jurisdiction over any disputes arising from it.
7. Marketing and Photography
You authorise Koops & Co. Limited to display a “For Sale” board during the period of instruction, subject to local planning regulations. You also authorise us to attend the property, take photographs, create floorplans, and produce additional marketing materials such as walk-through or virtual tours. You permit the use of these images and materials for marketing purposes and for promoting the Koops & Co. brand across all advertising platforms, including but not limited to our website, third-party property portals, social media, and printed media. The copyright of all photographs, floorplans, and marketing content remains exclusively with Koops & Co. Limited.
8. Notice of Right to Cancel
You may have the right to cancel this agreement under the Consumer Protection (Cancellation of Relevant Contracts) Regulations 2016 within 14 calendar days from the date it is signed. Notice of cancellation must be provided in writing and delivered by hand, sent by post to Koops & Co. Limited [Insert Company Address], or emailed to hello@koopsandco.com. Any notice of cancellation will be deemed served on the day it is delivered, posted, or sent.
9. Termination of Services
This agreement is not subject to a fixed period. This agreement may be terminated at any time by providing, no less than 14 days, written notice. On termination you will not be subject to any financial penalties or additional charges. You will not be liable for any further payments beyond those already incurred up to the date of termination. Charges for additional services beyond our standard offering will only be applicable where you have specifically requested such services.
10. Complaints Procedure
If you have a complaint about Koops & Co. Limited that cannot be resolved with a member of our team, please write to us at 8 St. Georges Street, Douglas, Isle of Man or email hello@koopsandco.co, including your full name, preferred contact details, and any supporting information. We are registered with The Property Ombudsman and follow their guidance. Your complaint will be acknowledged within 3 working days and investigated internally, with a formal written response issued within 15 working days. If you remain dissatisfied, you may escalate the matter to the Head of Compliance at [Insert Address] or hello@koopsandco.com, who will conduct a separate investigation and respond within 15 working days. If you are still not satisfied, you may refer your complaint to The Property Ombudsman within 12 months.
11. Connected Person
As required by the Estate Agents Act 1975, Koops & Co. Limited must disclose any actual or potential conflict of interest where our interests—or those of a connected person—may conflict with those of our client. This includes any personal or financial interest in the property or its sale, or any benefit from services offered to prospective purchasers. If you are or become aware of such an interest, you must notify Koops & Co. Limited immediately.
12. Data Protection & Privacy
Koops & Co. Limited complies with all applicable data protection and privacy laws when handling your personal data, ensuring it is processed securely, lawfully, and transparently in accordance with relevant legislation.
For further information please refer to the enclosed privacy policy.
13. Confidentiality
Both the Koops & Co. and the Client agree to keep confidential any personal or sensitive information exchanged during the course of this agreement, except where disclosure is required by law or necessary to perform the Agent’s duties.
14. Disclosure
It is a condition of this agreement that if an offer is accepted privately or through another estate agent, you must disclose the identity of the purchaser to Koops & Co. Limited prior to the exchange of contracts.