Prior Agency InstructionsTerms & Conditions Clauses

Prior Agency Instructions & Dual Fee Terms & Conditions 

Operating Entity: 99home Limited (trading as 99home.co.uk)

TPO Membership Number: D14309

Overview & Regulatory Purpose

When selling or letting a property in the UK, instructing multiple estate agents or changing estate agents can create legal and financial risks regarding fee entitlements

In compliance with Section 3d, 5t, 5u, and 8d of The Property Ombudsman (TPO) Code of Practice for Residential Estate Agents, these terms set out your obligations when instructing 99home if your property is currently, or has previously been, listed with another estate agent

Terms & Conditions Clauses

Clause 6A.1: Disclosure of Prior or Current Agency Instructions

6A.1.1 The Seller must inform 99home in writing before or at the time of instructing 99home if the Property is currently listed, or has ever previously been listed, with any other estate agent, auctioneer, or property marketing service

Clause 6A.2: Mandatory Dual Fee Liability Warning

WARNING: DUAL FEE LIABILITY

If you have previously instructed another estate agent to market your Property (whether on a Sole Agency, Sole Selling Rights, Joint Agency, or Multiple Agency basis), you may remain contractually liable to pay that agent’s commission fee in addition to 99home’s marketing or commission fee under the following circumstances

1. A buyer who was introduced to the Property directly or indirectly by the previous agent proceeds to purchase or exchange contracts on the Property through 99home; or

2. You exchange contracts with a buyer within the tail-off period specified in your previous agent's contract (typically 6 months if another agent is instructed, or up to 2 years if no other agent is instructed)

If the Seller is unable or refuses to supply these documents, 99Home cannot advise whether the Seller is in breach of contract or liable for dual fees, and the Seller proceeds at their own legal and financial risk

Clause 6A.3: Production of Previous Agency Documentation

6A.3.1 In accordance with paragraph 5t of the TPO Code of Practice, where a previous agent has been instructed, the Seller must provide 99home with

• A full copy of the previous Agency Agreement(s); and

• The written List of Introduced Parties (the disengagement or termination list detailing prospective buyers who viewed or inquired through that agent)

6A.3.2 If the Seller is unable or refuses to supply these documents, 99home is legally unable to advise whether the Seller is in breach of their previous contract or exposed to dual fee claims. In such cases, the Seller explicitly acknowledges that they proceed with marketing through 99home at their own sole legal and financial risk

Clause 6A.4: Self-Managed Viewings & Buyer Screening Responsibility

6A.4.1 Buyer Cross-Referencing: Where the Seller selects a package where the Seller conducts viewings, negotiates offers, or directly manages sales progression, the Seller acknowledges that they are solely responsible for cross-referencing all prospective buyers against the list of introduced parties from any previous estate agent before accepting a viewing request or agreeing to an offer

6A.4.2 Disclosing Prior Viewer Status: If a prospective buyer contacts the Seller directly or via 99home who has previously viewed, inquired about, or made an offer on the Property through another agent, the Seller must immediately notify 99home in writing before accepting any offer. 99home reserves the right to refer the negotiation back to the original introducing agent in compliance with TPO rules

Clause 6A.5: Limitation of Liability & Seller Indemnity

6A.5.1 Limitation of Liability: 99home accepts no liability whatsoever for any commission, fees, penalties, administrative costs, or legal expenses incurred by the Seller from any third-party or previous estate agent resulting from the Seller’s failure to

• Accurately disclose prior or existing agency instructions;

• Cross-reference prospective buyers against a previous agent's list of introduced parties; or

• Adhere to the termination, minimum period, or notice terms of a prior agency agreement

6A.5.2 Indemnity: The Seller agrees to fully indemnify, defend, and hold harmless 99home Limited, its directors, employees, and agents against any claims, damages, liabilities, losses, or legal costs arising out of any dual fee dispute where the Seller failed to accurately disclose prior agency instructions or prior buyer introductions

3. How to Submit Your Previous Agency Documents

To maintain compliance and protect your property transaction

1. Dashboard Upload: Upload your prior agency contract and termination letter directly via your 99home Compliance Dashboard

2. Email Submission: Send digital copies or scanned files directly to your account manager or email us at  info@99home.co.uk