Prior Agency InstructionsTerms & Conditions Clauses

Clause X: Prior Agency Instructions & Dual Fee Warning

X.1 Disclosure of Prior or Current Instructions

The Seller must inform 99Home in writing prior to or at the time of instruction if the Property is currently listed, or has ever previously been listed, with any other estate agent.

X.2 Dual Fee Liability Warning

WARNING:

If you have previously instructed another estate agent to market your Property (on a Sole Agency, Sole Selling Rights, or Joint Agency basis), you may remain contractually liable to pay that agent's commission fee in addition to 99Home's marketing fee if:

A buyer who was introduced to the Property by the previous agent proceeds to purchase the Property through 99Home.
You exchange contracts with a buyer during a tail-off period specified in your previous agent's contract.

X.3 Previous Agency Documentation

Where a previous agent has been instructed, the Seller must provide 99Home with:

A copy of the previous Agency Agreement.
The written List of Introduced Parties (termination/disengagement list) provided by the previous agent.

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 Y: Self-Managed Viewings & Buyer Screening Responsibility

Y.1 Buyer Cross-Referencing

Where the Seller elects a package where the Seller conducts viewings, negotiates offers, or manages sales progression directly, the Seller acknowledges that they are solely responsible for cross-referencing all prospective buyers against any list of introduced parties from previous estate agents prior to accepting any viewing request or offer.

Y.2 Disclosing Prior Viewer Status

If a prospective buyer contacts the Seller directly or via 99Home who has previously viewed or made an offer on the Property through another agent, the Seller must immediately notify 99Home in writing before accepting any offer.

Clause Z: Limitation of Liability & Indemnity

Z.1 Limitation of Liability for Other Agents' Fees

99Home accepts no liability for any commission, fees, penalties, or legal costs incurred by the Seller from any third-party or previous estate agent resulting from the Seller's failure to:

Disclose prior agent instructions.
Cross-reference prospective buyers against a previous agent's introduced parties list.
Adhere to the termination terms of a prior agency agreement.

Z.2 Seller Indemnity

The Seller agrees to indemnify and hold harmless 99Home against any claims, losses, or legal costs arising out of dual fee disputes where the Seller failed to accurately disclose prior agency instructions or prior buyer introductions.

Recommended Digital & Operational Workflow Safeguards

Beyond amending the legal agreement, 99Home must update its online forms and operational steps to comply with TPO rules.

A. Online Onboarding Form Fixes

Replace the ambiguous checkbox "Have Your Property Listed With Other Agents?" with the following questions:

Is your property currently listed with another estate agent? [Yes / No]
Has your property EVER been listed with another estate agent in the past 12 months? [Yes / No]

Conditional Trigger (If Yes to either):

⚠️ DUAL FEE WARNING: You may be liable to pay commission to your previous agent if a buyer introduced by them purchases your property. Please upload your previous agent's Termination Letter and List of Introduced Parties, or confirm you have cross-checked prospective buyers against it.

B. Notify 99Home

Please upload your agreement on the 99Home compliance dashboard and notify your account manager by email, or email info@99home.co.uk.

C. Automated Email Warning on Buyer Referral

When 99Home forwards a buyer's contact details or offer to a seller managing their own viewings, include the following disclaimer:

Important Dual Fee Reminder: Please check whether this prospective buyer has previously viewed your property with any former estate agent before accepting a viewing or offer. Accepting an offer from a buyer previously introduced by another agent may make you liable to pay that agent's commission fee.