Conditions for Brokerage Sale

The following conditions together with such other terms, conditions and notices as may be set out in any relevant sale material or online content apply to all transactions and deals in relation to brokerage by Clive Sutton, it is the intention of Clive Sutton that all terms between it and the vendor and the buyer are contained in the conditions.

1.   “Vendor” means the person who offers the vehicle for sale.

1.1 “Vendor’s commission” shall have the definition given in condition 7.

1.2 “The Sale” means the brokerage sale in respect of which a vehicle is offered for sale on behalf of the Vendor.

1.3 The “Market Price” shall be the recommended selling price or range of selling price by Clive Sutton and agreed to by the Vendor.

1.4 The “Buyer” means the person or company buying the vehicle.

2. Clive Sutton as Agent

2.1 Clive Sutton as agent for the Vendor and the Buyer (except where it is expressly stated to be selling as principal) and is not liable for any act or default by the Vendor or the Buyer. All sales are to be presumed to be sales on behalf of private individuals unless specifically notified to the contrary or elsewhere in writing.

3. The Vendors Conditions.

3.1 The Vendor warrants to Clive Sutton in the terms of sub-paragraphs (a) to (c) that:

(a) The Vendor is the owner of the car or is properly authorised to sell the car by the owner and is able to sell the car with full title guarantee (ownership) free from all encumbrances and third party claims (if this is not the case please see 3.2, 3.3)

(b) The Vendor has notified Clive Sutton in writing of any material alterations to the car of which the vendor is aware and of any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the car and has provided Clive Sutton with all such information in the vendor’s possession.

(c) The Vendor of a car not in the possession of Clive Sutton on its premises or under its control warrants and undertakes that the car will be available and in a deliverable state on demand by the buyer.

3.2 The vendor warrants that the information about the car given to Clive Sutton, and statements made about it, are true.

3.3 The vendor shall provide details of all financial agreements or liens of any third parties in the vehicle.

3.4 Upon completion of a sale any such monies outstanding as set out in 3.4 will be settled directly by Clive Sutton & deducted from the net proceeds to be paid to the vendor.

4. The Buyer’s conditions.

4.1 All buyers funds shall be source verifiable, to comply with money laundering regulations.

4.2 In the event that financial leasing facilities are to be provided to the buyer, full personal details will be made available. These will include a copy of a passport or driving license, and proof of address by copy of a recent utility bill.

4.3 Any card used to deposit monies over the phone or on line shall be registered to the depositor.

4.4 Upon delivery of a vehicle, a photocopy of both sides of a driving licence, photo licence ID card and credit card shall be provided.

4.5 Credit Card Policy: to facilitate purchasing we accept all major credit cards including American Express, to pay up to a 10% deposit.

4.6 In the event of a greater sum being paid as a deposit, interim payment or final balance there will be a fee equivalent to 3% of the amount to be charged to the card.

5. Minimum sale price/reserve

5.1 The vendor may place a reserve on any vehicle prior to being put up for sale on the Clive Sutton Brokerage and once placed by the vendor may not be changed without the consent of Clive Sutton.

5.2 If an offer is made for the vehicle below the reserve price then this will be communicated to the vendor by Clive Sutton. If the vendor chooses to accept the offer then Clive Sutton will use its best endeavours to close the sale.

6. Commission fees& Expenses.

6.1 A vehicle & documentation inspection fee of £250 + VAT is applicable to any vehicle placed by the vendor on the Clive Sutton brokerage service, or a fee of £500 + VAT to include a comprehensive VIDEO production (optional).

6.2 Clive Sutton shall be entitled to deduct from the sale price and retain a commission of 7.5% plus VAT or such other sum agreed by Clive Sutton in writing, expenses and any other sums due from the vendor to Clive Sutton.

7.0 Appraisal of vehicle, photography & video production.

7.1 Any vehicles taken on by Clive Sutton for Brokerage service will be subject to a full appraisal carried out by a Clive Sutton associate. (See 6.1) Such appraisal will include a full physical inspection, road test & inspection of all documentation. A set of photographs will be taken to record the vehicles condition and to assist in the marketing & sale of the vehicle. An optional additional service includes a full video production of the vehicle.

The copyright in all photographs & video production taken & made of any vehicle by or on behalf of Clive Sutton shall be the absolute property of Clive Sutton.

8.0 Clive Sutton Estimates and Descriptions.
8.1 Clive Sutton makes no warranty or representation as to the anticipated or likely selling price of any vehicle. Any estimate given by Clive Sutton, whether written or oral and whether or not printed or in online format as to the estimated selling price of any vehicle is a statement of opinion only and may be subject to revision from time to time at Clive Sutton’s discretion & in consultation with the vendor having regard for market conditions.

8.2 Clive Sutton shall not be liable to the vendor for any error or statement or Omission, from the description of any vehicle on line or in any collateral.

9. Insurance

9.1 The vehicle shall at all times remain at the risk of the vendor until ownership of the vehicle passes from the vendor under these conditions.

9.2 If the vehicle is in the possession of a Clive Sutton associate or agent then it will be covered comprehensively by Clive Sutton Insurance as long as there is existing insurance in place from the vendor.

10. Payments of Sale Proceeds.

10.1 Clive Sutton shall pay the proceeds not later than 14 working days after the completed sale or within five working days after receiving cleared funds form the buyer, whichever shall be the later.

10.2 Unless an alternative method of payment has been agreed by Clive Sutton in writing, payment shall be made by sending the vendor a cheque drawn on Clive Sutton’s client account by first class post.

10.3 In the event that the sale involves the disposal of a part exchange vehicle then the payment of proceeds of the sale shall be made after the receipt of the part exchange funds after disposal thereof.

10.4 Clive Sutton reserves the right not to remit the sale proceeds to the vendor unless the vendor has deposited with Clive Sutton the V5 registration document in the case of a UK registered vehicle or, in the case of a non UK registered vehicle, the appropriate documents of title (ownership) relevant and appropriate to the country of registration of the vehicle, and any other documentation relating to the vehicle in the vendor’s possession or control which he agreed with Clive Sutton to supply.

10.5 Breach of conditions for Brokerage service.
If Clive Sutton is notified about the sellers alleged breach of any of the conditions before it has remitted the sale proceeds to the seller. It may at its sole discretion, withhold payment until that dispute is resolved. Clive Sutton may however, deduct any sums that are due to it from the sum held.

11 Vehicle registration numbers

11.1 If the vendor wishes to sell the vehicle but to retain the right to the registration number of the vehicle, it is the vendors responsibility to notify Clive Sutton in writing either on the vehicle entry form or sooner.

11.2 It shall be the vendor’s responsibility to take all necessary steps to ensure that the current Vehicle registration number is transferred to a retention certificate and that a new number is allocated prior to the vehicle being sold, and if he does not do so, Clive Sutton shall not be responsible for any loss or damage whatsoever arising out of the sale of the vehicle.

11.3 If so required Clive Sutton will administer the process of transfer or retention of a cherished registration number on behalf of the vendor for an administration fee of £150.00 + Vat + DVLA fees.

11.4 Clive Sutton may, at its own discretion, (without any assumption of responsibility or duty towards the seller or the buyer) take such steps to facilitate the reservation or transfer of any particular registration number as it thinks fit in order to assist the vendor or Buyer but strictly on condition that no claim attaches to Clive Sutton for taking such steps whether arising out of Clive Sutton’s negligence or any other cause whatsoever.

12. Withdrawal fees

12.1 If the vendor wishes to sell the vehicle to a party NOT introduced by the Clive Sutton Brokerage service or by Part Exchange or sale to another dealer, they may withdraw the vehicle from sale by giving written confirmation by email/FAX without further fees or commission payable.

12.2 If the vendor subsequently sells the vehicle to a party introduced by Clive Sutton, then the vendor will be liable to pay the 7.5% + Vat commission fee, this fee will be applicable within a 12 month period after the vehicle is withdraw from sale.

13. Miscellaneous

13.1 The benefit and burden of the conditions may not be assigned by the seller or the buyer without Clive Sutton’s prior agreement in writing.

13.2 If any condition or any part of any condition shall be held to be unenforceable or invalid such unenforceability or invalidity shall not affect the enforceability and validity of the remaining conditions or the remainder of the relevant conditions.

13.3 Nothing contained within these terms and conditions is intended to affect the rights of the Vendor or the Buyer under English law.

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