Terms of Business

Last updated: March 2026

1. Introduction

These Terms of Business ("Terms") govern the relationship between David Britton Estates ("we", "us", "our") and you, the client or website user. By instructing us to act on your behalf or by using this website, you agree to be bound by these Terms.

David Britton Estates is a trading name of David Britton Estates Ltd, registered in England and Wales. Our head office is located at Unit 3 Mason Court, Gillan Way, Penrith 40 Business Park, Penrith, Cumbria CA11 9GR.

2. Our Services

We provide estate agency services including but not limited to:

• Residential property sales and lettings
• Property valuations and market appraisals
• Land and new homes sales
• Commercial property sales
• International property marketing
• Development consultancy
• DBTV narrated video tours
• Financial services referrals

3. Instruction and Authority

By instructing us to market your property, you confirm that:

• You are the legal owner of the property or have authority from the owner to instruct us
• You will provide accurate and complete information about the property
• You will inform us of any changes to the property, its condition, or your circumstances that may affect the sale
• You are not currently instructing another agent to sell the same property on the same basis, unless otherwise agreed in writing

Our agency agreement will specify whether we are instructed on a sole agency, joint sole agency, or multi-agency basis. The fees applicable to each type of instruction will be clearly set out in your individual agency agreement.

4. Our Obligations

We will:

• Act in your best interests at all times, in accordance with the Estate Agents Act 1979 and the Consumer Protection from Unfair Trading Regulations 2008
• Market your property professionally and to the widest appropriate audience
• Arrange and accompany viewings as agreed
• Communicate all offers received promptly and in writing, unless you have instructed us not to
• Provide regular feedback on marketing performance and market conditions
• Comply with all applicable laws and regulations, including anti-money laundering legislation
• Handle your personal data in accordance with our Privacy Policy

5. Fees and Charges

Our fees are calculated as a percentage of the final sale price achieved, as agreed in your individual agency agreement. Fees become payable upon completion of the sale (exchange of contracts and legal completion).

Unless otherwise agreed in writing:

• Fees are subject to VAT at the prevailing rate
• No fee is payable if the property is not sold
• If you withdraw the property from the market or instruct another agent during a sole agency period, fees may still be payable as set out in your agency agreement
• Additional services such as professional photography, DBTV video tours, enhanced marketing packages, or EPC assessments may carry separate charges, which will be agreed in advance

6. Anti-Money Laundering

As an estate agency, we are required by law to comply with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended). This means:

• We must verify the identity of all clients before we can market a property or progress a transaction
• We will require proof of identity (e.g. passport or driving licence) and proof of address (e.g. utility bill or bank statement dated within the last three months)
• We may need to verify the source of funds for any purchase
• We are obliged to report any suspicious activity to the National Crime Agency

7. Property Descriptions and Photographs

We will prepare property descriptions and arrange photography based on information provided by you and our own inspection. While we take reasonable care to ensure accuracy, these particulars are produced in good faith and do not constitute a formal offer or contract. Buyers are advised to satisfy themselves as to the accuracy of all information provided.

All photographs, floorplans, DBTV videos, and marketing materials produced by us remain our intellectual property and may not be reproduced without our written consent.

8. Viewings and Offers

We will qualify prospective buyers before arranging viewings where possible. We will communicate all offers to you promptly, confirming them in writing. We are legally obliged to pass on all offers received unless you have given us written instruction to the contrary for a specific buyer.

We will not discriminate against any prospective buyer and will treat all parties fairly in accordance with the Estate Agents Act 1979.

9. Client Portal

Where we provide access to our online client portal, you agree to:

• Keep your login credentials secure and not share them with third parties
• Notify us immediately if you suspect unauthorised access to your account
• Use the portal solely for its intended purpose of managing your property transaction

We reserve the right to suspend or terminate portal access at any time if we believe it is being misused.

10. Termination

Either party may terminate the agency agreement by giving written notice as specified in your individual agency agreement. Upon termination:

• We will remove your property from all marketing channels within a reasonable timeframe
• You may still be liable for our fee if a sale completes to a buyer introduced by us during the agency period, for a period specified in your agreement (typically 6 months after termination)
• Any outstanding charges for additional services rendered will become payable

11. Complaints Procedure

We are committed to providing a high standard of service. If you are dissatisfied with any aspect of our service, please contact us in writing at our head office address or by email. We will acknowledge your complaint within 3 working days and aim to resolve it within 15 working days.

If we are unable to resolve your complaint to your satisfaction, you may refer the matter to The Property Ombudsman, whose decision we agree to be bound by. Details of The Property Ombudsman scheme can be found at www.tpos.co.uk.

12. Limitation of Liability

Our liability to you in connection with these Terms and our services shall be limited to the amount of the fee payable under your agency agreement. We shall not be liable for any indirect, consequential, or special losses.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

13. Website Terms of Use

Use of this website is subject to the following conditions:

• The content of this website is provided for general information purposes only and does not constitute professional advice
• Property listings, prices, and availability are subject to change without notice
• While we endeavour to keep the website up to date, we do not guarantee the accuracy, completeness, or timeliness of any information
• We reserve the right to modify or discontinue any part of the website without notice
• You must not use this website for any unlawful purpose or in any way that could damage, disable, or impair the website

14. Intellectual Property

All content on this website, including text, graphics, logos, images, video content (including DBTV), and software, is the property of David Britton Estates or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any content without our written permission.

15. Third-Party Links

This website may contain links to third-party websites, including mortgage calculators, property portals, and financial services providers. These links are provided for your convenience only. We have no control over and accept no responsibility for the content, privacy policies, or practices of any third-party websites.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17. Changes to These Terms

We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Your continued use of our services or website after changes are posted constitutes acceptance of the revised Terms.

18. Contact Us

If you have any questions about these Terms, please contact us:

David Britton Estates
Unit 3 Mason Court, Gillan Way
Penrith 40 Business Park, CA11 9GR
Phone: 01768 881111
Email: info@davidbrittonestates.co.uk