Obtaining Vendor Statements When Taking Another Agents Listing

Purpose

The company has made this policy to protect the legal position of its vendors when they have changed agents to ourselves.

This policy was formulated to protect against the lack of thoroughness of our competitors agencies.  Should we receive a Section 32 from a competitor that has any pages missing it could cause a future sale to not proceed which would provide from great hardship for the vendor and purchaser.

Procedure

When a sales person has listed a property that has previously been with another agency we are to always request a S.32 from the vendors solicitor or conveyancer.  This may be an exact copy of the one prepared for the previous agent but it must be received from the vendor’s legal representative only. 

A vendor who picks up the S.32 from the previous agent and delivers it to us is to be advised of the legal implications of an incorrect S.32 and told that it is the policy of this agency to protect their legal position and always receive a copy of the S.32 from their legal representative.  There are no exceptions to this policy.