1. Fees paid and payable to House 2 Market Ltd.
1.1 When appointing House 2 Market by signing these terms and conditions you acknowledge that any ‘up front’ fee is non refundable once your property has been listed on our website and our partner websites.
1.2 Upon legal completion of the sale of your property any outstanding fee or commission payment is payable in full and solicitors acting on your behalf on the sale should be instructed accordingly. Payment is due within 10 days of the date of legal completion otherwise House 2 Market reserve the right to charge interest at the rate of the Bank Of England base rate + 4% on any outstanding balance.
1.3 Any additional services purchased which are not included within the standard packages are payable in full at the time of instruction.
1.4 Where fees or a commission payment is payable on legal completion of the sale, this payment becomes payable once a potential buyer is introduced to you at any time during the period for which your property is being marketed through House 2 Market who subsequently enters into a binding contract regardless of whether your property continues to be marketed through House 2 Market.
2. Your listing with House 2 Market and portal partners
2.1 House 2 Market Ltd guarantees that your property is listed on the House 2 Market website which is www.house2market.co.uk. Third party website portals are subject to change as they are not controlled by House 2 Market Ltd and we do not guarantee continued presence on these websites, although it is the policy of House 2 Market to continue to maintain, expand and improve our property portal networks at all times.
During the run-up to your property listing expiry you’ll be given the opportunity to purchase additional marketing time however if you do not wish to continue marketing after your expiry then your property listing will expire and your agreement with House 2 Market will automatically come to an end and your property de-listed.
2.2 Your initial listing with House 2 Market is valid for 12 months but in order for us to comply with the regulations if your marketing time exceeds 12 months you will need to renew your listing every 6 months which ensures that our stock is up to date and accurate. This is a very straightforward process and we will send email reminders to you well in advance of the time of expiry. Should you decide not to renew you can still take up this option at any time and re-list the property subject to the fees payable and a review of the details and photographs.
3. Premium Listings
If you have purchased a Premium Listing option then it's important for you to know that this is a one-time activation that lasts for 12 months but only on a continued marketing basis. For example if you choose to delist your property after 2 months of activation then your Premium Listing will instantly come to an end. If you re-list the property at any time after this then you will no longer be able to use the Premium Listing credit unless you purchase another one. This is the way the property portals operate the Premium Listing option and not something over which we have control.
4. Property Misdescriptions Act 1991
4.1 To ensure compliance of the Property Misdescriptions Act 1991 and to ensure that neither House 2 Market nor the seller becomes involved in any legal action, we reserve the right not to publish any information provided by the seller.
4.2 The seller shall indemnify House 2 Market, its proprietors, directors, employees or agents against any claim made in respect of the Property or any Misdescriptions herein that arises wholly or partially out of the act or default of the seller.
5. Requests for viewings of your property.
5.1 All viewing requests received through House 2 Market Ltd are managed through a centralised booking system. All viewing requests will be communicated by telephone via the preferred contact number provided by you and once a time has been agreed will be confirmed with both parties.
5.2 House 2 Market makes no checks on prospective purchasers and takes no responsibility or accepts any liability regarding the suitability of prospective purchasers and you are advised to refer to our website section for advice and tips on conducting safe viewings and maximising the opportunity of a successful viewing.
6. Offers received for your property and sales notification
6.1 House 2 Market Ltd confirms that (unless instructed to the contrary in writing by you, the seller) they will forward to you promptly and accurately initially by telephone and in writing (which includes email correspondence), all offers from prospective purchasers.
6.2 House 2 Market shall prepare and send out sales memorandum letters or emails on your behalf and on behalf of the prospective purchaser(s) of your property, these letters shall be sent to both sets of conveyancers involved and a copy shall also be sent to you and your prospective purchaser. This may be sent via email if an email address is supplied.
7. Your obligations as the seller(s). The seller(s) hereby warrants and covenants that he/she/they:
7.1 have the necessary authority, power and capacity to enter into this agreement; and
7.2 are the beneficial owner(s) of the property; or have the authority from the beneficial owner to sell the property on the above terms.
8. For Sale Boards
8.1 If you have chosen to include a For Sale board then your board will be installed for you. In order to meet the requirements of The Town & County Planning Regulations, which permit the display of only one ‘For Sale’ board, we request that whilst a House 2 Market board is displayed, no other boards are erected.
8.2 Town & Country planning Act 1990 (As Amended). Each Borough Council will have their own rules and regulations which you must adhere to. Due to our National operation and coverage we cannot be held responsible for each council’s rules and regulations. Any breach of council regulations will be your responsibility so we advise that if you are unsure as to whether you can display a ‘For Sale’ board or not that you seek advice of the local council. Our boards fall within the rules in terms of size and display but all other council and private legislations are your responsibility.
9. Unoccupied Property
You will continue to be responsible for the maintenance or repair of the property while unoccupied. If the property is vacant when adverse weather conditions are likely, frost damage may occur to water and heating systems and sanitary appliances. You are strongly recommended to take all necessary action to protect your property from such risks and ensure that you have adequate insurance cover.
10. Property Particulars for Marketing
House 2 Market shall prepare a set of property particulars on your behalf, however House 2 Market are not responsible for any of the data that it provides to buyers and sellers. All information on our website and all information provided to buyers and sellers directly, cannot be guaranteed and they do not form part of any contract. You must approve your property details before marketing of the property can commence and this can be confirmed in writing either by letter or email.
11. Energy Performance Certificate (EPC’s)
An EPC must be commissioned within 7 days of marketing your property. House 2 Market will market your home as soon as the EPC or proof of order is available in full. If we provide your EPC then the fee payable is non refundable once the home visit and EPC has taken place.
12. Money Laundering
Money Laundering – Under the Money Laundering Regulations of 2007 we must carry out identity checks on both buyers and sellers of the properties that we take on. Checks are completed using an electronic system and may require us to ask you for additional information such as your passport or driving license number.
13. Other Services
We or connected persons or firms may offer and or provide to prospective buyers for your property any of the services listed below. Similarly some other person or some other organisation may do so in circumstances in which we or the connected person or firm benefits financially from the provision of the services. If any of these circumstances arise we will give you written notice.
Valuation and/or estate agency services in respect of another property upon which their purchase is dependent;
Provision of financial services assistance;
Recommendation for legal services for conveyancing;
14. Disclosure Requirement
The Estate Agents Act 1979
The Property Description Act 1991
We will take all legal steps necessary to ensure that statements, whether written or oral, about the property are accurate and not misleading. The written details (sale particulars) will be sent to you to obtain your confirmation that they are accurate.
In the provision of our services we will not discriminate against any person and no one will receive less favourable treatment on the grounds of their race, colour, religion, ethnicity, sex, sexual orientation or physical abilities or disabilities.
16. Consumer Protection
If the contract for our services has been made other than in person (for example, by telephone, fax or e-mail) the Consumer Protection (Distance Selling) Regulations 2002 may apply ("the Regulations").
a) These Regulations oblige us to give you certain information, much of which is contained above. Additionally, please note the following:-
b) The estimate of our fees is valid for the next 60 days;
c) The period of time for concluding our service may exceed thirty days;
d) You have the right to cancel this contract for our services. To do so you must give us written notice within seven (7) working days ("the Cancellation Period") starting from the day after you receive these Terms & Conditions of Business.
If you wish us to commence work before the expiry of the Cancellation Period you must let us know. You will then lose the right to cancellation.
Declaration by the Client (you):
I/We have read and accept the terms of this agreement and acknowledge receipt of a copy;
- During the period of this agreement I/we will permit only your “For Sale” board to be displayed at the property;
- I/We will advise you at once if any aspect of the sale particulars you are to supply are or become inaccurate or misleading;
- I/We instruct you not to release keys to the property to persons wishing to view the property or otherwise inspect it unless we give you permission;
- I/We will notify you immediately if there is any change in our legal representatives;
- I/We will give our legal representatives an authority to pay you your fees and any other charges payable by virtue of the terms of this agreement as agreed, immediately upon completion of the sale of the property out of the sale proceeds.
- I/We agree that in any event of any account for remuneration or other charges properly payable and in accordance with this agreement remaining unpaid for more than 14 days after the due date or the date of the account whichever is the later interest will be payable at the rate of 4% per annum above the base rate of the Bank of England;
- I/We authorise you to inform our legal representatives of our intention to sell the property and to request them to obtain the title documents in order to prepare draft contract documentation as soon as possible;
- I/We are not aware of any personal, family or business relationship which exists between us and the agent or any person or businesses associated with the agent and we undertake to advise you at once if we become of any such relationships.
Notice of your Right to Cancel this Contract
You have a right to cancel this contract. If you wish to exercise this right you must deliver or send (including by electronic mail) a Cancellation Notice (such as that attached but you can use anything that says something similar provided it is clear) to us at any time within the period of seven days starting with the day or receipt of this Notice. By signing below you agree that we can start work before the cancellation period ends. If you then decide to cancel within the seven day cancellation period you will be liable for any payments for work carried out prior to cancellation.