Estate Agent Terms and Conditions

 

This page (together with our privacy policy, website terms of use and acceptable use policy) tells you information about us and the legal terms and conditions (Terms) on which we supply the service described on our website (our site) of renting and selling (the Service).

These Terms will apply to any contract between us for the supply of the Service to you (Contract). Please read these Terms carefully and make sure that you understand them, before registering on our site.  Please note that before registering you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to register on our site or use the Service.

You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as set out in clause 6.

These Terms, and any Contract between us, are only in the English language.

1. Information about us and how to contact us

1.1 We operate the website www.imovestates.com. We are I Move Estate Agents Limited, a limited company registered in England and Wales under company number 08136185 and with our registered office and main trading address at 145-157 St. John Street, London EC1V 4PW. Our VAT number is [INSERT VAT NUMBER].

1.2 We are members of The Property Ombudsman Scheme and subscribe to its Code of Practice for Residential Estate Agents and Code of Practice for Residential Letting Agents.  Copies of these Codes are available to you free of charge on request.

1.3 If you have any questions or if you have any complaints, please contact us by telephoning 0203 6677065 or by emailing us at info@imoveestates.com.We have a written complaints procedure, which is available to you on request.

1.4 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the Contract once you have been given access to the Service), you can send this to us by e-mail, by hand, or by pre-paid post toI Move Estate Agency Limited at 145-157 St. John Street, London EC1V 4PW or to info@imoveestates.com. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand or by pre-paid post to the address you provide to us when you register on our site.

1.5 When we refer, in these Terms, to “in writing” or “written”, this will include e-mail.

2. The Service and registration

2.1 We will supply the Service to you from the date on which we send you the Registration Confirmation as described in clause5.2 below.

2.2 We do not accept Service users from outside the UK.

2.3 By registering on our site, you confirm that:

  • you are legally capable of entering into binding contracts;
  • you are at least 18 years old;
  • you are resident in the UK;
  • you are accessing our site from that location.

2.4 Our registration process allows you to check and amend any errors before submitting your details to us, and we ask you to take the time to read and check your details at each stage of the registration process, and to ensure that you read these Terms carefully. You agree

  • toprovide true, accurate, current and complete information about yourself as prompted by the Service registration process (Registration Details);
  • that, in providing such Registration Details, you will not knowingly omit or misrepresent any material facts or information;
  • that you will promptly enter corrected or updated Registration Details via the Service, or otherwise advise us promptly in writing of any such changes or updates; and
  • to update your Registration Details (including, but not limited to, your current email address) as soon as they change.

2.5 When you submit your Registration Details to us, we will send you an email confirming receipt of your Registration Details, but this does not require us to accept your registration for the Service (see clause 5 below).

2.6  When you register to use the Service, you will need to enter a unique user name and password to access your account (User ID). You agree that you will not allow another person to use your User ID to access or use the Service under any circumstances. You agree that you are solely and entirely responsible for your User ID and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to keep it secure. We are not liable for any charges, damages, liabilities or losses caused by or related to the theft of your User ID, your disclosure of your User ID, or you allowing another person to access and use the Service using your User ID.

2.7 Your User ID will be your email address, which must:

  • be  an email address that you alone can access and control;
  • not be a shared email address;
  • not include any obscene or profane words; and
  • not include the words “Imovestates”, “I Move Estates” or “I Move Estate Agency”.

2.8 You are solely and entirely responsible for any and all use of your account, including any charges incurred relating to the Service. You agree immediately to notify us of any unauthorised use of your account, or any other breach of security known to you.

2.9 You acknowledge that the complete privacy of your data and messages transmitted over the internet while using the Service cannot be guaranteed.

2.10 Your access to the Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services.We will attempt to restore the Service as soon as we reasonably can.

2.11 The Service does not include the provision of computer or other necessary equipment to access the Service. To use the Service you will require internet connectivity and appropriate telecommunication links.  We will not be liable for any telephone or other costs that you may incur.

2.12 Registration for the Service is conducted in the English language only.

3. Use of our site

Your use of our site is governed by our website terms of use and acceptable use policy.  Please take the time to read these, as they include important terms which apply to you.

4. How we use your personal information

We only use your personal information in accordance with our privacy policy. Please take the time to read our privacy policy, as it includes important terms which apply to you.

5. How the contract is formed between you and us

5.1 After you register on our site, you will receive an email from us acknowledging that we have received your Registration Details.  However, please note that this does not mean that your registration has been accepted.  Our acceptance of your registration will take place as described in clause 5.2 below.

5.2 We will confirm our acceptance to you by sending you an email that confirms that your registration on our site has been accepted (Registration Confirmation).  The Contract between us will only be formed when we send you the RegistrationConfirmation.If you are a consumer, the Contract constitutes a distance contract between us for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Regulations).  By applying to register on our site, you are requesting us to make the Service available to you as soon as we send you the Registration Confirmation, and by doing so you accept that you will not be able to cancel the Contract during any cancellation period provided for under the Regulations.Your rights to cancel the Contract are set out in clause 10.

6. Nature of the Service

6.1 Please note that we do not operate on a sole agency basis.  This means that we do not have sole selling rights in relation to the property you instruct us to market on our site (the Property), and you are free to instruct as many additional or alternative estate agents in relation to the marketing of the Property as you wish.

6.2 We may from time to time offer you additional services via third party businesses (Additional Services), which includethe optional services set out in clauses 8.1(b) and 8.2(b) and/orother additional services, such as conveyancing services.  Unless stated in clauses 8.1(b) and 8.2(b), the cost of the Additional Services will be charged to you separately by the third party service provider in question.  Please note that the legal terms and any resulting contract relating to the Additional Services will be between you and the third party service provider in question, and these Terms will not apply to the Additional Services.  Accordingly, we are not responsible for the Additional Services, and we do not accept any liability in relation to them.

7. Additional obligations for property owners

7.1 By registering to use the Service, you acknowledge and agree that:

(a)by giving us details, information, photographs and other images relating to your property for publication on our site (Property Information), you grant us a royalty-free, perpetual, irrevocable and non-exclusive right and licence to use, reproduce, distribute, display, modify and edit the Property Information in connection with the Services, and you warrant and represent that:

(i)you have all rights and authority necessary to grant us these rights;

(ii)you are the legal owner of the Property and have the legal right to market the Property for sale or rental via our site.  You will on request promptly provide us with proof of your legal right to do so, and (where relevant) of your legal right to sign any documentation in connection with the Property;

(iii)you are a private individual acting in your capacity as such, and are not an estate agent or commercial landlord;

(iv)the Property is a private dwelling or residence and is not a commercial, industrial, business, retail or agricultural property of any kind;

(v)if you are a landlordyou will:

(A)ensure that the Property is made available for rental in a good, clean, safe and able to let condition, and that you will ensure that all equipment at the Property (including any electrical or mechanical equipment) is fully operational and serviced at the commencement of a tenancy;

(B)comply with your statutory and regulatory obligations (including for example all applicable Health and Safety regulations) to maintain the Property in a good and tenantable order;

(C)if the Property is subject to a mortgage or legal charge, obtain the necessary consent to let from the mortgage lender or legal charge holder prior to any tenancy agreement being entered into (and provide us promptly on request with written evidence of such consent);

(D)if the Property is jointly owned, obtain the necessary consent to let from any other owner(s) prior to any tenancy agreement being entered into (and provide us promptly on request with written evidence of such consent);

(E)obtain any necessary consent to let from the superior landlord(s) and/or freeholder (where relevant) prior to any tenancy agreement being entered into (and provide us promptly on request with written evidence of such consent);

(F)be solely responsible at your own cost forobtaining appropriate references in relation to prospective tenants;

(G)be solely responsible at your own cost for obtaining a properly prepared full inventory and schedule of condition in relation to the Property; and

(H)ensure that the Property is adequately insured at all times, including in relation to the building and contents insurance cover,and will ensure that the relevant insurance policy covers furnished lettings (if applicable);

(vi)you are solely responsible for providing us promptly with all necessary information regarding the Property to enable us to prepare sales or lettings particulars in relation to it (as the case may be), for checking the accuracy of any such sales or lettings particulars we prepare, and for confirming promptly to us that they are accurate before they are listed on our site.  You will let us know immediately if there are any errors or inaccuracies in such information;

(vii)you will provide us with all documentation reasonably required by us for the purposes of verifying your identity in accordance with the requirements of the Money Laundering Regulations 2007;

(viii)you will exercise your own judgment and make your own enquiries in relation to the suitability and bona fides of any prospective tenant referred to you by us (if you are a landlord), or prospective buyer (if you are offering the Property for sale), and are solely responsible at your own cost for ensuring that appropriate legal documentation is drawn up by a suitably qualified professional in relation to any sale or letting of the Property, and that it is validly entered into by the tenant or purchaser (as the case may be); and

(ix)you are solely responsible at your own cost for procuring an EPC for the Property, and for providing this to us for display within the Property’s listing on our site within seven days of the date on which the Property is first listed on our site.

(b)we retain the right at our sole discretion to remove from our site or edit the Property Information at any time;

(c)we are authorised by you to disclose the Property Information to third party property search websites for the purpose of listing the Property on those websites.

7.2 You further agree that you will indemnify and keep us indemnified against any and all actions, costs, claims, demands, damages, expenses (including legal fees), liabilities, losses and proceedings in connection with your breach of these Terms (including but without limitation any breach of the provisions of this clause7), or any claim by a third party in connection with a Property, any transaction in relation to a Property, or your marketing of a Property via our site (including, without limitation, in the event of a third party or you failing to enter into or agree to enter into a contract in relation to a Property, failing to complete any such contract or otherwise perform such contract in accordance with its terms or at all, or any dissatisfaction on the part of such third party with a Property, or with the details you have supplied in relation to it for publication on our site).

8. Fees and payment

8.1 Property listed for sale.

The fee(s)(Feeor Fees, as appropriate) that we charge depend on the options and additional services that you choose.  The Fees are subject to change at any time, but you will not be charged the revised amount in relation to a Property which has already been accepted by us for listing on our site prior to such change.

(a)Package Fee

We will charge either a standardpackage fee or a premium package fee in relation to each Property you ask us to list for sale on our site, depending on which package you choose.

PackageFee (excluding VAT)
Standard Package£249
Premium Package£379

Full details of each package are set out on our [NAME OF PAGE] [INSERT LINK TO RELEVANT PAGE]

For the avoidance of any doubt, the package Fee is a one-off fee which is payable as set out in clause 8.3 below when you register the Property on our site.  There is no further fee to pay on completion of contracts for sale of the Property, and we do not charge any additional administration or similar fees if you wish to amend the contents of your listing on our site, or if you cancel the Contract pursuant to clause 10 below.

(b)Additional Service Fees

Where you request any of the following optional services, we will charge the relevant Fee(s).

Additional ServiceFee (excluding VAT)
Energy Performance Certificate (EPC)*

*An EPC is a legal requirement when marketing a property for sale, but it does not have to be arranged through us.

£59
Floor plan and professional photographs£169
For sale board£89
Premium listing on RightMove£99
Premium listing on Zoopla and PrimeLocation£99
Premium listing on RightMove, Zoopla and PrimeLocation£179
After care service£149

Full details of each service are set out on our [NAME OF PAGE] [INSERT LINK TO RELEVANT PAGE]

8.2 Property listed for rental

The fee(s)(Feeor Fees, as appropriate) that we charge depend on the options and additional services that you choose.  The Fees are subject to change at any time, but you will not be charged the revised amount in relation to a Property which has already been accepted by us for listing on our site prior to such change.

(a)Package Fee

We will charge either a standard package fee or a premium package fee in relation to each Property you ask us to list for sale on our site, depending on which package you choose.

PackageFee (excluding VAT)
Standard Tenant Finder£99
Premium Tenant Finder£249

Full details of each package are set out on our [NAME OF PAGE] [INSERT LINK TO RELEVANT PAGE]

For the avoidance of any doubt, the package Fee is a one-off fee which is payable as set out in clause 8.3 below when you register the Property on our site. There is no further fee to pay if we introduce a prospective tenant to you for rental of the Property, and we do not charge any additional administration or similar fees if you wish to amend the contents of your listing on our site, or in the event that any letting of the Property is renewed after expiry of the initial rental agreement, or if you cancel the Contract pursuant to clause 10 below.

(b)Additional Service Fees

Where you request any of the following optional services, we will charge the relevant Fee(s).

Additional ServiceFee (excluding VAT)
Energy Performance Certificate (EPC) and Gas Certificate*

*EPCs and Gas Certificates are legal requirements when marketing a property for let, but they do not have to be arranged through us.

£119
Floor plan and professional photographs£99
For rent board£89
Premium listing on RightMove£99
Premium listing on Zoopla and PrimeLocation£99
Premium listing on RightMove, Zoopla and PrimeLocation£179

Full details of each service are set out on our [NAME OF PAGE] [INSERT LINK TO RELEVANT PAGE]

8.3 All Fees are payable by you in pounds sterling either;

(a)by bank transfer direct to the bank account nominated by us for the purpose; or

(b)bycredit card or debit card payment,

and in each case are payable on the date on which we confirm to you by e-mail that we accept the Property Information for posting on our site.  On receipt of your payment in cleared funds we will send you a receipt by e-mail for your records, which we recommend you print and retain.  Please note that until we receive payment of the Fees in cleared funds, we will not list the Property on our site or arrange for it to be listed on any third party property search websites.

9.Our right to vary these Terms

9.1 We may amend these Terms from time to time in the event of any changes in how we accept payment from you, and changes in any relevant laws and regulatory requirements.

9.2 If we have to revise these Terms under clause 9.1, we will give you at least onemonth’s written notice of the changes before they take effect.  You can choose to cancel the Contract in accordance with clause10.3(c).

10. Cancelling the Contract and our policy on refunds

10.1 Access to the Service is made available to you as soon as we send you the Registration Confirmation as described in clause 5.2 above*.  You understand and agree that this means that you do not have the right to cancel the Contract during any cancellation period provided for under the Regulations.This is explained in more detail in clause 5.2.

10.2 You may cancel the Contract at any time by providing us with at least 7 calendar days’ notice in writing.

10.3 You may cancel the Contract with immediate effect by giving us written notice if:

(a)we break the Contract in any material way and we do not correct or fix the situation within 14 days of you asking us to in writing;

(b)we go into liquidation or a receiver or an administrator is appointed over our assets;

(c)we change these Terms under clause 9.1 to your material disadvantage;

(d)we are affected by an Event Outside Our Control as defined in clause 14.

10.4 We may cancel the Contract at any time by providing you with at least 7 calendar days’ notice in writing.

10.5 We may cancel the Contract with immediate effect by giving you written notice if:

(a)you do not pay us when you are supposed to as set out in clause8;

(b)you break the Contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing; or

(c)we are affected by an Event Outside Our Control as defined in clause 14.

10.6 In the event that either you or we cancel the Contract for any reason, we will promptly give you written confirmation that we are no longer instructed to act in relation to the Property, and will confirm to you the actual date of termination of the Contract.

10.7 Regardless of the reason for cancellation, and whether you or we cancel the Contract, you will not be entitled to a refund of all or any part of any Fee that you have already paid.As soon as the Contract is cancelled, you must cease to use or attempt to access the Service, and we will remove the Property Information from our site.

10.8 In the event that you overpay any Fee in error, following your request to us and our verification of the overpayment, we will refund the overpaid amount to you, usually using the same method by which the payment was made to us.

10.9 We reserve the right to modify or discontinue the Service (or any part of it) without notice to you at any time. Where reasonably practicable, we will try to give you reasonable notice of any discontinuation of the Service.

11 .If there is a problem with the Service

11.1 In the unlikely event that there is a problem with the Service, please contact us and tell us as soon as possible, and give us a reasonable opportunity to fix any problem.  We will use every effort to resolve the problem as soon as reasonably practicable.

11.2 As a consumer, you have legal rights if the Service is not carried out with reasonable skill and care.  Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.  Nothing in these Terms will affect these legal rights.

12.Our status – IMPORTANT INFORMATION

12.1 We are online estate agents, and we provide a service whereby property owners may market, and third parties (including prospective purchasers or tenants) may view, Property details on our site.  If you are a property owner, we do not guarantee that any third party will view the Property on our site, or that any sale or rental of the Property will take place as a result of listing the Property on our site.

12.2 We may provide links on our site to the websites of other businesses (including third party property search websites), whether affiliated with us or not.  We cannot give any undertaking that products or services you purchase from third parties following a visit to our site, or from businesses to whose website we have provided a link on our site, will be of satisfactory quality.

12.3 You agree that it is your responsibility to make yourown decision and exercise your own judgement regarding whether to advertise a Property on our site, and we do not accept any liability to you or to any third party in this respect.

13. Our liability to you

13.1 Although we use all reasonable endeavours to ensure that the information and listings regarding the properties shown on our site are accurate, complete, and not misleading, they are intended for your general information only, and we make no representations as to the validity or accuracy of any such content.  Any views expressed by third parties on our site do not necessarily represent our views. You acknowledge that this is reasonable because we are an online estate agency, and we have no means of physically vetting every property which is listed on our site.

13.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach, or if it was contemplated by you and us at the time we entered into this contract.

13.3 We only supply the Service for domestic and private use.  You agree not to use the Service for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.4 We do not in any way exclude or limit our liability for:

(a)death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;

(b)fraud or fraudulent misrepresentation;

(c)breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

(d)breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

(e)defective products under the Consumer Protection Act 1987.

14. Events outside our control

14.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.

14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

(a)we will contact you as soon as reasonably possible to notify you; and

(b)our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our provision of the Service, we will restart the Service as soon as reasonably possible after the Event Outside Our Control is over.

14.4 You may cancel the Contract if an Event OutsideOur Control takes place and you no longer wish us to provide the Service to you.  Please see your cancellation right under clause 10.3.  We will only cancel the Contract if the Event Outside Our Control continues for longer than four weeks in accordance with our cancellation rights in clause 10.5.

15. Other important terms

15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.  We will always notify you in writing or by posting on this webpage if this happens.

15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.6 These Terms are governed by English law. This means a Contract for the provision of the Service to you through our site and any dispute or claim arising out of or in connection with it will be governed by English law.  You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

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