Selling Terms and Conditions
Before you agree to sell your property with us we need to make sure that you understand and accept these terms and conditions. If you have any questions relating to these terms and conditions then please contact us either by calling us on 0330 111 0070 or writing to us via email through our Website or by post to the following address: The Octagon, Middleborough Rd, Colchester, C01 1TG.
To agree to the following terms and conditions, you must be a beneficial owner of the property being sold or have the permission of the beneficial owner to sell the property. You also cannot be an estate agent operating on behalf of the beneficial owner.
These terms and conditions, together with the information that you provide us when registering for our services and any products form the basis on which you agree to appoint us, and we agree to act, as your estate agent to sell the property (the “Agreement”).
To confirm your acceptance of these terms and conditions and the formation of your Agreement you will need to read these terms and conditions and tick the “accept terms and conditions” box on our Website.
In these terms and conditions the following words and phrases shall have the following meanings:
“Completion Date” means the date of the completion of the sale of the property between you and the Purchaser;
“Data Protection Legislation” means (i) until 25 May 2018 the Data Protection Act 1998, (ii) after 25 May 2018 the General Data Protection Regulation ((EU) 2016/679)("GDPR") and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (iii) any successor legislation to the GDPR or the Data Protection Act 1998;
“Discount Code” means any discount code made available by us from time to time which can be redeemed against your Fees in accordance with clause 9 and the terms of the discount code;
“Exchange Date” means the date at which contracts for the sale of the property between you and the Purchaser are formally exchanged;
“Fees” together the Success Fee and any amounts you pay for any selected Products;
“Home Viewings Package” means a block of 10 viewings which will be carried out by us to prospective purchasers of your property;
“Home Visit” means the visit to the property made by your local HouseSimple.com representative following your acceptance of these terms and conditions;
“HouseSimple.com” means Housesimple Limited (a company registered in England and Wales with company number 7622707);
“Marketing Period” means 6 months from the date of your Agreement during which time we will continually list your property.
“Products” means the supply of any of the following products/services as detailed on our Website: preparation of an EPC (Energy Performance Certificate), premium listings on Rightmove and a Home Viewings Package; together with such other products as are offered by us for purchase from time to time in connection with the sale of your property in accordance with these terms and conditions;
“Property” means the entire freehold or leasehold property to be offered for sale in accordance with these terms and conditions;
“Purchaser” means the purchaser or prospective purchaser of the property;
“Seller”, means the beneficial owner(s) of the entire property or person(s) with authority of the beneficial owner(s) of the property to sell the property whose name is listed on the online registration form and any reference to ‘you’ or ‘your’ is to the Seller;
“Services” means the estate agency services set out in clause 1 to be provided by us in accordance with these terms and conditions;
“Success Fee” the amount payable to us upon the sale of the property is the sum of £995;
“us”, "we" or “our” means HouseSimple.com;
“Website” means www.housesimple.com.
2. The Services
In consideration of the payment of the Success Fee, we provide the following estate agency services:
• Valuation visit
• Your account manager
• For sale board
• Provision of photography services
• Provision of floor planning services
• Provision of negotiation services
• Legal setup and management to completion
(together the “Services" or individually as the context requires).
3. Sole Agency
As part of our provision of the services, you are appointing us as your sole agent for the marketing and sale of your property for 13 weeks from the date of your Agreement. Following the end of this 13 week period, we will continue to market your property for the remainder of the Marketing Period, but you may also appoint another agent to also market your property.
For the purposes of this Agreement, sole agency means that you will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the property are exchanged (and for Scottish properties, unconditional missives for the sale of the property are concluded):
(i) with a purchaser introduced by us during the 13 week sole agency period or with whom we had negotiations about the property during this period; or
(ii) with a purchaser introduced by another agent during that 13 week sole agency period.
4. Advertising, Photography and our Website
We will advertise your property (including the address, asking price, photographs, and floor plans) on our Website, partner websites, in magazines and newspapers, and anywhere else we feel will lead to a sale of your property. This may include advertising outside of the UK.
We will always list your property for sale on our Website. Third party website portals which we use are subject to change and may not be controlled by us. We cannot therefore always guarantee continued presence on these websites, however, we try always to maintain, expand and improve our portal networks.
It is your responsibility to ensure that the property is in a fit state to be photographed. You must, therefore, please ensure that it is tidied and suitably arranged before the Home Visit.
If your property is particularly remote, we may need to charge you reasonable travel costs to get there. Likewise, if your property takes longer to photograph due to its size or if there are multiple properties, we may charge an additional fee. Any additional charges will be notified to you when you sign up for the services.
We own the photos that we take of your property.
If you wish to add your own images to your listing the photograph must be;
(i) owned by you or you have permission to use it;
(ii) of the property;
(iii) representative of the property's current condition.
You may not use your listing with us to gain interest in other properties not listed with us, and you may not upload any corporate or other logos, image or brand identifier to the property description or include the same in any image you submit to us. We can cancel your Agreement with us if we reasonably believe you are doing this.
You are not permitted to pass, for their use or use on your behalf, any login details we supply to you as part of the services, to any person who acts in a professional capacity, including but not limited to any estate agent or letting agent.
We regularly update our Website and may change the content from time to time. Our Website may not always be completely up to date, and we are not obligated to update it. We cannot guarantee it will be free of errors.
We shall use our reasonable endeavours to notify you of all offers we receive to purchase the property within 24 hours of an offer being received by us.
If you accept an offer to purchase the property, we reserve the right to list the property as ‘Sold Subject to Contract’ in any of the methods we use to advertise properties from time to time, until the Completion Date.
6. For Sale Boards
As part of the services, you will receive a ‘For Sale’ board unless when you register you select that you do not wish to receive one as part of our supply of services. Where a ‘For Sale’ board is supplied to you, you agree that its maintenance is your responsibility while it is in your possession. Further it is your responsibility to re-erect the board if it is affected by weather conditions or by a third party. We are not liable for the loss, theft or any damage to the ‘For Sale’ board provided or any damage the ‘For Sale’ board may cause (to the extent permitted by law).
There is a charge of £30 if an additional ‘For Sale’ board is required to be sent to you.
Where your property is sold subject to contract we will endeavour to place a ‘Sold’ plaque over the ‘For Sale’ wording on your ‘For Sale’ board. Upon completion of your sale or termination of this Agreement, we will come to collect the ‘For Sale’ board. Please ensure the ‘For Sale’ board is available for collection.
7. Energy Performance Certificates (EPCs)
English and Welsh Properties: You must have ordered an EPC prior to our marketing the property, and you agree to provide us with a copy of the EPC as soon as it is received. We reserve the right to terminate our Agreement with you if you do not provide us with a valid EPC within 21 days of us beginning to market the property.
Scottish Properties: A valid Home Report for your property must be provided to us prior to us beginning to market the property.
The Success Fee is payable if we introduce you to a Purchaser within your six month Marketing Period, even if the sale completes after the Marketing Period has ended. Likewise, if we have introduced you to a Purchaser who goes on to complete the purchase of your property the Success Fee will still be due, even if you cancel our Agreement or the Marketing Period ends.
The Success Fee is due on your Completion Date. You will have to pay for any Products you have opted to add when you instruct us to list your property.
Subject to the terms set out in this clause 8, if you chose to cancel our Agreement at any time, we will remove your property from our Website, portals and other advertising mediums. A Success Fee may be payable in the instances set out in clause 12 below.
At the end of your 6-month Marketing Period your property will be delisted and removed from our Website, portals and other advertising mediums but if you wish to continue marketing your property with us then let us know, and we will reactivate your listing.
By agreeing to these terms and conditions, you are authorising your solicitor or conveyancer to pay the Success Fee outstanding to us at the Completion Date out of the proceeds of the sale of your property. If at any point you become aware that there might not be sufficient funds to pay the Success Fee, you need to tell us immediately, and you will be responsible for paying it directly to us on the Completion Date.
All our Fees, costs and charges are inclusive of VAT (currently 20%) unless otherwise stated. Where VAT is applicable, this will be paid to us, regardless of whether you live in the UK or elsewhere.
9. Discount Codes
Only one Discount Code may be applied per property and must be entered when first registering the property, prior to submitting a request for a Home Visit. Discount Codes cannot be applied to the same property within any six month period or to any invoices or Success Fees paid retrospectively.
10. Dual Fees
Dual fee liability may occur where you seek to instruct another agent to sell the property after the initial 13 weeks sole agency period.
11. Late payment
If any fees due to us remain unpaid more than 10 calendar days following the due date, we reserve the right to charge interest, calculated daily from the due date until payment is made at 3% per annum above the base rate of Barclays Bank PLC until payment is made in full both before and after any judgment. If we need to use legal representatives or collection agents to recover monies due, you will be required to pay all reasonable costs and disbursements that we incur relating to your late payment.
12. Right to Cancel
You have the right to cancel this Agreement within 14 days of accepting these terms and conditions, in accordance with the Consumer Contracts Regulations 2013, without giving any reason and will be afforded the protections set out in this clause and clause 13 below.
To exercise the right to cancel, you must inform us by either calling us on 0330 111 0070 or writing to us via email through our Website or post to the following address: The Octagon, Middleborough Rd, Colchester, C01 1TG. You may use the model cancellation form set out in clause 25 below, but it is not obligatory to use.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
We may terminate the Agreement without liability at any time in the event that you fail to make any payment within 14 days of its due date for payment or you have provided us with any false or misleading information concerning the property and its sale.
If you exchange contracts with a Purchaser introduced by us within 12 months of the cancellation of the Agreement, the Success Fee will become due and payable by you in full. You agree to notify us in the event of any such property sale. For the purposes of these terms and conditions, a ‘Purchaser introduced by us’ is anyone who we have directly introduced to you as a potential purchaser or who has viewed the property.
If you deactivate your property any Rightmove premium listings product you have purchased will be lost and you will have to pay again to have it reactivated.
13. Effects of Cancellation
The terms set out in this clause 13 are subject to the terms set out in clause 12 above.
If you cancel this Agreement within 14 days of accepting these terms and conditions, we will reimburse to you all payments received from you less a reasonable sum for any costs incurred in supplying any Products to you prior to our receipt of your request to cancel the Agreement.
We will make the reimbursement without undue delay, and not later than 28 days after the day on which we are informed about your decision to cancel this Agreement.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
If you cancel the Agreement at any other time then the provisions contained in clause 12 will apply together with any other terms stated to apply on the termination of the Agreement.
14. Health and Safety and Unoccupied Property
It is important that any viewings or visits to the property are conducted safely. It is essential that we are notified of and provided with all relevant information relating to health and safety and that any documentation and/or measures are in place to manage any risks.
It is your responsibility to ensure that, where the property is unoccupied, the property is adequately secured, mains services are turned off, water and heating systems are professionally drained and suitable insurance cover is put in place. You will be responsible for all maintenance at the property and we accept no liability or responsibility for it during the term of this Agreement.
15. Exclusion and Limitation of Liability
Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury caused by our negligence (or the negligence of our employees or agents) or fraud or fraudulent misrepresentation or for any other liability that cannot be excluded or limited by English Law. Notwithstanding this:
(i) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any agreement between us; and
(ii) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Fees paid by you in the 12 month period in which the liability arises.
Use of our Website shall be at your sole risk and we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(i) use of or reliance on any content displayed on our Website; or
(ii) use of, or inability to use, our Website; or
(iii) any inaccuracies contained on our Website relating to your property or otherwise.
We undertake to comply with the terms of the Estate Agents Act 1979 and the Consumer Protection from Unfair Trading Regulations 2008 (“CPR”) where those acts relate to our appointment as your selling agent.
Under the CPR it is a criminal offence for a selling agent to make inaccurate or misleading statements about your property (be they written or verbal), including through the sales particulars, adverts and other marketing, photographs and floor plans. This includes anything that might give the wrong impression about a property and includes omitting facts. This means that:
(i) you are responsible for providing us with accurate information about the property and must tell us immediately if there is any inaccuracy or misleading information in our sales particulars, adverts or any other information that we provide to prospective purchasers and/or their representatives about the property. We will ask you to verify certain information and require you to assist us to the best of your knowledge, having made reasonable enquiries where necessary;
(ii) you will be responsible for any loss, damage or costs we have to pay in the event that you provide incomplete, incorrect or misleading information;
(iii) you shall inform us immediately of any changes in the information that you provide in respect of the property; and
(iv) we reserve the right not to publish any information that you provide.
All information on our Website and provided to potential Purchasers and Sellers directly cannot be guaranteed by us and does not form part of any contract.
17. Money Laundering
We are subject to the Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002, Terrorism Act 2000 and Criminal Finances Act 2017 (the “Legislation”). As a result:
(i) we reserve the right to ask you for such information as we require to comply with the Legislation to verify your identity (or the identity of the person/entity that you represent), which must be received before we can proceed with any work on your behalf;
(ii) we reserve the right to terminate our relationship with you if, when requested to provide such information, you fail to do so or we consider that the evidence provided is insufficient to discharge our obligations under the Legislation (or such similar legislation as is in force from time to time); and
(iii) you acknowledge that we may also be required to provide information to the relevant authorities without prior notification or any liability to you if we know or have a reasonable reason to suspect that you (or the person/entity that you represent) are involved in money laundering or terrorist financing.
18. Data Protection
We undertake to comply with the General Data Legislation in all our dealings with your personal data.
19. Direct Marketing
We will not send any direct marketing communications where you have not selected to receive this.
When registering your details with us, you will be asked whether or not you wish to be contacted directly by us with reference to any offers and promotions with updates about the property and/or our services, Products as well as details of any other relevant or related products and services.
We may share client data with third parties to perform services (including user profiling) on our behalf, however, please note this will not permit such third parties to market directly to you. We will otherwise not pass on any client data to any third parties without consent.
20. Related services
It is possible that you and/or the Purchaser of the property may wish to instruct us in respect of a related service (including with regard to obtaining a mortgage and otherwise financing the purchase of the property). In such circumstances, we or our employees may earn some form or remuneration in relation to those services. We will provide you with details of any such services rendered to the prospective purchaser of the property if applicable.
We aim for your sale with us to be trouble free, but if you have any problems with our Service, our complaints policy, a copy of which can be viewed on our Website, sets out how you can make a complaint.
If you are dissatisfied with how we deal with a complaint, you are entitled to refer the matter to The property Ombudsman within six months of receipt of our final view.
We are members of The Property Ombudsman and abide by The Property Ombudsman Code of Practice. Please note that The Property Ombudsman will only review complaints made by consumers. You agree that we may disclose information relating to the sale of the property to The Property Ombudsman if The Property Ombudsman asks us for it.
22. General Terms
You hereby agree to indemnify us against any and all reasonable and direct costs, expenses or liabilities incurred or imposed on us provided that such reasonable and direct costs, expenses or liabilities were incurred in our carrying out the range of services and/or Products which you select (from time to time) on your behalf.
You are not entitled to assign, sub-contract or otherwise dispose of any of your rights or obligations under this Agreement without our prior written consent.
Neither you nor we shall be liable under or in connection with these terms and conditions to the extent that such liability arises as a consequence of any event of circumstance or cause beyond the reasonable control of that party.
We are not aware of any personal interest existing between us or anyone in our employment or any connected person(s) of an employee, director or shareholder of us and you. If you are or become aware of such an interest you should notify us immediately. For the purposes of this clause, a “connected person” means a family member of an employee, director or shareholder of HouseSimple.com (that is, that persons spouse, civil partner, any person with whom that person lives with as a partner in an enduring family relationship, a child or stepchild of that person, a child or stepchild of that persons’ partner (if living with that person and under the age of 18), or that person’s parents).
Any notice given in connection with the Agreement shall be in writing and may be delivered by hand, pre-paid first class post, special delivery post, facsimile or e-mail (unless otherwise notified) to, in our case, our registered office address (The Octagon, Middleborough Rd, Colchester, C01 1TG) and, in your case, to the address given when you submitted your details on the Website.
Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the second business day after posting or at the time recorded by the delivery service;
(c) if sent by fax or email, at 9.00am on the next business day after transmission.
This clause does not apply to the service of any proceedings or other documents in any legal action, or where applicable, any arbitration or other methods of dispute resolution.
If a court rules that any provision of these terms and conditions is invalid or unenforceable, this will not affect the rest of the Agreement, which shall remain fully in force.
Rights of Third Parties
This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
23. Entire Agreement
This Agreement (together with any documents referred to in it) constitutes the entire agreement between us and you and supersedes all prior agreements or communications between the parties. Any amendment to this Agreement will only have effect if it has been made in writing by a Director of HouseSimple.com.
24. Law and Jurisdiction
The Agreement is subject to English law and jurisdiction. If you live in Scotland you can bring legal proceedings in respect of the services and Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services and Products in either the Northern Irish or English courts.
25. Cancellation Form
To: HouseSimple.com, The Octagon, Middleborough Rd, Colchester, C01 1TG.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the supply of the following services/products:
Name and address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate.
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