Selling Terms and Conditions
It is a requirement of the Estate Agents Act 1979 that you understand and accept our terms and conditions prior to instructing HouseSimple.com on the sale of your property.
These terms and conditions, together with the information that you provide us through our website, forms the basis on which you agree to appoint and HouseSimple.com agrees to act as your estate agent to sell the Property (the “Agreement”). Please note that you confirm your acceptance of these terms and conditions by ticking the “accept terms and conditions” box on our website and then clicking the “submit” button.
In these terms and conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:
“Completion Date” meaning the date of the completion of the sale of the Property between the Seller and the Purchaser;
“Exchange Date” means the date at which contracts for the sale of the Property between the Seller and the Purchaser are formally exchanged;
“Fee Option” means the total fees payable in respect of the Services you select (as varied from time to time) (being the Pay Upfront, Pay Later or No Sale No Fee option that you select to pay);
“Home Visit” means the visit to the Property made by your local Housesimple.com representative following your acceptance of the terms and conditions;
“HouseSimple.com” means Housesimple Limited (a company registered in England and Wales with company number 7622707) and any reference to 'we’, ‘us’, or ‘our’ is a reference to HouseSimple.com;
“No Sale No Fee” means the amount payable on the Completion Date.
“Pay Later” means the amount payable on the earlier of the Completion Date or 6 months after the commencement of Services, whether a sale of your property is completed or not;
“Pay Upfront” means the non-refundable payment made for marketing once the Trial Period has expired;
“Property” means the freehold or leasehold property to be offered for sale;
“Purchaser” means the purchaser of the Property;
“Sale Price” means the final agreed selling price of the Property;
“Seller” means the beneficial owner(s) of the Property or person(s) with authority of the beneficial owner(s) of the Property to sell the Property whose name is listed as such and any reference to ‘you’ or ‘your’ is to the Seller;
“Services” means the estate agency services to be provided by HouseSimple.com as set out in these terms and conditions;
“Success Fee” means the amount payable upon the sale of the Property;
“Trial Period” is a 7 day trial period within which the property will be marketed by HouseSimple.com.
Unless the context otherwise so requires, references to statutory provisions include those statutory provisions as amended or re-enacted, references to any gender includes all genders and the singular shall include the plural and vice versa.
In entering into the Agreement, you hereby warrant that you have the necessary authority, power and capacity to do so and that you are either the beneficial owner of the Property or have the authority from the beneficial owner to sell the Property on these terms. You also warrant that you are not acting in a professional capacity as an estate agent or on behalf (whether as an employee, agent or otherwise) of an estate agency.
We shall use our reasonable endeavours to notify you of all offers we receive to purchase the Property within 24 hours.
If you accept an offer to purchase the Property, we reserve the right to list the Property as ‘Sold Subject to Contract’ until the Completion Date.
Negotiations are always included, whether you have chosen our Pay Upfront, Pay Later or No Sale No Fee option.
For Sale Boards
If as part of the Services selected you choose to receive a ‘For Sale’ board, you agree that its maintenance is your responsibility while it is in your possession. It is your responsibility to re-erect it 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.
HouseSimple.com will not send any direct marketing communications where you have chosen to opt-out of receiving these.
By registering your details with us, you consent to being contacted directly by HouseSimple.com with reference to any offers and promotions with updates about the Property and/or our service as well as details of any other relevant or related products and services.
Housesimple 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.
Advertising, Photography and the Website
You authorise us to advertise details of the Property (including, without limitation, the address of the Property, its asking price, photographs and plans) on our website, partner websites, magazines and newspapers and in any other such media as we deem in our sole discretion reasonable in order to achieve a sale of the Property.
We guarantee that the Property will be listed on the HouseSimple.com website (www.housesimple.com). Third party website portals are subject to change, may not be controlled by HouseSimple.com and we cannot therefore always guarantee continued presence on these websites. It is, however, our policy to maintain, expand and improve our property portal networks at all times.
The use of a Rightmove Premium product requires continual marketing. In the event that you deactivate your advert for any period the Rightmove Premium will be lost and you will be liable to pay a further fee to reactivate this.
Photography and any media we create will remain the property of HouseSimple.com. Photos can otherwise be purchased for £115.
It is your responsibility to ensure that the Property is in a fit state to be photographed. For insurance purposes our photographers are not permitted to rearrange items within the Property. You must therefore please ensure that it is tidied and suitably arranged before the Home Visit.
We reserve the right to charge additional reasonable fees in respect of photography completed for your property; eg to cover travel costs for getting to your property, or where the property or properties take longer to photograph due to their size or number (ie 6 bedrooms or more or multiple properties).
In the case when we utilise photography provided by you as well as, or instead of, our own photography it must be:
a) owned by you or you have permission to use it;
b) of the Property; and
c) representative of the Property's current condition.
You may not upload any corporate or other logo, image or brand identifier to the Property description or include the same in any image you submit to us.
You may not use enquiries gained through our website to generate interest or further enquiries by any means or method for properties not listed through us.
Free Trial Period
You will be entitled to a 7 day free Trial Period. During the Trial Period you will be given access to MyHousesimple client site and editing suite and display your Property for a period of 7 days across our full network of 500 websites.
Any extra products paid for will be non-refundable (subject to the statutory cooling-off period). If we achieve a sale on your property during the free 7 day marketing trial period then a completion fee of £995 plus VAT will be payable.
Please note the Free trial is a trial of our marketing, this does not include negotiations or sales progression, as such if your property is sold within the Free trial, your chosen fee plan will apply.
Pay Upfront Fee
The Pay Upfront Fee shall be paid once you agree to these terms and conditions, and the Free Trial Period has ended.
Subject to your right to cancel described below, if you cancel the Services at any time after the Trial Period the Pay Upfront Fee is non-refundable. Your property will be marketed on property portals for a period of up to 6 months when you select the Pay Upfront Fee option.
Pay Later Fee
Subject to your right to cancel described below, if you cancel the Services at any time after the Trial Period the Pay Later Fee will be due in full immediately after cancellation.
Your property will be marketed on property portals for a period of up to 6 months when you select the Pay Later Fee option.
If you do not cancel, the Pay Later Fee shall be paid on the Completion of the sale of your property or after 6 months, whichever is soonest.
No Sale No Fee
Subject to your right to cancel described below, if you cancel the Services at any time after the Trial Period there will be no further charge and we will cease marketing your property. Your property will be marketed on property portals for a period of up to 6 months (182 days) when you select the No Sale No Fee option.
A refundable ‘Set-up fee’, will be due on completion of your free trial period. If you market your property for sale for a continuous period of 3 months (91 days), and we have not introduced a ready, willing and able purchaser or sold your property you will be entitled to a refund of this set-up fee.
In order to claim back your refundable set-up fee, you must contact your Account Manager within 6 months of the end of the 91 day qualifying period. Refunds will be processed as soon as possible but may take upto 28 days to reach your account.
The No Sale No Fee success fee shall be paid on the Completion of the sale of your property.
By providing your credit/debit card details you authorise us to take any payments due . You may cancel this payment authority by contacting us at email@example.com or directly with your bank, however all outstanding fees must be settled in full at such time.
If your credit/debit card details expire before the final payment is due, being the Completion Date or 6 months after the commencement of the Services for the Pay Later Fee option or the date of the Success Fee for the No Sale No Fee option, you should update your credit/debit card details before such date otherwise you authorise us to take all such payments before your credit/debit card expires.
Housesimple offers a discounted completion fee to clients who sign up to the conveyancing and mortgage services upfront. The completion fee will be reduced by £50 per service chosen.
If you pay a reduced fee by agreeing to use our conveyancing service, but on sale decide against using these services a charge of £395 will be added to your completion fee.
If you pay a reduced fee by agreeing to use our mortgage broking service, but on sale decide against using these services a charge of £195 will be added to your completion fee.
Changing your Fee Option
You are only able to alter your selected Fee Option if you are changing from the No Sale No Fee option to the Pay Upfront or Pay Later Fee option.
Any alteration in the selected Fee Option is not effective:
a) in respect of any potential Purchaser introduced prior to the change in Fee Option who later completes the purchase of the Property; or
b) following your receipt of an offer to purchase the Property which proceeds to completion,
and in either case the Success Fee payable by you will be the Success Fee that was applicable at the time that the eventual Purchaser first viewed the Property.
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 6 month period or to any invoices or fees paid retrospectively.
Time and Payment of Fees
The Pay Upfront Fee shall be paid once you agree to these terms and conditions, and the Free Trial Period has ended.
The Pay Later Fee shall be paid on the earlier of the Completion Date or 6 months following the commencement of Services.
The No Sale No Fee success fee shall be paid on the Completion Date.
On agreeing to these terms and conditions, you are hereby authorising your solicitor or conveyancer to pay our fees out of the proceeds of the sale of the Property. Such payment is to be made prior to any other disbursements, save the solicitor’s or conveyancer’s fees. If at any stage of our instruction you become aware that there might not be sufficient funds to pay the Success Fee or the Pay Later Fee from the net proceeds of the sale, it is important that you tell us immediately.
If any invoice or fees due to us remains unpaid more than 10 calendar days following the Completion Date, we reserve the right to charge interest, calculated daily from the Exchange Date until payment is made at 3% per annum above the base rate of Barclays Bank PLC (or, if higher, at the rate provide for under the Late Payment of Commercial Debts (Interest) Act 1998 and its regulations (if applicable)) 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 costs and disbursements that we incur relating to your late payment.
Right to Cancel
You have the right to cancel this Agreement within 14 days of accepting these terms and conditions without giving any reason and will be afforded the protections set out in this (Right to Cancel) and the subsequent paragraph (Effects of Cancellation).If you exercise your right to cancel outside of the 14 day cancellation period all fees owing to us will become due and payable.
To exercise the right to cancel, you must inform us HouseSimple.com at Skyview House, Sudbury, Suffolk, CO10 2YA, on 0330 111 0070 or through our website of your decision to cancel this Agreement by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
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.
You may request that the Services commence during the 14 day cancellation period. If you subsequently exercise your right to cancel after services have commenced you shall pay us an amount which is in proportion to the Services provided to you until you have communicated to us your right to cancel. Any products ordered will not be refundable once the 14 day cancellation period has expired. For the avoidance of doubt, the Home Visit shall represent an express request for Services to commence.
Effects of Cancellation
If you cancel this Agreement within 14 days of accepting these terms and conditions, we will reimburse to you all payments received from you.
We will make the reimbursement without undue delay, and not later than 14 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 requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this Agreement, in comparison with the full coverage of the Agreement.
Exchange of Contracts following cancellation
If you exchange contracts with a Purchaser introduced by us within 12 months of the cancellation of the Agreement, any Success Fee due will become payable by you in full.
For the purposes of these terms and conditions, a ‘Purchaser introduced by us’ is anyone who has learned about the Property through our activities either directly or through another person (including, but not limited to, advertisements, office displays, sales details, For Sale signs, internet advertising, leaflets and any other verbal or written activity).
All our fees, costs and charges are inclusive of VAT (currently 20%). Where VAT is applicable, this will be paid to us, regardless of where you live in the UK or elsewhere.
We undertake to comply with the terms of the Estate Agents Act 1979 and the Consumer Protection from Unfair Trading Regulations 2008 (“CPRs”) where those Acts relate to our appointment as your selling agent.
We are not aware of any personal interest existing between us or anyone in our employment or any connected person(s) and you, unless specifically stated elsewhere. If you are or become aware of such an interest you should notify us immediately.
Under the CPRs 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. To this end:
a) 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;
b) you will be responsible for any additional costs incurred by us to ensure that the circulation of incomplete, inaccurate or misleading information is rectified and hereby indemnify us, our employees and agents in respect of any losses, damages, expenses or other such costs incurred or for which we may be held liable which arise from you providing us with incomplete, inaccurate or misleading information or any failure by you to provide us with the necessary information regarding the Property as and when you become aware of it;
c) you shall inform us immediately of any changes in the information that you provide in respect of the Property; and
d) 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 and does not form part of any contract.
We are subject to the Money Laundering Regulations 2007 and the Proceeds of Crime Act 2002. As a result:
a) we will ask you for such information as we require 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;
b) we reserve the right to terminate our relationship with you if you fail to provide such identification or we consider that the evidence provided is insufficient to discharge our obligations under this legislation (or such similar legislation as is in force from time to time); and
c) you acknowledge that we may also be required to provide information to the relevant authorities if we know or have reason to suspect that you (or the person/entity that you represent) are involved in money laundering.
Health and Safety
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.
Exclusion of Liability
Nothing in this Agreement 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.
We are registered under the Data Protection Act 1998. We undertake to comply with this Act in all our dealings with your personal data.
Energy Performance Certificates (EPCs)
English and Welsh property: You must have ordered an EPC prior to our marketing the Property and agree to provide us with a copy of the EPC as soon as it is received. We reserve the right to terminate our relationship with you if you do not provide us with a valid EPC within 21 days of us beginning to market the Property.
Scottish property: A valid Home Report for your property must be provided to us prior to us beginning to market the Property.
It is possible that you and/or the prospective 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 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.
You hereby agree to indemnify us against any and all costs, expenses or liabilities incurred or imposed on us provided that such costs, expenses or liabilities were incurred in our carrying out the range of Services 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 party shall be liable under or in connection with these terms to the extent that such liability arises as a consequence of any event of circumstance or cause beyond the reasonable control of that party.
Any notice given in connection with these terms and conditions 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 address as given at the start of these terms and conditions and, in your case, to the address given when you submitted your details on the website.
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.
The Agreement constitutes the entire agreement between us and you (the Seller) 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.
Law and Jurisdiction
The Agreement is subject to English law and the High Court and the County Courts of England and Wales shall have jurisdiction to hear and determine any action or proceedings in respect of this Agreement.
To: HouseSimple.com, Skyview House, Sudbury, Suffolk, CO10 2YA.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the supply of the following service:
Name and address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate.