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Online Property UK Ltd Terms & Conditions

It is a requirement of the Estate Agents Act 1979 that you understand and accept our terms and conditions when instructing Online Property UK Ltd as agents for the sale of your property. Please read the terms set out below and confirm your acceptance of these terms and conditions and as confirmation that we have interpreted your instructions by signing at the bottom of the end page as stated or by ticking the electronic box within your online account.

Terms of this Agency Agreement

1. Definitions
Within this agreement the following words of phrases shall, unless the context otherwise requires, have the following meanings:

 

“Property”	The property address for which you have instructed us to sell as stated at the end of this agreement under the term “Selling address”
“Commission”	The amount payable to Online Property UK Ltd in respect of our fees due from the introduction of a buyer who legally completed on the purchase of your property
“Sale Price”	The price agreed with your buyer for the sale of the property
“Buyer”	The person buying your property
“Seller”	The owner of the property or the person given the benefit to or who is entitled to sell the Property
“You”	The owner of the property or the person given the benefit to or who is entitled to sell the property
“Exchange date”	The date of which contracts of the sale of the property are legally exchanged and are legally binding
“EPC”	Energy performance certificate
“Completion Date”	The date agreed by both buyer and seller that is the completion of the sale/purchase
“Online Property UK or We”	Means Online Property UK Ltd a company registered in England, company registration number 6917431
“On the market”	This means that your property is being listed on the Online Property UK website and/or our partner sites.
“site”	This means our websites (www.onlinepropertyuk.co.uk and www.onlinepropertyuk.com) which you are subscribing to by entering into an agreement with us in accordance with these terms and conditions

 

2. By subscribing to our site you enter into a binding contract with us on the following terms and conditions.

3.  Fees paid and commission payable to Online Property UK Ltd.
The option you have chosen - Payment upfront/Payment due on sale completion

Option 1 - £649 + VAT upfront no charge payable upon completion.

Option 2 - £299 + VAT upfront with £499 + VAT payable on completion.

Option 3 - £149 + VAT upfront with £849 + VAT payable upon completion.

 

3.1 You agree to instruct Online Property UK Ltd on a Sole Agency basis for a term of 12 months from the date that you sign and return this contract to us and in the event of a buyer being introduced to you by Online Property UK Ltd during the period of contract stated and subsequently entering into a binding contract to purchase the property, Online Property UK will be due the relevant commission as per the table above.
3.2 To instruct Online Property UK you would have paid an initial fee depending on which option you selected. This initial payment is considered our “home visit” fee and once our agent has visited your property this becomes non-refundable.

4. Your listing with Online Property UK and portal partners
4.1 Online Property UK Ltd guarantees that your property is listed on the Online Property UK website which is www.onlinepropertyuk.co.uk and www.onlinepropertyuk.com. Third party website portals are subject to change, they may not be controlled by Online Property UK Ltd and we do not guarantee continued presence on these websites, although we will use our best endeavours to ensure that your Property is listed on relevant third party websites and it is the policy of Online Property UK to continue to maintain, expand and improve our property portal networks at all times.
4.2 Anytime marketing,

Package Name	Marketing Period
“Option 1”	12 Months
“Option 2”	12 Months
“Option 3”	12 Months

 

Dependant on which option you chose you are entitled to anytime marketing as per the table above.
During the run-up to your listing expiry you’ll be given the opportunity to purchase additional marketing time, the time and rates are available to view on our website and will be offered to you via email.
If you do not wish to continue marketing after your expiry then your property listing will expire and your agreement with
Online Property UK Ltd will automatically come to an end and your property de-listed.
Please note for your benefit – marketing means that you are only using up time when you are “on the market” if you pause marketing then your time will pause with it enabling you to return at a later date and continue where you left off.
4.3 Your initial listing with Online Property UK has an expiry as per the table above 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 straight forward process and does not cost anything; we'll send email reminders to you well in advance of the time of expiry. Should you decide not to renew you can still log in at any time and re-list the property after the 6 months is up.

45. Right Move Premium Listing
5.1 If you have included or order the Right Move premium 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 Right Move 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 credit unless you purchase another one. This is the way Right Move operate the Premium option and not something we have control over.

6. Property Misdescriptions Act 1991
6.1 To ensure compliance of the Property Misdescriptions Act 1991 and to ensure that neither Online Property UK nor the seller becomes involved in any legal action, we reserve the right not to publish any information provided by the seller.
6.2 The seller shall indemnify Online Property UK Ltd, 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.

7. Offers received for your property and sales notification
7.1 Online Property UK Ltd confirms that (unless instructed to the contrary in writing by you, the seller) they will forward to you promptly and accurately in writing (which includes email correspondence), all offers from prospective purchasers.
7.2 Online Property UK Ltd 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 solicitors 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.

8. Your obligations as the seller(s). The seller(s) hereby warrants and covenants that he/she/they:
8.1 have the necessary authority, power and capacity to enter into this agreement; and
8.2 are the beneficial owner(s) of the property; or have the authority from the beneficial owner to sell the property on the above terms.

9. For Sale Boards
9.1 All of our packages include an erected Online Property UK for sale board. 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 Online Property UK board is displayed, no other boards are erected.
9.2 For all other options, if instructed and paid for by you, we will supply you with a “For Sale” board at the property for sale. 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 Online Property UK board is displayed, no other boards are erected. Online Property UK will install the for sale board.
9.3 As part of the Online Property UK Ltd terms, once the board has been erected, it is your responsibility to take it down or re-erect it if it’s affected by weather conditions or by a third party. Online Property UK Limited is not liable for the loss of your board or any damage the board may cause, you will be charged a fee per additional For Sale board that you require. At the end of your property sale and the contracts have been exchanged, Online Property UK will arrange for the for sale board to be collected. If however the for sale board has been removed prior and in the removal it has been damaged, or lost we have the right to invoice you for the cost of a replacement board, fixings kit and post.
9.2 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 breech of council regulations will be your responsibility so we advise that if you 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.

10. Unoccupied property
Online Property UK cannot accept responsibility for the maintenance or repair of unoccupied property for the sale.

11. Property Particulars for marketing
Online Property UK shall prepare a set of property particulars on your behalf, however Online Property UK 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; this can be confirmed in writing, or by logging on to your secure member’s area within the House Network website using your username and password as given upon and/or prior to your appointment.

12. Energy Performance Certificate (EPC’s)
An EPC must be commissioned within 28 days of marketing your property. Online Property UK will market your home as soon as the EPC or proof of order is available in full. If we provide your EPC then this is non refundable once the home visit and EPC has taken place.

13. Money laundering
Money Laundering – Under the Money Laundering Regulations of 2003 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.

14. The information contained in the material on the Site is for information purposes only and does not constitute advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of this Site, or by anyone who may be informed of any of its contents.

14. If you fail at any time to pay any subscription charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights, deny you access to those areas of our site which are exclusively available to subscribers. We need not provide you with advance notice in such circumstances

15. The information contained in the material on the site is for information purposes only and does not constitute advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of this Site, or by anyone who may be informed of any of its contents.

16. Subject to this agreement and to the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with use of this Site or the services provided by us under this Agreement, including any loss or damage of any kind, however arising whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

17. We do not exclude liability for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law.

18. Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.

19. You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy

20. All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.

21. If your instructions are received by us other than in a face-to-face meeting (eg by letter, telephone, email or via the website) then, subject to the next paragraph, you have the right to cancel those instructions within seven working days beginning with the day you subscribe to our site.  You may cancel your instructions by delivering, posting, faxing or emailing a Notice of Cancellation to us.

22. If you agree that we should start providing our services before the seven-working days cancellation period has expired, then your right to cancel ceases when the services start.

23. The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

24. If any part of these terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

25. We shall not be liable for any breach of any of our obligations or for any additional cost or expense where such breach, cost or expense is wholly or mainly due to circumstances outside its reasonable control.

Online Property UK Ltd
Premier House, Long Chimney
Beech Tree Lane,
Sidmouth,
Devon,
EX10 0PE