Terms

Terms & Conditions

Agreement

1. General

1.1 – The terms and conditions outlined in this Agreement shall be interpreted in accordance with the law of England and Wales.

1.2 – The conditions set out represent an invitation to treat, and no legally binding Agreement shall be completed until the terms and conditions have been accepted by the customer. Both parties agree that acceptance shall take place by the customer indicating his acceptance of the terms and conditions of the Agreement in the relevant box provided on the company’s internet site.

1.3- VAT shall be payable on all fees and charges where it is applicable and shall be added at the prevailing rate.

1.4 – No liability is accepted by the company for any conduct leading to any loss whether personal injury or otherwise as a result of actions or omissions on behalf of any third party contracted by the company to perform all of any part of the Agreement or otherwise. This clause shall include any conduct involving the erection or supply of sale boards, or the supply of any other materials to assist in the sale of the property. The company accept no liability for any losses arising from the conduct of itself or third parties arising from circumstances beyond its control.

1.5 – This Agreement will last for a period of 12 months. After that period the Agreement will come to an end unless renewed by the customer. Any fees paid by the customer during that period will not be refunded by the company even if a sale has not been achieved. Should the customer have chosen the option to pay for services upon completion then the Agreement will only be renewed at the discretion of the company.

2. Termination

2.1 – The company may terminate this Agreement without a refund of any monies due to you on the occurrence of any of the following events.

2.1.1 – You require us to market your property or act in relation to the sale in a manner which the company in its own discretion considers to be unreasonable or

2.1.2 – You require us to market your property or act in any way which is in breach of the company’s obligations under general law.

2.2 – The Agreement will terminate upon the occurrence of any of the following and the company reserve the right to claim monies due under this Agreement:

2.2.1 – The customer providing 14 days notice in writing which must be received by the company prior to the unconditional exchange of contracts.

2.2.2 – This Agreement will automatically terminate after a period of 12 months in accordance with paragraph 1.5 of this Agreement if unconditional exchange of contracts has not been achieved in relation to the property within that period.

2.2.3 – The customer becomes bankrupt, transfer the ownership of the property to a third party for nil consideration or should any Court Order be made which in any way affects the customer’s ability to deal with the property or obtain a sale on the customers behalf.

2.2.4 – The customer fails to engage with the company in the marketing of the property for a period of 3 continuous months or more.

2.3 – Upon completion of the sale of the property.

3. Cancellation

3.1 – Either party may cancel this Agreement prior to the property being marketed for sale which is evidenced by either the erection of a sale board or advertisement via a website whether it be the company’s or a third party by providing notice in writing to the other.

3.2 – Should the contract be cancelled then no fees shall be repayable to the customer if the company have obtained the EPC or commenced the preparatory work to market the property which may include but is not limited to the obtaining of photographs and property information relating to the property.

4. Fees

4.1 – The company provides four alternative fee arrangements:

a) For any property with an asking price of £100,000 or less we offer a single upfront fee payable in a single instalment upon entering into this Agreement of £500.00 (inc VAT).

b) For any property with an asking price of £100,000 or more we offer a single upfront fee payable in a single instalment upon entering into this Agreement of £695.00 (inc VAT).

c) A payment of £795.00 (inc VAT) payable by 12 monthly instalments on a subscription basis with the first payment upon entering into the Agreement and the balance being paid on or before the final day of each month thereafter until total fees have been paid. Should the property be sold within a 12 month period then the balance of the fee must be paid in its entirety on the date of legal completion. Should the customer default of any single monthly payment then the whole amount outstanding shall become due and owing and payable within 14 days of the defaulted payment.

d) A single no sale, no fee payment of £895.00 (inc VAT) payable within 7 days of the date of legal completion of the sale. In choosing this option you agree that we be allowed to exclusively market your property for a minimum of 10 weeks or until a sale is agreed, whichever comes sooner. During the period of exclusive marketing you can instruct another agent to sell your property, however you will still be liable for our commission if any sale is made.

4.2 –  The customer must indicate at the time of entering into the Agreement the payment option that they require and such option cannot subsequently be amended without the written permission of the company. Payment is indicated by selecting the appropriate option on the company’s website when agreeing their terms and conditions.

4.3 – The fee includes provision of services by the company including a home valuation, photography, floorplan, EPC, listings, accompanied viewings, sale boards to the extent that the company in its own discretion believes are required to achieve a sale of the property.

4.4 – Should the contract be terminated for any reason set out in clause 2a or b(2-4 inclusive) then the fees due to the company as agreed shall become payable within 28 days of termination of the Agreement.

4.5 – At its own discretion the company will not charge any additional fees for additional marketing that the company believes is required in order to achieve a sale of the property.

4.6 – The customer agrees that they will instruct a legal representative to deduct any monies due to the company from the proceeds of sale of the property and to pay such sums that are due to the company on the date of legal completion. Should there be insufficient monies available from the sale of the property to the legal representative to discharge the company’s fees then the customer will ensure that the balance of any monies that may be due to the company will be paid within 7 days of the date of legal completion of the sale.

4.7 – Should there be any default on any of the payments that are due to the company then the customer shall be liable from the date of the default to pay the debt together with interest at 2% above the Barclays Bank base rate by way of an interest payment on all sums outstanding and such obligations shall continue until the debt is fully repaid.

4.8 – Should a sale of the property be achieved within 12 months of the termination of this Agreement by either party to any third party introduced to the customer by the company through their marketing or otherwise then the fees outlined in clause 4.1 (c) shall be payable to the company notwithstanding the fact that the contract may have been terminated.

5. Additional Services

5.1 – The company can provide additional services to assist with the sale of the property. Such services will attract an additional fee which shall be payable immediately upon the service being requested.

5.2 – The customer may request such additional services either at the time of entering into the Agreement or at any time thereafter until a sale is achieved.

5.3 – The services available are:

a) Accompanied viewings are included free of charge in all of our pricing packages if you live within a 6 mile radius of our Town Hall office. This means we cover most of Tyne and Wear free of charge but would ask for a small negotiable fee should you be out of this radius and still want accompanied viewings. Please contact us for further information.

b) Premium display within Rightmove and Zoopla – £99.00 (inc VAT)

c) Deluxe Photography – £150.00 (inc VAT) – all photos remain the property of the company and professional photographer until a successful completion has been achieved. Following completion the company and photographer grant the home owner the right to these photographs for personal use only and non commercial use. The professional photographer and company will retain all commercial rights of the photographs post a completed sale.

d) Direct digital advertisement – £250.00 (inc VAT)

 

6. Marketing

6.1 – The company shall carry out such marketing as they in their absolute discretion believe is required to achieve a sale of the property.

6.2 – The company will carry out an appraisal of the value of the property for marketing purposes and notify the customer of their valuation. The customer is required to confirm the valuation for marketing purposes at the company’s first appointment with them and if they are unable to do so within 48 hours of that appointment.

6.3 – During the terms of the contract the company may contact you and recommend a revision/reduction in the asking price in accordance with the market conditions.

6.4 – The company will market the property by advertising on its own website and on such other internet property portals and mobile platforms as the company in its absolute discretion believes is appropriate.

6.5 – The company will use its best endeavours to ensure that continuous marketing of the property but should not be held liable for any loss of marketing opportunity as a result of their website or any other third party website being inoperative due to any reasons beyond their control, including but not limited to mechanical breakdown, maintenance, hardware and software upgrades, telecommunications issues, connectivity problems or any other factor.

6.6 – Should the property be marketed on a third party internet property portal, the company will be bound by the third party terms and conditions of use and the customer accepts this restriction in usage.

6.7 – The company will contact the customer promptly to arrange viewings and will obtain feedback (where possible) on any viewings that have taken place.

6.8 – The company will notify the customer of any offer receive in relation to the property as soon as reasonably practicable and will provide the customer with any or any relevant information attached to such an offer i.e. whether it is subject to a sale or mortgage etc.

6.9 – Following acceptance of any offer the company will:

  • Continue to market the property unless the customer instructs the company not to do so.
  • Monitor the progress of the sale and provide the customer with updates where appropriate.
  • Assist in the conveyancing process where the company is able to do so.
  • The property will be marketed through the internet only and not through print newspapers, shop fronts or distribution of hard copy property information.

7. Customer Obligations

The customer agrees with the company to provide and/or to allow the following

7.1 – Allow the company access to the property to be sold at times and dates convenient to the company to inspect the premises.

7.2 – To permit the company or such third party appointed by them to take photographs and/or measurements of the property.

7.3 – To notify the company immediately of any material changes which may affect the property description or of any events which may affect the customer’s ability to sell the property and offer a good title to a purchaser.

7.4 – To permit the company to obtain on the customers behalf an Energy Performance Certificate and/or home report if so required.

7.5 – To provide such other information as the company may require to allow it to market the property and to meet its obligations to a purchaser under general law.

7.6 – To check the property information supplied by the company for its accuracy and to notify the company immediately of any inaccuracies and descriptions provided by the company.

7.7 – To ensure that all information provided to the company by the customer is true and accurate.

7.8 – Not to do anything which may manipulate the sale price of the property.

7.9 – Notify the company immediately if the customer receives an offer directly from a buyer to purchase the property.

7.10 – Allow the company to conduct themselves as required by law to fulfil their obligations to any potential purchaser even though there is no contractual relationship between the company and that purchaser.

8. Regulatory Matters

8.1 – We are a member of The Property Ombudsman Service and will comply with a code of practice for Residential Estate Agents.

8.2 – Should you wish to raise a complaint regarding any aspect of our services then a copy of our complaints procedure is available on request.

8.3 – Although we owe a duty of care to you if this conflicts with any of our obligations under law the company will comply with the law.

8.4 – The company will treat all customers, purchasers or potential buyers equally regardless of their race, religious belief, gender, sexuality, age, disability or nationality. We will not agree to be in any plan or arrangement to discriminate against a person or people because of their race, religious belief, gender, sexuality, age, disability or nationality. We cannot follow any instructions to the extent that they conflict with this commitment.

8.5 – Money Laundering Compliance

a) We are required by law to obtain satisfactory evidence of your identity (which can include people who are related to you). This is in order to comply with our obligations in relation to money laundering.

b) To comply with this obligation you must provide evidence of your identity within 7 days of entering into this Agreement. It most cases identification will consist of the following two documents:

  • A copy of your current valid passport or driving licence and:
  • A document that shows your name and your current residential address and is dated no more than 3 months before the date upon which we have asked for the evidence from you.
  • The company may request from you such other evidence of identification as they require to meet their obligations under the law of England and Wales.
  • If you are unable to supply the documents listed in clause 8.5 (b) (i) and (b) (ii) then please contact us to discuss alternative ways in which we can identify you.
  • If we need to carry out checks or searches with any third party in order to identify you properly then we must make a charge of £10. This is an additional charge and is not included within any other Fees you pay us.

9. Disclaimer

9.1 – The company does not approve or endorse any information contained on any third party website as being true and accurate. Further the company accepts no responsibility or liability for the information or content of information displayed on any third party website.

9.2 – The company will do its best to ensure that all information held on our website or elsewhere is correct but such information should be treated only as general information and is to be treated as a guide. The company will take all reasonable steps to ensure the accuracy and completeness of its website however we cannot give any representations, assurances, undertakings or warranties about the accuracy, correctness or fitness for purpose regarding the site or any third party website referred to by it.

9.3 – The contents of the company’s website belong to the company. The customer may take copies for personal use only. The customer is not allowed to copy and distribute its contents in any way without the prior written consent of the company.

10. Credit and Debit Card Payments

10.1 – The company will accept payment by credit and debit card in respect of the company’s fees and any additional fees which are agree with the customer.

10.2 – By using the online payment facilities, you are accepting terms and conditions of the Agreement between yourself and the company. If you do not wish to accept these terms please do not use the online payment facilities on this website.

10.3 – The company does not store your credit or debit card details.

10.4 – Once your payment has been accepted by the company, the application will display a confirmation screen showing the payment details and a unique transaction reference. Please keep a note of the transaction receipt as you may be required to quote this if there are any queries regarding payment.

10.5 – If your payment is refused then please note this is not the company refusing to accept your payment. It is an issue with your own bank/card provider and you must contact them in order to resolve this issue.

10.6 – Should for any reason a refund be due to the customer by the company as a result of cancelation of the Agreement or for any other reason then the company will use its best endeavours to ensure that the refund is made within 28 days of it becoming due. The company gives no guarantee in relation to the timescale.

11. Definitions

The company – Distriktonline which is trading name of Fergueson Chance Ltd

Customer – Seller of the property being marketed by the company subject to this Agreement

Legal completion – Date of transfer of monies for the purchase price of the property from the purchaser to the customer or their legal representative

Offer – Any offer to purchase the property whether at the asking price or otherwise

Property information – Information about the property including description, location, dimensions, photographs and any other information published by the company on the customer’s behalf

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