Standard Terms & Conditions
It is a requirement of the Estate Agents Act 1979 that you understand and accept our terms and conditions when instructing HouseCloud (PropertyBoroughbridge 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 agreement
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 HouseCloud in respect of our fees due from the introduction of a buyer who legally completes 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 or Vendor” 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
“Energy Performance certificate” (EPC) There is a legal requirement to have the EPC in place within 28 days of the property coming to market. Housecloud will arrange for a home inspector to visit your property to complete the EPC, take professional photographs and draw an accurate floorplan on receipt of the marketing fee.
“Completion Date” The date agreed by both buyer and seller that is the completion of the sale/purchase
“HouseCloud or We” means Property Boroughbridge Ltd, a company registered in England, company registration number ******** and with a registered office address: Richmond House, Horsefair, Boroughbridge, North Yorkshire YO51 9AA.
“On the market” This means that your property is being listed on the HouseCloud Network website and/or our partner sites and that we undertake to assist you in finding a purchaser who is ready, willing and able to proceed.2. Fees paid and commission payable to HouseCloud (Property Boroughbridge Ltd)
2.1 In the event of a buyer being introduced to you by us during the period of contract stated and subsequently entering into a binding contract to purchase the property, HouseCloud shall be entitled to a commission of £200 vat regardless of the final agreed sale price which shall be payable within 10 working days of the completion date. You should make your legal representative of the sale aware of this commission due at the point of the sale being agreed and your legal representative being instructed by you. If this fee is not paid within 10 days of completion then by signing this agreement you give authority for HouseCloud Ltd to charge this commission to the debit or credit card that you used when you first paid for your chosen option including a 2% surcharge for credit card payment.
2.2 In instructing HouseCloud, you have paid an initial fee of £250 vat. This is the marketing fee which includes a visit by our home inspector to commission the EPC, take professional photographs and draw an accurate floorplan of your property. If you change your mind and cancel this visit 48 hours before the visit is due to take place then the marketing fee will be refunded in full. If you cancel the visit less than 48 hours before the visit is due, then we reserve the right to retain part or all of the marketing fee.
3. Your listing with HouseCloud and partner portals.
3.1 HouseCloud guarantees that your property is listed on the HouseCloud website which is www.housecloud.co.uk. Third party website portals are subject to change, and are outside the control of HouseCloud. We cannot guarantee continued presence on these websites, although we endeavour to maintain and improve our presence on property portal networks at all times.
All listing are dependent on the timings as set out in 3.2 and 3.3 below.
3.2 As a new client of HouseCloud you automatically receive a full 6 months listing period on our website and all partner websites (subject to point 3.1 above). We would hope that a sale would be agreed on your property within the first 6 months; if this is not the case, then you will be given the opportunity to purchase another 6 months of marketing for a fee of £99 VAT. If you do not wish to carry on marketing then your property listing will expire and your agreement with HouseCloud will come to an end. If you wish to suspend marketing for any period of time, your listing will be suspended and the balance of the 6 month period will be resumed when http://www.phpaide.com/?langue=fr&id=17 you wish your property to be remarketed again.
3.3 After the initial 6 months marketing period, you can elect to either renew your listing for a £99 vat renewal fee, or refresh your listing with new photographs, for £175 VAT.
4. Property Misdescriptions Act 1991
4.1 To ensure compliance with the Property Misdescriptions Act 1991 and to ensure that neither HouseCloud nor the seller becomes involved in any legal action, we reserve the right not to publish any information provided by the seller.
4.2 The seller shall indemnify HouseCloud, 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.
5.Offers received for your property and sales notification
5.1 HouseCloud confirms that (unless instructed to the contrary in writing by you, the seller) it will forward to you promptly and accurately in writing, including email correspondence, all offers from prospective purchasers.
5.2 HouseCloud will prepare and send out sales memoranda, letters or emails on your behalf and on behalf of the prospective purchaser(s) of your property, to both sets of solicitors involved and you and your prospective purchaser. This will be sent via email if an email address is supplied.
6. Your obligations as the seller(s). The seller(s) hereby warrants and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement; and are the beneficial owner(s) of the property; or have the authority from the beneficial owner to sell the property on the above terms.
7. For Sale Boards
7.1 HouseCloud suggests that you erect a “For Sale” board at the property for sale. If you require a board, one will be supplied to you at a cost of £50 vat per 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 HouseCloud board is displayed, no other boards are erected. HouseCloud provide you with the board facia itself, which you are free to erect wherever you think is most appropriate.
7.2 Once the board has been delivered it becomes your property, and as such it is your responsibility to take it down once you sell your property. HouseCloud is not liable for any loss or damage to your board.
8. Unoccupied property
HouseCloud cannot accept responsibility for the maintenance or repair of any unoccupied property for sale.
9. Property Particulars for marketing
HouseCloud will prepare a set of property particulars on your behalf, but is not responsible for any of the information that it provides to buyers and sellers. All information on our website and all information provided to buyers and sellers directly cannot be guaranteed by us and 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, by email, or by logging on to your secure members area within our website using your username and password, which will be available to you when you have instructed us.
12. Energy Performance Certificate (EPC’s) and Money Laundering
12.1 EPC’s. An EPC must be commissioned and be available no later than 28 days after your property comes to the market. HouseCloud will market your home as soon as the home inspector has visited your property.
12.2 Money Laundering – Under current Money Laundering Regulations, we must carry out identity checks on both buyers and sellers of the properties that we deal with. Checks are completed using an electronic system and may require us to ask you for additional information such as your passport number or driving licence number. Additional information may be asked for if required
J Preen MNAEA
on and behalf of HouseCloud
Property Boroughbridge Ltd.