SOLD.CO.UK WEBSITE TERMS AND CONDITONS
Your access to and use of http://www.sold.co.uk (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
1.1 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”
“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
“Completion Date” The date agreed by both buyer and seller that is the completion of the sale/purchase
“Commission” The amount payable to Sold.co.uk in respect of our fees due from the introduction of a buyer who legally completed on the purchase of your property
“Sold.co.uk or We” Means EMC Finance Ltd a company registered in England, company registration number, 07155484
“On the market” This means that your property is being listed on the Sold.co.uk website and/or our partner sites.
“EPC” This means Energy Performance Certificate.
2.1 Sold.co.uk reserves the right to change or remove the Website or any part of it without notice and you confirm that Sold.co.uk shall not be liable to you for any such change or removal.
2.2 Changes to these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
3.1 You agree to indemnify and hold Sold.co.uk and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against http://www.sold.co.uk arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
4. Featured Property and Rightmove Premium
4.1 If you are intending on ordering or have ordered the Rightmove premium feature then its important for you to know that this is a one-time activation that lasts for 6 months but only on a continued marketing basis. For example if you choose to de-list your property after 2 months of activation then your Rightmove premium listing will instantly come to an end. Premium listings do sometimes go live a number of days after your listing goes live. If you then re advertise your property you would need to pay for this feature again, we have no control on the way Rightmove operates the premium feature.
4.2 Featured properties. If you order a featured property please allow up to 10 days for your featured property to appear.
5 Intellectual Property Rights
5.1 Sold.co.uk and/or its licensors own all rights in the intellectual property rights relating to the Services and the Website.
5.2 You are prohibited from copying, reproducing, editing, transmitting, uploading or incorporating into any other materials, any of the Service and the Website including without limitation, any information, articles, photographs, images or submissions in ups made available to you using the Services and the Website; and removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Sold.co.uk and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Sold.co.uk or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Sold.co.uk.
6 Your obligations as the Seller(s)
6.1 The Seller(s) hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement;
6.2 The Seller(s) hereby confirms and covenants that he/she/they are the beneficial owner(s) of the property; or have the authority from the beneficial owner to sell the property on the above terms.
6.4 The seller must provide an EPC or order an EPC for their property (and provide proof of their order if not done through us), if they order an EPC and the assessor turns up to carry out the EPC and the seller then advises us they already have an EPC then there will be no refund for their ordered EPC.
6.5 A Home Report is a legal requirement in Scotland and is the responsibility of the selling client to have in place before a property can be advertised for sale.
6.6 An Energy Performance Certificate is a legal requirement in England and Wales and must be in place and displayed with the ad listing within 7 days of the ad being published.
7 Fee / Commission / Terms
7.1 All prices quoted on our website will be subject to VAT.
7.2 Your fee paid is for listing one property per fee.
7.3 Sold.co.uk will be instructed by you upon a multi agency basis for a maximum term of 6 months. After your 6 months marketing period expires (or when your property is sold / exchanged) your property will be taken off all portals. The 6 months marketing period starts on the day Sold.co.uk sets your property live. If you wish to extend your marketing period you can do so by purchasing extra months, the cost of this is £100+vat.
7.4 All add ons as listed on the Sold.co.uk website are listed at the correct price at the time, changes to the prices can take place at any time and you the purchaser are not entitled to any discount if the add ons that they bought are reduced at a later stage.
7.5 We do not operate a one agent policy, If your property is being advertised by another agent, it is your responsibility to ensure you are allowed to advertise with us at the same time. If you advertise with us and you are not allowed to within your other agents terms of contract then we can stop your listing with us within 24 hours, but you will not receive any refund. While you are advertising with more than one agent, you will be subject to our fees and if the other agent sells your property they will be entitled to their fee under their contract.
8 Right to Cancel
8.1 You can cancel at any time within 7 days of contracting with Sold.co.uk, but there will be a minimum cancellation fee of £50 plus VAT to cover our set up costs. Any other costs that Sold.co.uk has incurred will also be charged for but these will not exceed the fee that you have paid. If we have to cancel the agents visit due to you not wishing to continue your marketing, the allocated cost for our agents visit will not be refunded.
9 Identity Checks
9.1 Under the Money Laundering Regulations of 2003 we must carry out identity checks on both buyers and sellers of the properties that we market. Checks are completed using an electronic system and may require us to ask you for additional information such as your passport number or driving license number, which you must agree to provide on request.
10 Energy Performance Certificate (EPCs)
10.1 An EPC must be commissioned prior to marketing your property. Sold.co.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.
11 For Sale Boards
11.1 If you choose the sale board upgrade this will be sent to you and it will be your responsibility to erect it on your property. Sold.co.uk can not accept any responsibility for any damage or loss as the result of the For Sale board. The For Sale Boar will become your property if ordered. 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 Sold.co.uk For Sale board is displayed, no other boards are erected.
11.2 If your board relates to part of a building in multiple occupation, it should indicate the part of the building to which it relates too.
12 Property Misdescriptions Act 1991
12.1 Before we market your property, your property details will be verified before marketing of the property can begin.
12.2 To ensure compliance with the Property Misdescriptions Act 1991 and to ensure that neither Sold.co.uk nor the seller becomes involved in any legal action, the Seller must inform Sold.co.uk immediately of any incorrect information within the sales particulars from the outset or at any point during the marketing or sale.
12.3 Any amendments that you make to your property listing will be fully vetted by Sold.co.uk and if we feel they are not valid they will be changed without notice.
12.4 Sold.co.uk reserve the right not to publish any information provided by the seller in order to comply with the Property Misdescriptions Act 1991.
12.5 The seller shall indemnify Sold.co.uk, 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.