Welcome to Sold.co.uk, we are an online estate agency.
The term ‘Sold.co.uk’ or ‘our’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Sold Estate Agency Services Ltd, 10 Queen Street Place, London, United Kingdom, EC4R 1AG. The term ‘you’ refers to the user or viewer of our website.
By accessing or using this website you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time. These terms and conditions and your use of our website is governed by English law and you submit to the non-exclusive jurisdiction of the English court.
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 on 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 as 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”: Sold Estate Agency Services Ltd; a company registered in England. Company registration number 09650244.
“On the market”: Your property is being listed on the Sold.co.uk website and/or our partner sites.
“EPC”: 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 Sold.co.uk reserves the right to make any 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 any 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 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 Rightmove Premium: If you are intending on ordering or have ordered the Rightmove Premium feature, then it’s important to understand that this is a one-time activation that lasts for six months, on a continued marketing basis. What this means is that if, for example, you choose to de-list your property after two months of activation, then your Rightmove premium listing will instantly come to an end – and you will not be able to reactivate it. 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 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. This includes, without limitation, any information, articles, photographs, images or submissions made available to you using the Services and the website; and removing, modifying, altering or using any registered or unregistered marks/logos/designs 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 (EPC) is a legal requirement in England and Wales and must be in place and displayed with the ad listing within seven days of the ad being published.
7 Fee / Commission / Terms
7.1 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.
7.2 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.
7.3 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 agent’s 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 seven 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 agent’s visit due to you not wishing to continue your marketing, the allocated cost for our agent’s 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. These Regulations may require Sold 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 cannot accept any responsibility for any damage or loss as the result of the ‘For Sale’ board. The ‘For Sale’ board 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 occupations, it should indicate the part of the building to which it relates.
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 arise wholly or partially out of the act or default of the seller.
13 Refund Policy
13.1 We undertake due diligence on all the deals that we sell to ensure authenticity of the information provided. It is possible on occasion for some information to differ from what is stated and acknowledge that all information is provided as approximate guidelines. Accordingly, market value is established using real data but should be used as a guideline. Yield is calculated as a percentage expression of annual rental income compared to asking price. Annual rental income may be determined using real or estimated (based on local comparables) rental figures.
13.2 We do not accept liability for surveys/ valuations failing to reach indicated market value guidelines. Nor will we refund any survey costs or legal fees or other associated fees if the property transaction becomes aborted for any reason.
14 Additional Terms & Conditions
14.1 The estimated ‘Open Market Value’ (OMV) of the property is based on our research of past sold prices achieved, estimated current prices being achieved for properties of similar type, location and condition. Please remember it is an estimate and is in no way an indication of what a Chartered Surveyor would value the property for. We advise any prospective purchaser to make their own enquiries to establish whether our estimated value is reasonable before proceeding.
14.2 If the property is vacant then the rental income is estimated and is based on our own research in to the local housing allowance rates (LHA) and market rent, again we strongly advise you to carry out your own due diligence.
14.3 The discount is stated as the discount available relative to the estimated ‘Open Market Value’ (OMV) we have given the property.
14.4 The yield is stated as the annual rent divided by the Net Price.
14.5 Every effort is made to make this property report is as accurate as possible however we cannot be held liable for any losses as a result of any investment decisions made from relying on this report. Due diligence should be exercised at all stages including obtaining a survey from a chartered surveyor, performing local authority searches, visual inspection of the property and full investigation of the title of the property by a solicitor.
14.6 Financial incentives and cash backs must always be reported to your lender and it is important that incentives are disclosed upfront when making an application.