TERMS OF BUSINESS
(No Sale No Fee Option)
IMPORTANT: BEFORE YOU ACCEPT THESE TERMS PLEASE ENSURE YOU HAVE READ AND UNDERSTOOD EASYPROPERTY’S TERMS OF BUSINESS, OUR WEBSITE TERMS OF USE, PRIVACY POLICY, COOKIE POLICY AND ACCESSIBILITY POLICY WHICH GOVERN YOUR USE OF THE EASYPROPERTY PLATFORM. THE EASYPROPERTY TERMS OF BUSINESS CONTAIN IMPORTANT INFORMATION ABOUT YOUR ORDER.
TERMS
1.1 The easyProperty Platform is a web-based platform operated by Evolve Partnership Limited, trading as ‘easyProperty’, which provides you with access to and an opportunity to purchase property-related services via the website at the domain easyproperty.com (the “easyProperty Platform”). These Terms of Sale (the “Terms”) apply to the goods and services you purchase via the easyProperty Platform which are provided by easyProperty via a network of approved franchisees.
1.2 By placing an order for a fee option or extras available through the easyProperty Platform (an “ Order”) you confirm your consent and agree to these Terms. If there is any part of the Terms which you do not agree with then we will have to ask you not to proceed with your Order.
BY AGREEING TO THESE TERMS, YOU ARE ENTERING INTO A BINDING CONTRACT WITH EASYPROPERTY IN RESPECT OF THE SALES SERVICES
1.3 easyProperty have authority to act on your behalf including:
1.3.1 binding you to a contract for the Sales Services provided on the terms set out here;
1.3.2 taking payment for the selected extra services;
1.3.3 process discounts and refunds if and when required to do so;
1.3.4 varying your contract; and/or
1.3.5 ending your contract,
All in accordance with the easyProperty Terms of Business.
1.4 When you purchase Sales Services, we will arrange for your property to be listed for sale on third party websites including Rightmove & Zoopla or other portals that we feel appropriate for the marketing of your property. (the “ Portals”). By placing an Order through the easyProperty Platform you confirm your consent and agree to the terms and conditions of these Portals.
1.5 When we use the words “writing” or “written” in these terms, this includes emails or other electronic notification via the easyProperty Platform.
1.6 These Terms are subject to the easyProperty Terms of Business, the Website Terms of Use, the Privacy Policy, the Cookie Policy and the Accessibility Policy which govern your relationship with Evolve Partnership Limited and your use of the easyProperty Platform.
SOLE AGENCY
This is a Sole Agency Agreement. This means that you will not instruct any other Agents to sell the property during the term of this Agreement. You will be liable to pay commission to easyproperty, in addition to any other costs and charges agreed, if at any time (whether during or after any sole agency period) unconditional contracts for the sale of the property are exchanged: with a buyer introduced by us during the period of our sole agency, or with whom we had negotiations about the property during that period, or with a buyer introduced by another agent during that period.
The agreed Agency fee shall be:
1% of the agreed sale price of your property including VAT subject to a minimum fee of £1500.00 including Vat.
LENGTH OF THE AGREEMENT
The Agency will continue from the date of this Agreement for a minimum period of 4 weeks and will continue after that period unless terminated by either party giving fourteen days written notice. You may not instruct other Agents to sell the property during the sole agency period. Where you accept an offer from a buyer (subject to contract) the passage of the agency term is suspended and it recommences only if that proposed sale falls trough.
Note: In the event that you do terminate the sole agency agreement it will automatically become a multiple agency agreement on exactly the same terms.
PAYMENT OF FEES
The obligation to pay the fees arises on exchange of contracts and are payable on the contractual completion date. By this Agreement your solicitors / conveyancers are authorised to pay easyProperty commission account from the proceeds of sale of the property referred to in this Agreement. Payment shall be made in full on completion failing which interest shall be chargeable on the full amount (inclusive of VAT) at a rate of 1% per calendar month or part thereof if the fees remain unpaid for more than seven days after the contractual completion date.
DOUBLE COMMISSION WARNING:
You may be liable to pay agency fees to more than one agent if:
- You have previously instructed another agent to sell the same property on a sole agency, joint sole agency, multiple agency or a sole selling rights basis; or
- You instruct another agent during or after the period of the Agent’s sole agency or joint sole agency period.
READY, WILLING AND ABLE BUYER
A buyer is a “ready, willing and able” buyer if he is prepared to and is able to exchange unconditional contracts for the purchase of your property. You will be liable to pay commission to easyProperty, in addition to any other costs or charges agreed, if such a buyer is introduced by easyProperty in accordance with your instructions, terms are agreed and a Memorandum of Sale issued. Our fees are payable even if you subsequently withdraw and unconditional contracts for the sale are not exchanged irrespective of your reasons.
FOR SALE BOARDS
It is easyProperty’s normal policy to erect a FOR SALE board, unless you request otherwise and provided the property is not situated in an area where boards are prohibited under planning regulations. Under the Town & Country Planning Regulations only one board per property is permitted and once an easyProperty board is in position you must ensure that no other boards are displayed.
REPAIR AND MAINTENANCE
easyProperty have no responsibility for the repair and maintenance of your property. You must ensure that all locks at the property are in good working order. You must let us know immediately if the condition of your property or any contents is such that a risk of personal injury may arise to persons visiting the property.
ENTITLEMENT TO SELL
You warrant to easyProperty that you are entitled to sell your property without the consent of any third party and you have authority to enter into this Agreement and any sale contract. If you have already had any expression of interest in the property received direct from any potential buyer, you must notify us immediately in writing. Where the property is owned by two or more persons then all owners should sign this agreement but if it is not signed by both/all owners then the person(s) who has signed this agreement warrant that they do so on behalf of both/all owners with their consent.
OFFERS
easyProperty will report in writing all offers received unless they are specifically instructed to the contrary in writing by you. When a sale is agreed a Memorandum of Sale will be sent to all parties and their respective solicitors / conveyancers confirming details of the sale. Where you have given us a correspondence address different from that of the property then, unless you notify us to the contrary, this address will be disclosed to all parties and their solicitors / conveyancers for use on the contract documentation.
ENERGY PERFORMANCE CERTIFICATES
To enable us to immediately commence marketing your property you must order an Energy Performance Certificate(EPC). If you wish, we can arrange this on your behalf. Failure to provide an EPC could result in a fine of up to £200.00.
FEES AND EXPENSES
easyProperty’s sale commission shall be calculated on the eventual sale price, including any contents. Fees cover all charges including advertising and promotional costs other than any special expenditure, details of which will be confirmed in writing before you incur any liability in respect of the same. In the event of part exchange / swap of the property between seller and buyer, the fees will be charged in accordance with the agreed percentage Agency fee using the agreed sale price referred to in the Memorandum of Sale.
MARKETING INFORMATION
easyProperty needs certain information about your property. When you list your property on the easyProperty Platform you will be asked to provide such information via a property information questionnaire. easyProperty is a member of The Property Redress Scheme (PRS) and follows their relevant Code of Practice. It is however, your (the homeowner) sole responsibility to comply with all relevant legislation applying to the sale of your property to a prospective purchaser including under the Consumer Protection from Unfair Regulations 2008 and any other applicable law. You are required:
- to disclose any information of which you are aware in relation to the property, in a clear and within a reasonable timescale.
- to take all reasonable steps to ensure all statements you make about the property and all information (including any photographs or plans of the property) given to a purchaser or its representatives including via the easyProperty Platform is up to date, complete, accurate and not false or misleading.
DISCLOSURE OF PERSONAL INTEREST
You are required to inform easyProperty of any interest in which you or your relatives may have in easyProperty or an associated company, as any such relationship must be disclosed in accordance with Section 21 of the Estate Agents Act 1979.
MONEY LAUNDERING REGULATIONS
Under the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (MLR 2019) and the Criminal Finances Act 2017 the Agent is legally obliged to undertake Customer Due Diligence. This will require you to produce to the easyProperty satisfactory evidence of the identity and current residential address of all beneficial owners. easyProperty is also required by the same law to undertake Customer Due Diligence in respect of prospective buyers before an offer on your property can be accepted.
DATA PROTECTION
We confirm that we are registered with the Information Commissioner’s Office under the Data Protection Act 1998 and the General Data Protection Regulations(GDPR). We will process all personal information in accordance with the provisions of that legislation. Please note that by entering into this Agreement you are consenting to us sharing details of your name, address, contact details and status with our EPC providers, subagents and other service providers but only for use in relation to the proposed sale of your property. A copy of our Privacy Policy is available on our website.
COMPLAINTS
If you have a complaint relating to the Sales Services purchased via the easyProperty Platform, please send your complaint to the following:
email address: customerservice@easyproperty.com
easyProperty is a member of the Property Redress Scheme.(PRS) You can seek redress against an Estate Agent via this scheme. Please visit The Property Redress Scheme website for further information at www.theprs.co.uk.
YOUR RIGHT TO CANCEL
Under the The Consumer Contracts Regulations 2014 you have a period of 14 days to exercise your statutory right of withdrawal from this Agreement without penalty and without giving any reason. This period begins from the acceptance of this Agreement.
WAIVER
I give permission for marketing to start during the cooling off period. I am aware that if I cancel, I will have to pay your reasonable costs for any services carried out before the date of cancellation.
Last updated April 4th 2022
V417012022
