(Upfront Front or Split Fee)
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.
1.TERMS
1.1 The easyProperty Platform is a web-based platform operated by Anglo Property 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 sales 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 any other portal that is 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 (the “Portal T&Cs”)
1.5 When we use the words “writing” or “written” in these terms, this includes emails or other electronic notification via the easyProperty Platform.
1.7 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 Anglo Property Limited and your use of the easyProperty Platform.
- DURATION OF THESE TERMS
The Terms shall commence when easyProperty email you to accept your Order, and shall continue (unless terminated earlier in accordance with these Terms) until you have sold your property and for a period of two (2) months after such date, during which period the property will continue to be shown on the easyProperty Platform as “Sold” (the “ Term”).
- SERVICES PROVIDED BY EASYPROPERTY
3.1 Commencement of the provision of the Sales Services is subject to:
3.1.1 acceptance of your Order in accordance with the easyProperty Terms of Business; and
3.1.2 the payment in full and cleared funds of the correct fees in relation to the Upfront Fee, Split Fee or any selected Extras (each as defined below) that you select as part of your Order.
3.2 easyProperty will supply the Sales Services purchased as part of either fee option, and any extras (as applicable) to you for the duration of the Term
- Payment of Fees
- Upfront Fees: these are paid in full via the easyproperty platform and no marketing activity will begin until cleared funds have been received.
- Split Fees: the initial payment must be paid in full via the easyproperty platform and no marketing activity will begin until the cleared funds have been received. The second and final payment will become due on the following event:
On exchange of contracts and are payable on the contractual completion date. By this Agreement the Seller’s 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
- READY, WILLING AND ABLE BUYER
A buyer is a “ready, willing and able” buyer if he is prepared 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 and terms agreed and a Memorandum of Sale issued and this must be paid even if you subsequently withdraw and unconditional contracts for sale are not exchanged irrespective of your reasons.
- ACTIVITY
6.1 We will arrange for an appropriate professional to contact you to arrange a mutually suitable time to carry out the Sales Services purchased as part of the fee option chosen or any selected Extras.
6.2 As part of your Order a ‘For Sale’ board will be erected at your property (a “Board”). The Board will be erected by a suitable third party supplier as soon as reasonably possible and in any event within 10 days after the day on which your Order is accepted.
6.3 easyProperty does not give any guarantee that any of the Sales Services you may purchase will have any particular result or outcome, for example, that surveys will give a positive report or that the placing of advertising will lead to any responses from purchasers and/or other third parties.
6.4 If easyProperty’s supply of the Sales Services is delayed by an event outside its control then you will be contacted as soon as possible via the easyProperty Platform to let you know and to inform you of the steps to be taken to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact us via the easyProperty Platform to end the contract and receive a refund for the Sales Services (if any) you have paid for but not received.
6.5 easyProperty needs certain information about your property so the Sales Services can be supplied to you. 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:
6.6 to disclose any information of which you are aware in relation to the property, in a clear and within a reasonable timeframe.
6.7 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; and
6.8 to provide an Energy Performance Certificate (“ EPC”) which easyProperty can arrange for you. Marketing of your property until one has been ordered. Failure to provide an EPC could result in a fine of up to £200.
- You acknowledge, accept and agree:
7.1 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. Where the property is owned by two or more persons then the person(s) who has signed this agreement warrant that they do so on behalf of both/all owners with their consent.
7.2 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.
7.3 easyProperty may contact you via the easyProperty Platform from time to time to request more information. If you do not provide this information within a reasonable time of being asked for it, or if you provide incomplete or incorrect information, easyProperty will not be responsible for supplying the Sales Services late or not supplying any part of them if this is caused by you not providing the information needed within a reasonable time of it being requested.
7.4 You acknowledge, accept and agree changes may be made to the Sales Services by easyProperty in accordance with our Terms of Business
- PAYMENT FOR THE SALES SERVICES
8.1 Payment for the fee options and any extras is made to Anglo Property Limited. Please refer to our Terms of Business for the terms governing our right to make changes, to the Extras and the charges.
- TERMINATION AND CANCELLATION OF THE SALES SERVICES
9.1 The supply of Sales Services to you may be suspended and/or terminated by easyProperty in accordance with our Terms of Business.
- easyProperty’s LIABILITY TO YOU
10.1 easyProperty is a member of the Property Redress Scheme. 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.
10.2 easyProperty gives no guarantee that any Sales Services you may purchase via the easyProperty Platform will have any particular result or outcome, for example, that the placing of advertising will lead to any responses or that the provision of the Sales Services will mean your property will be sold.
10.3 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 the 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.
- DATA PROTECTION
11.1 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/let of your property. A copy of our Privacy Policy is available on our website.
- COMPLAINTS
12.1 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.
- GENERAL
13.1 These Terms (and the documents referred to herein) constitute the entire agreement between you and your Estate Agent and replace all previous agreements, promises, assurances, warranties, representations and understandings (whether written or oral, express or implied) relating to the matters contained or referred to in these Terms. Each party acknowledges that in entering into these Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not expressly set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms. Nothing in this paragraph shall limit or exclude any liability for fraud.
13.2 You may not assign, transfer or sub-contract any of your rights under the Terms without the prior written consent of Anglo Property Limited. easyProperty may assign, transfer or sub-contract all or any of its rights at any time.
13.3 Where these Terms confer a right on easyProperty, it shall have the right to enforce such a right. No other person (apart from Anglo Property Limited) who is not a party to the Terms shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.
13.4 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, except as set out in clause 1.3, constitute either party the agent of the other party, or authorise you to bind us or make any promises on our behalf. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
13.5 If easyProperty do not insist immediately you do anything you are required to do under these Terms, or if they delay in taking steps against you in respect of your breaking these Terms, this will not mean you do not have to do those things and it will not prevent easyProperty taking steps against you at a later date.
13.6 Each of the clauses and sub-clauses of these Terms operates separately. If any court or relevant authority decides any of them are unlawful, the remaining clauses and sub-clauses will remain in full force and effect.
13.7 These terms are governed by English law and you can bring legal proceedings in respect of the Sales Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Sales Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Sales Services in either the Northern Irish or the English courts.
13.8 Alternative dispute resolution is a process where an independent body, such as The Property Redress Scheme considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how your easyProperty have handled any complaint, you may want to contact the relevant independent body. You can submit a complaint via their website at www.theprs.co.uk. The scheme will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
- 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: 10 September 2022
V517012022
