What these terms cover. These are the terms and conditions on which we agree to offer you as seller or buyer (where relevant) access to our online services. Full details of the services are detailed on the website (“services”).
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
If it is necessary to change this Sales Agreement or add or remove any part at any time, we will post such changes on the website. It is your responsibility to check the website for any changes. You agree to be bound by such changes if you should continue to use the services.
Our Contract with You
Once you have registered with us and paid the fee a contract will come into existence between you and us (subject to you completing the necessary Anti-Money Laundering checks outlined in section 2 below (“AML checks”)). You will then be given access to the website to upload your listing. The listing will not go live until the AML checks have been completed successfully.
No additional services will be ordered from our third party service providers until the AML checks have been passed.
When you instruct the company you confirm that you do so with the knowledge, consent and agreement of each and all of the legal owners and occupiers and those who have an interest in the marketing and/or sale of the property you are listing. Further, you confirm that you have all relevant authorities and authorisations as are necessary or required to enable you to list the property on the website.
The company complies with the Money Laundering Regulations 2017 (the “regulations”). In accordance with the regulations all estate agents are required by law to confirm the identity (“AML checks”) of their customers and each of the owners of the property at the outset of commencing a business relationship with them – for sellers this must take place at the point you instruct the company.
If for any reason we are unable to confirm your identity or the identity of any owner of the property, we reserve the right to withdraw the property for sale, to remove without notice your listing from the website, withdraw or no longer take advantage of the services of any third party property portals, websites or publications. If we are ultimately unable to carry out satisfactory AML checks then we reserve the right to immediately terminate the contract and any fees paid will be returned to you (less any administration fees associated with these AML checks and / or any other services carried out).
It is your responsibility as the seller to make the company aware of any existing estate agents’ or any other third parties’ contractual obligations that you may be subject to. Sellers who are subject to existing ‘sole agency’ or ‘sole selling rights’ contracts are required to change the contract to a joint or multiple agency agreement or give notice according to the terms of the existing contract if you wish to market your property with the company. Sellers who do not disclose any other existing contractual obligations may be required to also pay fees to another firm as well as those payable to the company.
Subject to completion of the AML checks, we will advertise and market your property on such property portals, websites or publications, such as Rightmove, as we consider to be the most effective at securing interest on your property from potential purchasers in our absolute discretion. We may withdraw or no longer take advantage of the services of such property portals, websites or publications at our discretion.
Duration. The duration of marketing for all sales packages is (i) six months from the date your listing is approved and goes live on the website and any third-party portals (“6-month listing period”) or (ii) until a sale is agreed ‘subject to contract’, whichever occurs the soonest.
For the purposes of these conditions, “sold” is considered to be at the time you accept an offer on your property, subject to contract.
You have a right to continue to advertise the property until exchange.
You are permitted to pause your listing at any time within the 6-month listing period for up to a maximum of 4 weeks from the date you notify us. Please note, if you pause the listing then the 6-month listing period will not be extended. To pause your listing, you must contact the office and confirm in writing by email. If the listing is paused for a month or longer, you must pay a £49 administration fee each time you wish to reactivate the listing.
At the end of the 6-month listing period, your listing will be withdrawn from the website and any third-party property portals.
Relisting. If the initial 6 month listing period expires you can elect to extend the listing period for a further 6 months (subject to these terms and conditions) in consideration for a further payment of the relisting fee of £99 (“relisting fee”). We reserve the right to take payment of the relisting fee under the continuous payment authority set out in section 9 below.
YOU HEREBY IRREVOCABLY AUTHORISE US TO TAKE PAYMENT BY WAY OF THE CONTINUOUS PAYMENT AUTHORITY IN SATISFACTION OF ANY RELISTING CHARGE.
Property Information. The Company must by law comply with the Consumer Protection from Unfair Trading Regulations 2008 (“CPR”). These regulations require us to disclose any information of which we are aware or should be aware of in relation to the property in a clear, intelligible and timely fashion and to take all reasonable steps that all statements that we make about a property, whether oral, pictorial or written, are accurate and not misleading. All material information must be disclosed and there must be no material omissions which may impact on the average consumer’s transactional decision and where information is given to potential buyers or their representatives, it must be accurate and not misleading.
IN THE EVENT THAT YOU DO NOT ELECT TO USE ADDITIONAL SERVICES YOU ARE RESPONSIBLE FOR ENSURING THAT ALL DESCRIPTIONS, PHOTOGRAPHS, FLOOR PLANS PROVIDED BY YOU AND INFORMATION UPLOADED AND/OR USED IN ANY ADVERTISING AND MARKETING ARE ACCURATE, CURRENT AND ARE IN NO WAY MISLEADING.
You agree to take all reasonable steps to provide the company with all relevant information to enable us to comply fully with our obligations under the CPR in respect of the company’s agreement with you.
You should advise the company of any inaccuracies in the listing at the earliest opportunity. Any material changes that you wish to make post instruction must be notified to the company for approval via My Account (subject to verification).
We reserve the right to withdraw or no longer take advantage of the services of such property portals, websites or publications without notice where we consider in our absolute discretion any content to be inappropriate, inaccurate, misleading or likely to cause distress or embarrassment to anyone viewing the images. We also have the right to withdraw your listing where any third-party claims that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all ownership rights in your content, by using the service you have agreed to grant us a limited licence to use for promotional purposes or otherwise, store and copy that content and to distribute and make it available to third parties.
Energy Performance Certificates. Under UK law if you are selling a property it must have a valid energy performance certificate (“EPC”). The company will not market properties which do not have a valid EPC. If the EPC is not obtained you will be in breach of the Regulations and may be penalised.
Offers. If you receive or accept any offers directly from a buyer you must notify the company in writing or by email as soon as reasonably practicable. For the purpose of this section, the property will be deemed to be “sold” on your acceptance of an offer from a buyer (as defined above).
Sales Packages. The “sales package” means all and each of the products and/or services offered from time to time by the company, details of which are further set out in the sales area of the website.
The advertised rate for each sales package is fixed and inclusive of VAT. It does not include any additional extras you choose. The advertised rate is payable at the time of choosing the product and instructing the company, subject to you agreeing to use the conveyancing services provided by our preferred conveyancing partner (“conveyancing partner”).
Charges. In addition to the fees payable in respect of any ordered services, the company reserves the right to charge additional fees (“charges”) in the following circumstances:
- If you request additional services beyond the scope of the services;
- If you request the property is listed beyond the listing period;
- Cancellation charges may be payable where you have ordered additional services and you cancel any scheduled visits to your property before the appointment is due to commence or if the appointment is delayed or obstructed for any reason;
- Anti-money laundering admin fees in the amount of £25 for each failed AML check;
- A reactivation fee of £49 to reactivate any listing paused for longer than 4 weeks during the 6-month listing period;
- Any administration charges or costs of recovery in the event the continuous payment authority is cancelled, as set out in section 9.
YOU HEREBY IRREVOCABLY AUTHORISE US TO TAKE PAYMENT BY WAY OF THE CONTINUOUS PAYMENT AUTHORITY IN SATISFACTION OF ANY FURTHER CHARGE PAYABLE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
You may choose to use the company’s recommended conveyancing services.
If you do wish to use our recommended conveyancing services then we will offer you a refund of £25 for “basic” packages or £50 for “premium”. The refund will be made after completion of sale.
The conveyancing services are provided by our recommended conveyancing service provider and do not fall within the scope of our services.
Our conveyancing partner will contact you directly with their own terms and conditions of service for providing their conveyancing services in relation to the sale of your property. By accepting the conveyancing partner’s terms and conditions, you will be entering into a separate agreement with them which is not connected to your agreement with us. Therefore, please make sure you review the conveyancing partner’s terms and conditions carefully and that you are comfortable with these. If you have any questions about their terms and conditions, you should contact them directly by way of the contact details provided by them.
Third Party Services
The company offers additional services to our customers through our partners which include mortgages, insurance products, conveyancing, photography and other services and products. Where requested, we will instruct on your behalf third parties to conduct some of the services advertised by the company. Whilst we will make all reasonable efforts to ensure that they continue to provide an exceptional service we cannot accept liability for the conduct and service of those third parties acting on your behalf.
IT IS AN EXPRESS CONDITION OF AGREEING TO THE INTERACTIVE VIRTUAL TOUR THAT YOU CONSENT TO DATA BEING TRANSFERRED TO MATTERPORT INC.
If you have chosen a service whereby you instruct one of the third party service providers to visit your property for photography and/or other services and you fail to attend the appointment or you otherwise incur fees, as set out in section 4, we reserve the right to charge you any further charges incurred and take payment pursuant to the continuous payment authority set out in section 9.
YOU HEREBY IRREVOCABLY AUTHORISE US TO TAKE PAYMENT BY WAY OF THE CONTINUOUS PAYMENT AUTHORITY IN SATISFACTION OF ANY THIRD PARTY CHARGES SHOULD SUCH CHARGES BECOME PAYABLE.
We may receive commission for introducing you to such third party providers but only when you agree to take advantage of such products or services. You can decide of your own free will and we will never pressurise or require you to use such products or services. You hereby expressly agree and accept that in the event that we introduce a product or service from a third-party company that we may accept a payment or commission as a result of that introduction.
Your Right to End the Contract
Exercising your right to change your mind. You have a legal right to change your mind within 14 days of entering into your contract with the company and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in the paragraphs below.
How long do I have to change my mind? You have 14 days starting the day after the day you made payment and accepted these terms via the website.
How to end your contract with us. You may exercise this right to cancel by sending an email to sales@MyOnlineEstateAgent.com.
How we will refund you. We will refund you the fees you paid for the services by the method you used for payment. However, we may make deductions from the fees, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind.
By way of example, services performed may include but are not limited to: portal advertising, photography, production of advertising text, and other services performed by the company or its partner suppliers. Any non-cancellable costs incurred by us will not be refunded.
Unless you inform us to the contrary, your purchase of services from us will be taken as a request by you to immediately begin providing such services (subject only to AML checks and the company’s final approval of the listing).
When any refund may be made. We will make any refunds due to you under section 8 as soon as possible. If you are exercising your right to change your mind then your refund (less any deductions) will be made within 14 days of you notifying us.
Any reimbursement will be made to you using the same means of payment as you used for the initial transaction.
Paying for the services. You accept responsibility to pay our fees and any other charges agreed by yourself and us. You are hereby confirming to us that you are the sole or joint legal owner with another party and by agreeing to be bound by these terms and conditions, you are confirming to us that you are agreeing to these terms and conditions on behalf of all owners of the property.
By accepting this agreement you are confirming that you have read and understood this agreement and that:
- You are personally liable for our fees and all agreed cost and charges; and
- Where you have signed on behalf of someone else, you are jointly and severally liable with that person for our fees (and where applicable, any other costs or charges agreed and incurred by us on your behalf).
Continuous Payment Authority. A continuous payment authority is a recurring payment process where you authorise us to take money from your bank account using your debit or credit card when we are owed money and without having to seek express authorisation for every payment.
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AUTHORISE US TO CHARGE ANY SUMS DUE TO US FROM YOUR DEBIT OR CREDIT CARD AND TO TAKE PAYMENTS AS AND WHEN THEY FALL DUE.
You can cancel the continuous payment authority by notifying us in writing as well as your bank or card provider directly. If you cancel your continuous payment authority with us you must contact us to arrange another way to repay to avoid incurring administration charges or our costs of recovery in relation to any outstanding amounts owed.
Credit and Debit Card Payments. Credit and debit card payments are accepted for payment of the company’s property marketing services and additional products as described on the company’s website.
Security. The company’s online payment service provider provides a secure online payments facility, fully managed to Level 1 approval in line with the Payment Card Industry (PCI) requirements. When you click on the link to make a payment you will be re-directed to a fully hosted secure managed environment.
The online payment service is managed externally by a third party Financial Conduct Authority regulated company. The company does not hold any card details on any of its servers or within its infrastructure. The company does not have access to any of your card details on the managed service. The online payments system complies with all of the security requirements of the PCI council. The company will continue to enhance the application to the highest security standards.
Overpayments. Where an overpayment occurs, a refund may be issued following a written request to the company by email. Where the initial payment was made by debit or credit card, a refund will only be applied to the same credit or debit card used for the initial transaction.
Refused Payments. The company cannot accept any liability if your card payment is declined by the card supplier. The company has no control over acceptance of card payments and refusal of payment should be taken up with your card supplier directly. If your payment is refused, the online payment system will indicate this to you on the display screen. It is the card issuing bank that is refusing to authorise the payment and not the company. In the event that this occurs you will need to contact your card company directly to ascertain the reasons for the refusal.
Using Your Information
The company will from time to time need to disclose the name, address, contact details, the proposed purchase address, the purchase price and any conditions of sale in relation to both the seller and the Purchaser to any third party service providers involved in the transaction (for example Conveyancers and/or Financial Advisors).
If you have any questions or complaints about the services, please contact us by email at sales@MyOnlineEstateAgent.com or by posting a letter to the postal address provided on our website.
We are a member of The Property Ombudsman Service and we aim to provide the highest standards of service to all our customers. The TPO is there to protect your interests and we abide by the TPO Code of Practice for Residential Estate Agents. We will disclose any information relating to the sale of the property in the event that the TPO requests it. Their website address is www.tpos.co.uk.
In order to ensure that your interests are safeguarded, we have put into place a complaints procedure which we will follow in dealing with your complaint – our aim is to handle any issues or concerns as quickly as possible. Please contact us directly for a copy of our complaints policy.
These pages set out the terms and conditions which My Online Estate Agent Limited trading as My Online Estate Agent.com, referred to as the “company” hereon in, provides you with access to www.myonlineestateagent.com (the “website”).
If you wish to place a listing on our website, our Sales Agreement or Lettings Agreement will also apply.
Please ensure that you read these terms and conditions carefully before using the services of the website. You agree to be bound to these terms and conditions by using the website and its services. We may amend these terms from time to time. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time.
My Online Estate Agent Limited is registered in England & Wales, company no. 09032238, VAT no.189 1048 85 and whose registered office: Suite 3D MIOC, Styal Road, Manchester, M22 5WB.
If you have any queries please contact Customer Services at: firstname.lastname@example.org
The copyright in this website and its content belong to the company. You may not make a permanent copy of or reproduce this website or any of its contents in any form. You may not reproduce or incorporate this website or any of its contents into any other website. You may only print or cache temporary copies of the content for your own personal non-commercial use.
The company welcomes links to this site from relevant third party websites. However, if requested in writing by the company, links must be removed within 24 hours. My Online Estate Agent and the My Online Estate Agent logo are trademarks registered in the name of the company in the UK and other parts of the world. Reproduction of these trademarks other than in order to view this website is prohibited.
Nothing on this site should be construed as granting any licence or rights to use or distribute any site content without express written agreement.
Fair Use Policy
In order to protect users of our services and the company’s website we reserve the right to remove or edit without notice any listings we deem to be in breach of these terms, and in that event we may deduct the cost of any goods or services provided, along with any of our costs and expenses arising from your breach, from any full or partial refund which might otherwise be due to you in respect of any goods or services for which you have already paid at the date of removal.
Although we don’t expect our fair usage limits to be breached by genuine landlords or sellers, we reserve the right to remove any listings at our absolute sole discretion or make such additional charges as we deem appropriate.
Limitation of Liability
The company cannot guarantee the accuracy of information on the website and reserves the right to change the website content (including these terms and conditions) at any time without notice.
This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us.
The company makes no representations or warranties of any kind either express or implied with respect to the website or the information it contains that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, the company will not be liable for any indirect or consequential loss or damage (including without limitation loss of business, opportunity, data, profits) whether in contract, tort (including negligence) breach of statutory duty or otherwise arising from or in association with your use of or reliance on any content displayed on the website, use of or inability to use the website or any inaccuracies on the website relating to your property or any other claim related in any way to your use of the website.
You expressly agree that your use of, or inability to use, the website is at your sole risk. The website is provided ’as-is’ and ’as-available’ for use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
BY USING THIS WEBSITE YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these terms and conditions and My Online Estate Agent Limited opts to take no action at that point, My Online Estate Agent Limited will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
My Online Estate Agent Limited shall not be responsible for any breach of these terms and conditions caused by circumstances beyond its control.
A person who is not a party to these terms and conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
Our terms and conditions and your use of this website are governed exclusively by and should be read in conjunction with the law of England and Wales. You and the company agree to the exclusive jurisdiction of the courts of England and Wales should any dispute between the parties arise.