Estate agency terms and conditions


Introduction

This document (referred to as our ‘Service Agreement’) gives you information about the terms upon which we agree to offer and provide you with our Products and Services.

We encourage you to print off a copy of this document and refer to it as you use our Products and Services.

If it is necessary to change the Services 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 Products and Services.


What do words and phrases mean in these terms?

‘Account’ means your Account that we operate and you control within the Online Platform. For the avoidance of doubt, this includes the area where you instruct The Move Market and manage the process of a sale (including all marketing services).

‘Advertisement Period’ is the length of time that we will market your property for.

‘Advert’ means how your property is to be displayed in advertising and marketing which may include (subject to the nature of the Products and Services) photographs, descriptions, key features and floor plans.

‘Advertised Rates’ means the charges for the Products and Services as advertised by The Move Market from time to time.

‘Viewing Agent’ means the person who assists with showing potential buyers around your property.

‘Claim’ means a claim in writing by the Customer to The Move Market emailed to accounts@themovemarket.com making a request for a Refund and confirming that they have complied in full with these terms and conditions entitling them to make a claim.

‘Completion’ means the formal legal completion of the sale of your property.

‘Content’ means all of the content, documents, information and matters on or in your Account or contained within the Website and/or Online Platform, whether through the Website and/or Online Platform or uploaded manually.

‘Conveyancing Services’ means any firm or firms who are part of a panel of Solicitors or Licensed Conveyancers introduced by us to you.

‘Excluded Costs’ means the full cost of any other additional product or service (over and above the core marketing fee) of any kind such as Energy Performance Certificates and premium displays.

‘Instruct’ means taking advantage of the Products and Services having paid the Advertised Rates.

‘Property’ means the property that you want to sell.

‘Property Expert’ means the person who helps give you help and advice throughout your Property sale.

‘Interruption’ means any form of interruption to the ability of The Move Market to provide or operate the Online Platform, the Systems or Products and Services.

‘Valuation’ means the price that your appointed Property Expert advised you to market your property for.

‘Merchant Provider’ means the provider of the facility to safely and securely store personal information and any credit or debit card details taken from you.

‘On the Market’ means that your property is being advertised as for sale.

‘Online Platform’ means the Systems provided to you in accordance with this agreement to manage the Products and Services.

‘Pay As You Go’ means when you Instruct The Move Market you will be subscribing to a monthly marketing package that has no minimum contract length.

‘Privacy Policy’ means the Privacy Policy as amended from time to time and published on the Website and Online Platform.

‘Product Service Fee’ means the fees payable by you for the Products and Services.

‘Products and Services’ means all and each of the products and/or services offered from time to time by The Move Market within the Website and Online Platform.

‘Refund’ means The Move Market refunding to the Customer the Product Service Fee in accordance with these terms and conditions after deducting any non-refundable charges.

‘Systems’ means the Website and Complimentary or subscribed (following a payment) access to the Online Platform.

‘In Writing’ means we will send you either a letter, an email, a text message or some other digital communication.

‘User Agreement’ means the terms and conditions for using the Website and Online Platform and published from time to time on the Website.

‘Website’ means https://themovemarket.com, including all systems, Software and processes hosted therein.

‘The Move Market’ is a trading name of Property Platform Solutions Ltd. Where appropriate, references to The Move Market will be taken to include a reference to Property Platform Solutions Ltd. for the purposes of giving effect to these terms and conditions.


Instructing The Move Market

Full details of the Products and Services and what is included and the price of each is detailed on the Website.


All owners of the Property

When you Instruct The Move Market 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. Further, you confirm that you have all relevant authorities and authorisations as are necessary or required to enable you to take advantage of the Products and Services. It is a condition of your acceptance that you do so on behalf of all legal owners of the Property.


Paying us

We will only charge you the Advertised Rates for the Products and Services. The Advertised Rates are fixed.

PAYMENT TERMS


Payment details

When you take advantage of any of our Products and Services we may take certain information from you such as the name on the payment card, card number, start date, expiry date, security code and/or issue number. This information will be used to take the agreed payment and will not be stored on our Systems. This information will be stored by the card merchant and only if you take advantage of Products and Services in the future will you get the choice to use the same card and we will then call for the information from the card merchant.

If you believe you have been billed in error notify us immediately by emailing accounts@themovemarket.com.

If you’ve bought a Pay As You Go service, we will provide the products and/or services up until your subscription expires. Your subscription will start when you Instruct us and will continue until it expires. You can notify us to cancel your subscription by phoning 0203 416 3610 or emailing accounts@themovemarket.com.

We recommend you continue subscribing up until Completion to ensure your Property is sold successfully, remember the last few weeks of the sale is when all the details are finalised (like agreeing your move date) and quite a lot of work goes into chasing people and ensuring everything is completed in a timely manner.


Cancellations and refunds

Once you have ordered Products and Services you will be liable to pay the total Product Service Fee.

Should you wish to cancel or withdraw any Products and Services you may do so at any time. However, under no circumstances will any full or part credit be made in respect of the Advertised Rates. You can withdraw your advert at any time by calling us on 0203 416 3610.

You may be entitled to a 14 day cooling off period from the moment you Instruct The Move Market, ending either, upon you approving your advert to go live, or at the end of 14 days, whichever is sooner. At this point it will be deemed that we have provided the marketing service and you will no longer be entitled to a refund of the Product Service Fee or any part of it.

Should you cancel any Products and Services under the 14 day cooling off period, if a photographer has been booked in, we will refund you your Product Service Fee minus a photographer’s fee of £125.

You remain liable to pay the Product Service Fee should you cancel or withdraw your advert or any Products and Services. Further Advertised Rates may be payable to reinstate any removed or suspended Products and Services.

We can only offer a refund on the following optional extras (Excluded Costs), under the following conditions:

If any refund is due, we will deduct an additional administrative charge to cover our time and payment card fees that we incur. This additional administrative charge is £25 and applies to each separate refund requested.

We reserve the right to cancel and refund any Product or Service for any reason. One reason we might need to do this could be if your Property is very remote and/or isolated and we aren’t able to provide a satisfactory level of service.


Approving your advert

Should you take advantage of Products and Services where the Property Expert creates your Advert for approval, you will be notified as soon as the Advert is available for approval. We always aim to do this as soon as reasonably practicable.

You are responsible whatever the nature of the Products and Services you use to ensure that all descriptions, photographs, floor plans and information uploaded and/or used in any advertising and marketing are accurate, current and are in no way misleading. If any of the information you provide or approve is or is found to be in breach of these terms, it may be removed immediately and you will be subject to the terms and indemnities contained in the User Agreement and this Agreement. However, there will be no full or part credit in respect of Advertised Rates under these circumstances.


Photographs

We reserve the right to refuse to allow any image to be uploaded, made live or presented on any marketing or property portal that we consider in our absolute discretion to be inappropriate, inaccurate, misleading or likely to cause distress or embarrassment to anyone viewing the image.


Energy Performance Certificate (‘EPC’)

We will arrange for an EPC to be created, if purchased. It is a legal requirement for you to have commissioned an EPC before we are able to start the marketing of your property. It is your responsibility to ensure that you have a valid and up to date EPC in place before your Advert goes live.


Home Report (Scotland only)

Vendors selling property in Scotland acknowledge that it is a legal requirement to provide a Home Report, this is the vendor’s responsibility.


Advertising and Marketing

We will advertise and market your property for the Advertisement Period on such property portals, websites or publications 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 absolute discretion. Our estate agency services are provided in partnership with eSale (UK) Ltd and adverts will generally appear with eSale’s logo and branding alongside your property details. eSale (UK) Ltd. is a member of the Property Redress Scheme (PRS) and subscribe to their code of practice.


For Sale Boards

For the avoidance of doubt, we will not erect a ‘For Sale’ board unless you ask us to do so and pay the Advertised Rates in force from time to time and published in the Online Platform.

If you choose to have a ‘For Sale’ board, it is your responsibility to ensure it is safe and secure. Our ‘For Sale’ boards are supplied by our estate agency partner eSale, and will be branded under their logo. The board will be erected and serviced by a third party.


Viewings

When a viewing is booked we will provide you with the name of the person(s) who wish to view together with the date and time.

If The Move Market is conducting the viewings on your behalf, you will still be notified of the above information.

If you take advantage of the viewings service offered by The Move Market, we will conduct your viewings as advertised from time to time. Under these circumstances, it is still your responsibility to ensure that the property is ready and prepared for the viewing, is in a safe condition and that the Viewing Agent has access to the property at the date and time of the viewing.

In the event you have purchased a Product or Service that includes “unlimited viewings” and we have conducted a large number of viewings on your behalf and you have received regular feedback to suggest that the price of the property is too high, we will want to conduct a marketing review call to discuss the best way forward. We reserve the right to withdraw the unlimited viewings service at any time but only where we consider that it is unreasonable to expect The Move Market to continue to accompany viewings taking into account the number of viewings and the feedback received. However, there will be no full or part credit in respect of Advertised Rates under these circumstances.


Keys

If you take advantage of the viewings service offered by The Move Market you shall supply The Move Market with one set of keys for all lockable doors, cupboards and areas that form part of the property. The Move Market takes no responsibility for damage or theft to the Property.


Empty properties

If your property is empty, you shall ensure that you conduct regular security and condition checks from time to time. The Move Market and its estate agency partner shall not be responsible for doing so. The Move Market takes no responsibility for damage or theft to the Property.


Feedback

We will request feedback from every person who has viewed or was due to view your property.


Offers

All offers will be put forward In Writing.

We will make such reasonable checks as are possible to ensure the offer made meets our criteria for a sale to proceed.

You will get a choice whether to accept the offer, reject the offer, reject and negotiate or, you can opt for The Move Market to negotiate everything on your behalf (where you are selling your property).

Our estate agency services are provided in partnership with eSale - an established online estate agent with an excellent reputation.

We will always act on your behalf and negotiate the best possible offer for your property, without any conflict of interest.


Sales

We will provide you as far as reasonably practicable with advice and assistance once a sale is agreed to help you through to Completion.


Provision of personal information

For the effective use of the Products and Services we will be providing certain people with personal information such as your name, address, contact details, viewing availability, agreed sale price and position to proceed. Please read the User Agreement and Privacy Policy for further information, terms, and conditions. It is your responsibility to provide accurate up to date personal information.


Personal interest

We will always inform you as soon as we become aware of anyone making an offer for your property that is in any way connected with The Move Market; whether they are employed, a contractor, family member or providing services to us.

In the event that you are aware of any personal interest from anyone connected with The Move Market you should notify us immediately. We will then make such enquiries as we consider necessary and provide you with a notification In Writing of the nature of the personal interest. You will have the sole discretion to decide whether you wish to deal with the person or persons concerned. We will never knowingly permit any offer to be made or sale agreed with someone connected to The Move Market unless we have provided you with written notice.

Before your Advert is published, The Move Market will ask you whether you are in any way connected with The Move Market; whether you are employed, a contractor, family member or providing services to us. This will be disclosed to all potential purchasers.


Third party companies

We will introduce to you, the buyer or any prospective buyer (where we deem appropriate and/or necessary) third party services (“the services”) such as mortgages, insurance, and conveyancing but only where we reasonably believe that the services being provided are in the best interests of you, the buyer or prospective buyer and further that the third party companies are capable of providing the services required.

We may receive commission for introducing you but only when you agree to take advantage of products or services offered by a third party. You may 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.

We will instruct on your behalf third parties to conduct some of the services advertised by The Move Market. 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.


Availability of the Products

Whilst we will make all reasonable efforts to ensure that the Products and Services are available at all times, The Move Market does not guarantee, represent or warrant that your access to any of the Products will be uninterrupted or error-free.

We will always make all reasonable efforts to ensure that all Content submitted by you to us will be secure. We cannot guarantee that the Online Platform, Products and Services, the Systems or the Website will be free from loss, corruption, attack, viruses, ‘worms’, ‘trojan horses’ or other harmful components, or from interference, hacking or other security intrusions. You should be sure to back up your own system periodically to ensure that all Content available to you and located within your Account, is available to you in the event of any loss or damage as The Move Market reserves the right to remove or suspend all or any part of the Content, at any time in accordance with these terms.

Please read the User Agreement and Privacy Policy for further information.