In these Terms and Conditions the following words and phrases shall mean:
"Commission" - The commission or remuneration payable by the seller for the introduction of a buyer provided by Online Agent UK.
"Seller or You" - The seller of a property as set out above.
"Buyer" - The purchaser of a property.
"The Property" - The freehold or leasehold property whose address is set out above.
"Sole Agency" - Where only one estate agent is instructed to market the property.
"Exchange of contracts" - The date at which there is an exchange of binding contracts for the sale of the Property between the Seller and a Buyer.
"Completion" - The point at which all transactions concerning the sale of the property are concluded and legal transfer of ownership passes to the buyer.
"Completion Date" - The date of the completion of the sale of the Property between the Seller and the Buyer.
"Sale Price" - The final agreed selling price of the property.
"Introduced" - Should we directly or indirectly inform a prospective purchaser that The Property was on the market for sale, a consequence of which being they gain a personal interest in it. The term ‘indirectly informed’ specifically includes the internet and For Sale notices. Any sale to a buyer introduced via these forms of advertising is a sale originating from us and we are therefore entitled to fees for the Introduction.
“Online Agent UK” or “Online Agent UK Ltd” or “we” means Online Agent UK Ltd, a registered company trading at 28-30 Union Street, Maidstone, Kent, ME14 1ED
2. Selling Procedures
2.1 We are pleased to provide valuation advice based on the relevant facts known to us including those provided by the seller. No liability is accepted for this advice either to the Seller or to any other party.
2.2 Online Agent UK will carry out a variety of selling procedures aimed at securing interest in the property from potential buyers including advertisements on Rightmove.co.uk and Zoopla together with other property portal sites affiliated to these.
Online Agent UK. Ltd may, from time to time, change its marketing campaigns with these websites; however it is company policy to advertise all properties on the most widely used portal sites wherever possible.
2.3 Online Agent UK shall notify the Seller of all offers to purchase The Property. Unless otherwise advised we will assume that you are the only party to whom offers need to be submitted. Online Agent UK will conduct all offers on a subject to contract basis.
3.0 Terms and Fees
3.1 VAT at the current rate of 20% is payable on all our Fees and Costs.
3.2 Online Agent UK Ltd has the following choice of fee structures and variable sole agency contract periods depending on the fee option chosen:
Price Option 1 - £550 paid upfront
Price Option 2 - £250 paid upfront and £500 on completion
Price Option 3 - £125 paid upfront and £750 on completion
Price Option 4 - 0.5% (Min £800) on completion
Services included in each option package as standard:
• Listed on major websites
• No Time Limit
• Wide Angle Photography
• Measurements and Floor plans
• Property Valuation
• Viewings Arranged and Feedback
• Property description / Write up
• User Login
• Qualified Buyer Match
• Introduction to Mortgage Brokers
• Marketing Advice and Selling Tips
• Legal Service
• You are required to conduct the viewings based on our standard fee structure but viewings, open days etc. can be arranged by arrangement with your dedicated Online Estate Agent.
EPC (Required by Law) - £65 plus vat (We do not attend only arrange EPC)
FOR SALE Board - £30 plus vat
Minimum sole agency period of 12 weeks from the day of instruction unless otherwise agreed with the agency.
The vendor is required to pay 2 fees if the property is on an existing sole agency contract with another agent.
Where a percentage is stated this is calculated as a percentage of the final selling price.
The upfront fees for options 1, 2 and 3 are non-refundable in the event of a property remaining unsold, being withdrawn from the market or being sold by another agent, yourself or by any other means.
If, for any reason, you decide to terminate this contract, any upfront fees paid by you to us, are non-refundable and the seller will be required to pay for any services supplied prior to cancellation.
If you’re currently marketing with an existing estate agent the terms & conditions of their contract must be adhered to.
3.3 Online Agent UK Ltd will continue to market the property until such time that notice is given to cease marketing by the vendor, or that the property is sold. In either event, any upfront fee paid by you is non-refundable.
Online Agent UK reserves the right to cancel this agreement after a minimum of one calendar year of marketing at their sole discretion, with no refund being offered for any upfront fees paid.
3.4 In the event of a buyer being introduced to the property by Online Agent UK and subsequently entering into a binding contract to purchase The Property, Online Agent UK will be liable to a final commission or completion payment as agreed in 3.2.
3.5 The Commission is to be paid within 10 days of the completion date. In the event that the payment is not paid within 10 days of the Completion Date payment at a rate of three times the agreed completion fee will be payable to Online Agent UK. Should all or any part of Online Agent UK’s Commission remain unpaid for more than 10 days after the Completion date, that sum shall bear interest from the due date until payment is settled in full at 2% per annum above the National Westminster Bank Plc base rate and be charged to the Seller and be due and payable to Online Agent UK.
3.6 Any commission due as part of payment relating to 3.2 is to be paid out of the completion monies relating to The Property prior to any other disbursements, save those of the solicitors’ or conveyancers’ fees. Settlement of Online Agent UK’s account shall be made on the Seller’s behalf by the Seller’s Solicitors/Conveyancer and Online Agent UK shall be entitled to seek such settlement from them.
3.7 In default of the payment of the Commission by the Solicitor/Conveyancer to Online Agent UK under clause 3.5, the Seller agrees to pay the Commission to Online Agent UK direct upon the Completion Date.
3.8 If we find it necessary to use solicitors or other parties to recover Fees and or/costs you will be required to pay any reasonable expenses incurred by us in pursuing the debt.
4.0 Termination of contract
4.1 Should you wish to withdraw you property from marketing with us, we require notice of 1 week. You will not be entitled to either full or part refund of any upfront fees paid by you to us.
4.2 Online Agent UK Ltd reserves the right to remove a property from the market after a minimum of one calendar year of marketing with no refund of any upfront fees being payable, at our sole discretion.
5.0 Property Information
5.1 The Seller will endeavour to help verify any of the information requested by us and provide honest and accurate information relating to the property and the sale of the property.
5.2 The Seller shall inform Online Agent UK immediately of any material changes in information which may affect the way Online Agent UK markets the property.
5.3 Online Agent UK.co.uk reserves the right not to publish any information provided by the seller.
6.0 Agency Services
6.1 In order to facilitate the sale, Online Agent UK will offer prospective purchasers our full range of estate agency services which may include the valuation or sale of their present property, property management and mortgage and conveyance services of companies not directly attached to Online Agent UK.
6.2 Third party website portals are subject to change, as they may not be controlled by Online Agent UK Ltd and we do not guarantee a continued presence on these websites. However, it is the policy of Online Agent UK Ltd to advertise on the most widely used property portals wherever possible.
6.3 An Energy Performance Certificate (EPC) is required for all homes whenever built, rented or sold.
Online Agent UK are unable to market your home until we have proof an “EPC” has been ordered. We offer “EPC’s” details of which can be found separately on our website.
Online Agent UK do not store credit card details nor do we share customer details with any 3rd parties.
8.0 Delivery Policy
Delivery of product is confirmed by means of electronic upload or your property details to the advertising portals that Online Agent UK subscribe and advertise with.
There will be no refund of any upfront payments paid to Online Agent UK for services and for marketing of property details through our advertising subscriptions.
Online Agent UK will refund if a service or marketing package has been paid for by mistake and we have not yet progressed with work relating to services and marketing requests. You will be responsible for payment of any services or marketing that have been progressed by Online Agent UK on your behalf as a result of your request.
10.0 Codes of Practice
Property Misdescriptions Act:
The decision by the government to repeal the Property Misdescriptions Act of 1991 and replace it with the Consumer Protection law will provide property buyers extra security when making a purchase. The original act related to estate agents advertising property for sale, and ensured that they couldn’t make any incorrect or misleading statements. This could be anything ranging from incorrectly describing fixtures and fittings or even structural issues.
The official government website says the following:
“Where a false or misleading statement about a prescribed matter is made in the course of an estate agency business or a property development business, otherwise than in providing conveyancing services, the person by whom the business is carried on shall be guilty of an offence under this section.”
Consumer protection laws:
From the 1st October 2013 the law has been repealed, so that it now offers even greater protection to the buyer. As well as not misleading buyers with factually incorrect information, estate agents now have to take care to ensure that they don’t omit information that is clearly important, or that would affect the value or sale of the property.
What it means in real terms is that when buying a property, you can feel safe in the knowledge that your agent is giving you a complete picture of all of the relevant information that you need.
Online Agent UK will not instruct other agencies to assist the sale of your property unless agreed with you, the vendor, in advance.
11.0 Sole Agency Contract / Cancelation Policy
Online Agent UK offer a 12 week sole agency contract duration from point of instruction to which if a sale is agreed at any point in this 12 week period, the sole agency contracted period will freeze and then reactivate if/when the property is put back on the market as "for sale".
The client has a right to cancel a sales agreement contract within 14 days of signing. This notice of cancelation must be submitted to Online Agent UK, in writing. Should Online Agent UK incur costs throughout this period, the client will be deemed liable for costs associated for marketing that has already been completed by the agency/agent (including by not exhaustive of advertising with portals, photography, EPC, travel costs).
These Terms and Conditions are governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English courts.
It is a requirement of the Estate Agents Act 1979 that you understand and accept our Terms and Conditions prior to instructing Online Agent UK on the sale of your property. Please read the terms to confirm your acceptance of these Terms and Conditions.
Online Agent UK
Registered No. 08477297
Registered in England and Wales
0844 257 8448
Local Rate: 01622 239 946