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Chimney Pots

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Our Partnership Agreement

In order to comply with the Estate Agents Act 1979 we need you to understand our terms and conditions and accept them at the time of instructing www.chimneypots.co.uk as your online estate agents to sell your property.

Our terms are in conjunction with the laws in England and Wales and follow the law of contract. When a third party pays our fees they are accepting the terms of www.chimneypots.co.uk and VAT is payable on these amounts and charges. We do not accept liability for the actions of any third parties who work with www.chimneypots.co.uk . In addition no liability will be assumed for any damage or misuse of For Sale boards supplied by www.chimneypots.co.uk. In addition, no liability is assumed by www.chimneypots.co.uk for any uncontrollable circumstances outside of our control which could cause any inconvenience or loss.

Definitions

Any words within this agreement that have been defined as below will have the same meaning, unless they are used in a different context.

Property – the building / property that you have given us instruction to sell. This will be known in the agreement as the ‘Selling address’.

Commission – the total amount that is payable to www.chimneypots.co.uk for the fees owed from introducing a buyer who legally completes a sale on your property.

Sale Price – the agreed price of your property for marketing and sale.

Buyer – the person who is buying the property you are selling.

Seller – the person who owns the property that is being sold and is therefore legally entitled to do so.

You – the person who is legally entitled to sell the property or the owner.

Exchange Date – the date agreed to exchange contracts and complete the legally binding sale of the property.

EPC – Energy Performance Certificate

Us, We or www.chimneypots.co.uk – is www.chimneypots.co.uk and all companies associated with us.

Completion Date – the date agreed by the seller and buyer that is the day of the sale / purchase.

On the Market – www.chimneypots.co.uk are currently marketing your property on its own website and other sites belonging to our partners.

Conveyancing - some of our packages include this and this could save you around £400. The only fees, disbursements, you will pay for this are small and to our legal team. This is a big saving compared with many other estate agency fees for conveyancing. If you choose to use another agent or sold your house by another estate agent, after we have transacted, this conveyancing feature would be nil and void and not valid. Please note that the conveyancing fee included is only for properties in England, and Wales For Scotland and Ireland, there is an additional fee of £100 to be paid.

Property Features – these are a list of 10 features that you consider to be key to selling your property. As you know the property better than anyone else we ask you to provide these as they can really boost viewing numbers.

Floor Plans – If you need this please ask and we will give you this service free of charge for one visit. You do not have to take up this option and more information on floor plans is given in our FAQ and Advice sections.

Multi List – the property market today can be ruthless which means that you need as much help as possible in attracting the right buyers. Erecting a ‘For Sale’ sign is not enough, neither is an advertisement in a local paper – you need an agency that will list your property on not just their website, but many others too.

A multiple list or multi list is an agreed, shared list of estate agents that is on a database. All of the agents on the list will share the details of properties that are up for sale, providing you with the maximum amount of exposure for your property.

There are plenty of advantages to using a multi list. Firstly, as mentioned you will be able to have your property listed on more websites, giving you better exposure. Your property will be put on listings that buyers will be able to search using certain criteria – for instance properties in a certain price range or area. The listing service will also give you information on the utilities of property, mortgage repayments and the cost of local taxes when you purchase the property. So with multi lists sellers, buyers and everyone else involved in the sale of a property can save a lot of time.

These listings have been used successfully in the US for more than 50 years via estate agencies. Today this method is becoming popular in the UK and thanks to the internet, listing properties has never been so easy. At www.chimneypots.co.uk we have adopted this process as we believe that it is the fastest and most effective way of advertising and selling properties using new technology.

Fees Paid and Commission Payable to chimneypots.co.uk

I think there is a grid to go here

If your property is on for sale and www.chimneypots.co.uk introduced a buyer to you and they enter into a legally binding contract in order to purchase the advertised property we will be due commission based on the information included in the table above.

Depending on the option you select you will have to pay the fee stated to chimneypots.co.uk when you instruct them. This is the first payment that you will make and this is not refundable. As soon as you have chosen the service you want and paid the first fee you will get an email welcoming you to our service.

Example of spread payments

Let’s say you have chosen 1a as your option which means you have agreed to pay £595 plus VAT, you will have paid £99 plus VAT to arrange your direct debit.

You will then be able to repay the rest of the balance for six months and this will work out to be £99 per payment. Should you cancel your direct debit you will be liable for the full balance which must be paid immediately. When you agree to this contract you will be authorising House Network to debit the card you have used for the first £99 for the entire balance.

Premium Listing

If you have chosen this option you need to know that you will activate this instruction once and it goes on for 12 months, during which your property will be marketed continuously. For instance if you choose to purchase this option and your property is taken off the market after 4 months the Premium Listing will end. Should you then want to put your property back on the list you will have to purchase a new Premium Listing as third party portals who provide this service do not allow de and relisting on one Premium Listing. We have no control over Premium Listing fees as this service is handled by a third party.

Property Mis-Descriptions Act 1991

We work to comply with the Property Mis-Descriptions Act 1991 and as a result we prevent chimneypots.co.uk and the seller from getting involved in any legal action that arises from mis-descriptions. This means we are not legally entitled to check all details which are published by the seller. Should there be an issue relating to this the seller will fully take responsibility and financially reimburse chimneypots.co.uk, it’s directors, field staff, proprietors, property assessors or employees to protect them from any claim made relating to Mis-Descriptions caused by the seller defaulting or their actions.

Property Details

While we will create a list of the particulars of a property on the behalf of the seller we do not take responsibility for data provided to sellers or buyers. The information contained on our website and information provided to sellers and buyers is not guaranteed and this information is not part of any of our contracts. You are expected to provide details of your property before any marketing of that property can take place. Once you have initially instructed and we will send you a form out to check the details and amend them as necessary, if you need to make changes you need to email support@chimneypots.co.uk

Money Laundering

In order to comply with the Money Laundering Regulations of 2003 we are legally entitled to perform identity checks on buyers and sellers before we can take them on. These checks are performed by field staff, a property assessor or an electronic system. As part of this, if we are speaking to you in person, we might need to take the number of your driving licence or passport.

EPC

Energy Performance Certificates are legally required when selling a property. If you have not had one of these created we can do this for you at no extra charge.

Unoccupied Properties

If your property that is for sale is unoccupied we are not able to take any responsibility for repairs, security or maintenance of the property.

For Sale Board

We provide you with this for no charge. It will be erected outside your property by one of our partners and once it is in place it is your responsibility, this means we are not liable for any damages caused to or by this board. Should the board be vandalised or damage you will need to purchase one, at the standard rate, from us. Town & Country Planning Act, 1990 (As Amended).All Borough Councils have their own regulations and rules and we follow them, however as we are a nationwide company we are not responsible for individual councils regulations and rules. If there are any breaches of your own councils regulations this is your responsibility, so should you be unsure about displaying a For Sale sign you need to speak to your local council. All of our boards are the regulation size, as is all information contained on it, but all other issues relating to it are your responsibility.

Offers Received

Chimneypots.co.uk will promptly forward all offers on your property via e-mail. If you accept the offer Chimneypots.co.uk will communicate with our conveyancing team to ensure that the process is effectively handled. You can track the progress of your sale from start to finish via our mortgage team and conveyancing team, if you have taken up our conveyancing service.

Your Obligations as the Seller (s)

The seller or sellers accepts and confirms that they/ he / she:

Have the power, capacity and authority necessary to enter into an agreement with us, by doing this they are acknowledging that they are either the – beneficial owner of the property or have the authority from the owner to sell. However, no problems should arise as you have agreed to an offer made on your property and our mortgage and conveyancing teams will be diligently working on your sale providing you have taken out the conveyancing service.

The details of your property will be listed on www.chimneypots.co.uk and portal partners.

We will publish your property on www.chimneypots.co.uk. All third party portals that your property is listed on do not belong to us or our associated companies, which means we cannot guarantee that your property will have a continued listing on these sites. However we worked tirelessly to make sure that your property is listed at many property portal network as possible and all of these portal listings run for 12 months, unless there are circumstances that prevent this from happening, in these cases you will be notified by e-mail from chimneypots.co.uk. Your listing will depend on the option that you purchased and should your listing time be coming to an end we will give you the chance to purchase more time for marketing. If you don’t wish to continue marketing with your contract and listing with www.chimneypots.co.uk will end. While third party portals will advertise for 12 months, www.chimneypots.co.uk will actively market your property on its own website until an offer is made, accepted and the property is sold.

Disclaimer

By transacting with chimneypots.co.uk and any of the companies associated with it you are accepting the terms of use and any other terms that are relevant to you. These terms can be changed by chimneypots.co.uk at any point and without notice, so it is essential that you visit www.chimneypots.co.uk periodically in order to ensure that you are up to date with all terms. The information on our website is for general use and created as a guide.

Chimneypots.co.uk and all of the companies associated with us do all we can to ensure the accuracy of the website. Chimneypots.co.uk cannot guarantee, assure, undertake warranties or representations relating to the correctness, accuracy or fit for purpose relating to any third party websites as we do not endorse nor approve any of the information stored on these websites. We will not accept liability relating to information placed on a third party website.

All information on chimneypots.co.uk website and all hard copies of documentation are the copyright of us and any of our associated companies. You are able to make personal copies of this information, but you are not permitted to distribute this without the consent of chimneypots.co.uk. Before taking any action which is based on the information on our site we advise you to take advice from a professional.

Debit Card and Credit Card Payments

We accept these two payment methods for our marketing services and any others that you might need. Before you make any online payments read these terms. By using the online payment system you are agreeing to these terms. If you do not agree, do not use the online payment option. If the payment is declined or refused by the supplier of your debit or credit card and should you encounter this you will need to speak to them directly.

Payment Confirmation

As soon as the payment that you have made is authorised this will be shown on the confirmation screen. This will also contain a transaction number that is unique. These details can be printed out for your records, they will also be emailed directly to you, if you have given an email address. If you have an issues or queries you will need the transaction number, so keep it safe. This receipt will not have any details of the card you used for the transaction in order to keep this information confidential.

Refused Payments

Should your payment be refused the screen you are on will advise you of this. If this happens it is your card issuer and not chimneypots.co.uk that are refusing the payment. If your card is refused contact your card issuer as soon as possible.

Refunds

If an overpayment happens you can request a refund by emailing support@chimneypots.co.uk and payment will be made via bank transfer if a credit or debit card was used. If a payment made by other methods is taken it will not be accepted for refunded. If a customer changes their instruction refunds will not be made as chimneypots.co.uk have incurred costs during the instruction period and beyond. Under the terms of the Consumer Protection Regulations 2000 a contract is determined when property assessors or field staff are instructed.

Security

We at chimneypots.co.uk ensure that all payments made to us secure and managed to Level 1, as defined by the Payment Card Industry (PCI) regulations. When you make a payment you will be directed to a secure environment where all information is sent using 128 bit encryption. The online service for payments that we offer is handled by an external company and no details are held on any servers. No one has access to your card details – unless you have given express instructions for a monthly direct debit. The system complies with all safety regulations set down by the Payment Card Industry including – Verified by Visa, CV2 Input and MasterCard Secure Code and the latest security measures are adopted to ensure total security.

Payment Issues

If you encounter any problems with payments please contact us at: support@chimneypots.co.uk

Privacy

We are fully committed to protecting your online privacy as it is of the high importance to us. All information that you supply to us will be handled as per the Data Protection act 1998.

The only use of the information that you give us is in accordance with the law and we will only hold it for as long as needed. We do not pass on information to anyone else, unless the law requires it. All staff who handle data respect your privacy and your personal data.

Comments and Feedback

We want to here any comments or feedback that you have about chimneypots.co.uk. If you want to pass something on to us email: support@chimneypots.co.uk or write to us at: chimneypots.co.uk, Unit N1, Buffalo Court, Kansas Avenue, Salford Quays, Manchester, M50 2QL

Limitations of Liability

Chimneypots.co.uk, its suppliers, third parties or any companies associated with us do not take responsibility and are not liable for damages that occur from using, being unable to use or resulting from using our website or any websites that have been linked to us or any information or material on our site.