Terms of Business
Terms of Business
1a. If you have chosen option 1 £595 (including vat) upfront there is no sales commission. The fee of £595 must be paid before we start marketing your property.
1b. If you have chosen option 2, You will be liable to pay £895 (including vat) on sale of your property or after 12 months or whichever comes first. We are entitled to our full fee at the end of 12 months (even if your property has not sold) or if you decided to terminate our service within the 12 months period or if you wish to continue marketing your property beyond the 12 month period.
2. You instruct Scottish House Move Ltd to advertise your property within the Scottish House Move portal and other main property portals covering a 12-month marketing period. Before expiry of the 12-month period you will be given an opportunity to purchase another 12 months advertising and marketing at £895. If you do not wish an additional advertising period, or you cannot be contacted, we the reserve the right to bring your advertising to an end and your property may be withdrawn from the market. If you suspend your marketing for a period of more than 28 days and wish to re-market your property it will be treated as a new property listing and our fees noted in 1a or 1b become payable.
3. Your property shall not be marketed for sale until Scottish House Move have been provided with a valid copy of the Home Report.
4. I understand that this agreement may be terminated by giving Scottish House Move 7 days’ written notice and where full payment of all outstanding fees in relation to option 2 becomes due and any payment where the Home Reports has been deferred or any other services purchased but not paid for. The Home report belongs to Scottish House Move until we have received payment in full. Where the Home Report or other services are not paid within 7 days Scottish House Move reserve the right to charge an administration fee of £195+ VAT plus the cost of the service + interest
5. Scottish House Move reserves the right to terminate this agreement with 7 days’ written notice if a seller fails to make contact with our office after making all reasonable endeavours to do so in regard to viewing arrangements or marketing advice. On termination, any outstanding fees become due immediately and condition 4 will apply.
6. Scottish House Move will, if instructed and paid for by you, will supply you with a “For Sale” board. Scottish House Move do not install the for-sale board, as we instruct a third-party sign company to install the for sale board we take no responsibility for the erecting and disposal
7. Scottish House Move will, if instructed and paid for by you, supply you with a “V-Board” board at the property for sale. The “V-Board” supplied is deemed as your property and it is your responsibility to erect the “V-Board” and take it down once you sell Scottish House Move are not liable for any replacement board and do not take responsibility for any damage caused by weather conditions.
8. Scottish House Move shall prepare a digital schedule of your property particulars on your behalf; however Scottish House Move are not responsible for any of the information that it provides to buyers and sellers. All information on our website and all information provided to buyers and sellers directly, cannot be guaranteed and they do not form part of any contract. You must approve your property particulars and details, within three days of completion. If we don’t hear from you within this period, we will assume you are happy with the contents and will commence to publish online. Should you want a printed schedule and enhanced photography, then additional costs will apply depending upon your specific requirements.
9. Money Laundering Regulations dictate we must carry out identity checks on all sellers of a property we market for sale. We therefore require from your information such as a photocopy of your passport and/or driving license as well as an up-to-date utility bill. Your property cannot be marketed for sale until we have this documentation in our possession.
10. The seller shall indemnify Scottish House Move, its proprietors, directors, employees or agents against any claim made in respect of the Property or any mis-descriptions herein that arises wholly or partially out of the act or default of the seller.
11. In terms of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days of signing our contract without giving any reason. This does not apply where performance of that service has been chosen to be waived by you the customer and we have engage in specialist work on your behalf. For a model cancelation form please contact our office.
12. The upfront fee for option 1 is non-refundable in the event of the property remaining unsold, being withdrawn from the market or being sold by another agent, yourself or by any other means.
13. Scottish House Move offer an accompanied viewing service in certain areas, where our agent will host the viewing for you and this is a chargeable service.
14. You must not deliberately misrepresent any information you provide to us or withhold information that you know or ought to know will be material to any transaction. Where you do so we will be entitled to recover any costs that this Firm incur as a result of your actions.
15. Scottish House Move is a data controller within the meaning of the Data Protection Act 1998. While acting for you, we may require personal data about you. We are committed to complying with our responsibilities under the Data Protection Act 1998 in respect of such personal data. By engaging us to act for you on this matter, you consent to our collecting and storing certain personal information which will not be used other than in the normal course of providing advice to you. This may include the disclosure of personal information to our business partners or third parties, including by electronic means, as necessary for the completion of your work. We, or our approved business partners may contact you from time to time to inform you of products or services that we believe may be of interest to you and in particular we may release your details to our business partners, including mortgage brokers. You should notify us in writing if you do not wish to be contacted by our third-party business partners and if you do not wish your personal details shared with our business partners. If you do not consent to the disclosure of your personal data, please contact us immediately. We shall retain personal data for as long as is required in accordance with good business practice and the firm's policy on document retention. We shall use our best efforts not to retain information about you once it is no longer required.
16. If we are given instructions by a private limited company then, unless otherwise agreed with you in writing in advance, it is a condition of our accepting these instructions that the directors or the party giving the instructions are jointly and severally liable along with the company for payment of our fees and costs and any interest thereon.
17. If we are marketing your property through option 2 and you subsequently sell to a buyer known to you, including either a friend or family member, we are nevertheless entitled to our full estate agency fees.
18. On agreeing Scottish House Move to market your property, both option 1 and option 2 are conditional upon you using Scottish House Move's choice of legal conveyancer. If you do not wish to use Scottish House Move's choice of legal conveyancer your only option is to pay our option 2 fee of £895 up front when we receive your instruction. If you opt to use either of our package options - 1 or 2 - and you subsequently decide not to use Scottish House Move choice of legal conveyancers, our published legal fee, £795+ VAT will become due in full. Irrespective if you engage the services of Scottish House Move partnered legal conveyancer. For the avoidance of doubt our Estate Agency fee is conditional upon using our choice of conveyancer.
19. Scottish House Move will not send a valuer to your property we rely on the valuation provided by a firm of chartered surveyor who completes your Home Report.
20 Photography is provided to us by the Home Report company. We are happy to accept photography from you or you may have professional photography completed at your own expense.
21. We will pass you the contact numbers by email of all interested parties in your property and you agree to take responsibility for arranging viewings and seeking any feedback.
22. You hereby appoint Scottish House Move as selling agents. I have read the above terms and conditions and agree to abide by them. I hereby irrevocably authorise and instruct my appointed Solicitor to deduct your fees due to Scottish House Move (option 2 only) and any other outlays purchased but not paid for from the sale price when received and to remit any fees outstanding on or before the date of entry.
23 These terms and conditions are governed by the Law of Scotland and are subject to the jurisdiction of the Scottish Courts. The parties hereto irrevocably agree that Edinburgh Sheriff Court shall have exclusive jurisdiction to settle any dispute or claim that may arise under or in connection with these terms of business or the subject matter or formation hereof (including non-contractual disputes or claims).