terms and conditions - Online Estate Agents - Sell in 28 days – Propertycats

Terms and conditions

Propertycats Terms & Conditions

This website is the property of Propertycats Limited of 27 Finsbury Circus, London, EC2M 7AB.

Before using Our Site it is important that you read and understand these General Terms and Conditions (“Terms”) in full. If you are unsure of the meaning of any of these Terms, please contact us to discuss your query before using Our Site.

By using this website you agree that you consent to and are bound by the following terms and conditions.

Capitalised terms have special meanings, as do ‘you’, ‘your’, ‘we’, ‘us’, and ‘our’. Their corresponding definitions will either appear in quotation marks within these Terms, or will appear in the definitions section at the end.

Terms of this agreement

Definitions within this agreement/these Terms and Conditions and the following words of phrases shall, unless the context otherwise requires, have the following meanings:
“Propertycats website” or “Website”
Means Propertycats.co.uk

“Property”
The property address for which you have instructed us to sell as stated at the end of this agreement under the term “Selling address”.

“Seller(s)” or “you”
Means the owner(s) of the property or the person who is legally entitled to sell the property;

“Buyer”
The person or commercial entity buying your property;

“Completion/Completed”
Legal completion of the sale of your Property;

“Exchange”
When contracts of the sale of the property are legally exchanged and are legally binding;

“Fees”
The amounts payable to Propertycats for the Services as detailed in Schedule 1;

“Initial Marketing Period”
A period of 12 months, starting from the date of purchase of a Package, during which Propertycats provides the Services;

“Packages”
Where the context permits in respect of any one of the packages “Packages” are the core services provided by Propertycats;

“Propertycats” or “We” and “Us”
Means Propertycats Ltd a company registered in England, company registration number, 11697550;

“Registered User”
A user of the Services that has completed the registration requirements of the Website;

“Services”
Means the range of services or add on services offered by Propertycats including those detailed in the Packages;

“Working Day”
Means a day other than Saturday, Sunday, a bank holiday or a public holiday.

Legal Entitlement to Sell

By submitting your details and your Property details to Propertycats and instructing us to market your Property for sale, you warrant, represent and undertake to us that:
i) You are the owner of the property and you have the legal right to sell your Property;
ii) All owners of the Property are aware of and consent and agree to the marketing of the Property for sale; and
iii) You have all necessary rights and authorities to instruct us to market the Property for sale.

Authority

The Seller(s) hereby confirm(s) and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement. The Seller(s) hereby confirm(s) and covenants that he/she/they are the beneficial owner(s) of the Property; or have the authority from the beneficial owner to sell the Property on the above terms. Under the Money Laundering Regulations of 2003, Propertycats are required to carry out identity checks on both buyers and sellers of the properties that we market. Checks are completed using an electronic system and may require us to ask you for additional information such as your passport number or driving license number, which you must agree to provide on request.

Energy Performance Certificate (EPC) + HOME REPORTS

For Properties in the UK, excluding Scotland: You must provide an EPC or order an EPC for the Property (and provide proof of the order if not done through us). If you order an EPC via Propertycats as an add-on and the assessor turns up to carry out the EPC but you then advise us that you already have an EPC, there will be no refund for the ordered EPC. If you require a commercial EPC for your property there will be an extra charge as set out in Schedule 1. An EPC must be commissioned prior to marketing your Property.

Consumer Protection from Unfair Trading Regulations 2008

Your Property details will be verified before marketing of the Property can commence. Our local agent will approve your details.
To ensure compliance with the Consumer Protection from Unfair Trading Regulations 2008 the Seller must inform Propertycats immediately of any incorrect or materially incomplete information within the sales particulars from the outset or at any point during the marketing or sale.
Any amendments that you make to your Property listing will be fully vetted by Propertycats and if we conclude based on a reasonable suspicion that they are not valid we reserve the right to amend them appropriately without notice.
Propertycats reserves the right not to publish any information provided by the Seller in order to comply with the Consumer Protection from Unfair Trading Regulations 2008. Also any other publication (our brochure for example); may be subject to change at any time. When changes are made to the website (including prices), these may not appear at the same in the brochure and such amendments may appear in the following version of the brochure.
The Seller shall indemnify Propertycats, its proprietors, directors, employees or agents against any loss or damage suffered by Propertycats, its directors, employees or agents arising from; (i) any claim made by the Seller in respect of the Property; (ii) any inaccurate, false or misleading descriptions of the same; or (iii) any breach of applicable legislation or regulations including but not limited to the Consumer Protection from Unfair Trading Regulations 2008.

For Sale Boards

If you select a for sale board, the board will be erected at your Property (dependant on agent availability in your area). Propertycats cannot accept any responsibility for any damage or loss suffered as a result of the For Sale board. This board will be collected upon request if you so wish. In order to meet the requirements of The Town & County Planning Regulations, which permit the display of only one For Sale board, we request that whilst a Propertycats For Sale board is displayed, no other boards are erected. The delivery of your For Sale board may in certain cases be sent via a national courier service. We cannot accept responsibility for any For Sale board being lost or stolen once delivery has taken place. In most circumstances Propertycats cannot state a definite date and time for delivery of your For Sale board. In circumstances where there is no one to sign for the For Sale board, it will be left with a neighbour or left at the Property. If your board relates to part of a building in multiple occupation, it should indicate the part of the building to which it relates.

Unoccupied property

Propertycats do not accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been agreed.

House Sales

Propertycats offers two property sales Packages as detailed in Schedule 1.
These two Packages entitle you to receive Services from Propertycats for the Initial Marketing Period. The details of each Package with the Services they include and all additional add-on Services available are set out on the Website. Fees may apply for optional Service “add-ons” as found on the Website and listed on Schedule 1.
Please note that payment for the Pay Upfront Package is required whether your Property is sold or not and Additional Fees may also be chargeable should you cancel your Package, see Schedule 1.

Propertycats offers two Packages, which are a Pay Upfront or No Sale No Fee option.

Please read carefully before making your selection.
Pay Upfront
If you select the Pay Upfront option, you will be required to pay the Fees for the service selected by you immediately upon ordering via our website Propertycats.co.uk.
No Sale No Fee
If you select the No Sale No Fee option, such selection is conditional upon adherence to the No Sale No Fee terms and conditions set out in Schedule 1. The No Sale No Fee facility is offered to our customers by ourselves.

General House Sale Terms

After the Initial Marketing Period expires or when Exchange or Completion has occurred on your Property, your Property will be taken off all property portals. If you wish to extend the Initial Marketing Period, you can do so by purchasing an extension with us.

If within the Initial Marketing Period you sell your Property by other means, Propertycats has the right to ask for proof of sale.

All Fees are listed in Schedule 1 of these terms and conditions, the fees listed are the correct price at the time, changes to the prices can take place at any time and you are not entitled to any refund if the Package you purchased is reduced at a later stage. All Fees are inclusive of VAT.

Fees in Schedule 1 are for listing one Property. If you wish to list multiple properties, you will have to pay the relevant Package fee for each property you list.

All add-on Services as listed on the Website (and/or Schedule 1) are listed at the correct price at the time, changes to the prices can take place at any time and you are not entitled to any refund if the add-ons you purchased are reduced at a later stage. All add-on Service fees are inclusive of VAT.

If your Property is being advertised by another agent, it is your responsibility to ensure you are allowed to advertise with us at the same time and that you are not in breach of any terms agreed with any other agent(s). We accept no liability for any breach arising from your agreement with another estate agent. If you advertise with us in breach of the terms of contract with your other estate agent(s) then we can remove your listing with us by giving us a least 24 hours’ notice. However, you will not receive any refund and if you have selected the No Sale No Fee option and accepted an Offer you will be obliged to pay a fee of £950. While you are advertising with more than one agent, you will be subject to our Fees.

Propertycats accepts payment via all major credit cards and debit cards Payment. All credit card and debit card information is collected securely and processed Propertycats nominated payment gateway that may change from time to time.

Refunds may only be given at the discretion of Propertycats. Where a refund is agreed it will take into account all the costs already incurred by Propertycats with regard to your Packages and any add-ons, all internal and external costs incurred including but not limited to; floor plans, EPCs, and administration costs, see Schedule 1, Additional Fees.

Following the commencement of the Services, Propertycats may terminate our agreement with you at any time by writing to you if you do not, within a reasonable time of Propertycats asking for it, provide us with information that it necessary in order for us to provide the Services (including but not limited to information requested to verify your identity and your ownership of the Property (where applicable to an instruction). If Propertycats is forced to terminate the agreement as a result of your breaking our agreement in this manner you may be liable for Additional Fees, see Schedule 1.

Your Listing

Your listing is with Propertycats. We confirm that at the point of instruction we are a Member of the TPO scheme, and subscribe to its Code of Practice.

IMPORTANT – You are required to disclose any information of which you are aware in relation to the property in a clear, and timely fashion. You must take all reasonable steps to ensure that all information and statements about the Property that you disclose to Propertycats and to potential buyers or their representatives whether oral, pictorial or written, are accurate and are not misleading with all material facts included. Furthermore, any answers to questions about the property must be truthful, materially complete and not misleading.

Propertycats will use reasonable commercial endeavours to ensure that your property is listed on the Website during the Initial Marketing Period subject to you selling your Property sooner or you terminating the service. The Website may be subject to technology or server related interruptions from time to time therefore Propertycats gives no warranties or guarantees that the Website will operate error-free at all times.

Portals

Propertycats will use reasonable commercial efforts to upload all property details on to property portals. However part of your listing may not entirely feed to our portal partners, it is your responsibility to check your listing and inform us of anything not appearing as instructed by you or any missing elements.

Propertycats will place your listing on third-party website portals. By agreeing to these Terms and Conditions you acknowledge that; these websites are subject to change; that they may or may not be controlled by a third party; that Propertycats do not provide any guarantees or warranties that your listing will be live or a continued presence on these websites; and you further acknowledge that these third-party website portals may at times experience issues with displaying properties including but not limited to feed issues and Propertycats is unable to provide any guarantees or warranties as to when a listing will be back up live and showing on any particular Third party website portal. All listings are dependent on the timings and length of times the listing will run.

General Listing Terms

You automatically receive Services for the Initial Marketing Period during which time we will list your Property subject to the terms relating to Portals above. If your Property has not exchanged within the Initial Marketing Period, your listing will expire but during the run-up to your listing expiry you will have the opportunity to purchase an additional Marketing Extension Period for a fee as set out in the Website (or Schedule 1). Propertycats will use reasonable endeavours to contact you to determine if you wish to extend the Initial Marketing Period. If we cannot contact you and do not hear from you, your Property will be de-listed upon the expiry of the Initial Marketing Period. If you do not wish to carry on marketing beyond the Initial Marketing Period then you do not need to do anything, your Property listing will expire, your agreement with Propertycats will automatically come to an end and your Property de-listed.

Photos and Agents Visits

Propertycats may send an agent to visit your property for verification, photography, floorplan, EPC or appraisal purposes.

If you are supplying your own photographs (maximum 50) and description we require these to be accurate when they are sent to us or uploaded onto the Website, we may send a local agent to visit you to check these when they verify the property. Additions or amends may be subject to a monetary charge.

Once you have agreed on a date for the agent to visit, you are obliged to keep the appointment (“Agent Appointment”), any cancellations must have 1 Working Day notice, otherwise you will incur costs, see Schedule 1.

If our agent arrives for his Agent Appointment and you are not at the Property or you give less than the required 1 Working Days’ notice, we will have to arrange an alternative Agent Appointment for which there will be an additional Appointment Fee.

In the event that a photographer was also booked to attend the missed Agent Appointment an additional fee for the photographer’s services will apply, the additional fee, Appointment Fee is detailed in Schedule 1 and is due for each instance of a missed appointment.

When you instruct Propertycats to arrange for photographs to be taken of your Property, a agent will use reasonable commercial efforts to contact you within 24/48 hours of ordering the relevant Package, however on some occasions this may take longer. If you are supplying photographs taken from another photographer (or source) you must have permission to use the photographs from the photographer or the owner of the photographs. You will also grant Propertycats a royalty-free, unlimited, worldwide and non-exclusive license to use any photographs supplied by you or a third party source. Propertycats have the right to take your listing off the Website and off the portals if notified by a third party that the photographs used may not be permitted for use by you. Propertycats will notify you and re-list the Property as soon as the correct/appropriate photographs are provided along with an authorisation from a third party to use the photographs, where appropriate. If we are providing your photographs, the fee paid will be for taking the photographs of one property. Commercial properties may also incur extra photography charges, dependent on the size of the property. The same will apply for any additional floor-plans.

Valuations

We can provide a market appraisal of the value of your Property from the data we have which is pulled in from various sources such as Rightmove, mouse price and Land registry and takes into account national and regional trends in the housing market, however, for the avoidance of doubt, the price at which you decide to market your Property will be solely down to your choice. Viewings / messages and Offers received for your property Propertycats confirms that (unless otherwise instructed in writing by you, the Seller) pursuant to the Estate Agents Act 1979 we will forward to you accurately in writing (which includes email correspondence), all offers from prospective purchasers within 2 days of receipt of the same. Once a sale has been agreed, Propertycats will prepare and send out a Memorandum of Sale by email to you (or via your online account) and to both parties’ conveyancers. A copy shall also be sent to your prospective purchaser.

Once you have an accepted offer we will forward your details to the relevant conveyancer. If you are using one of our Panel conveyancers we will fully get involved in helping you with the sale progression at no extra cost. 14 day “cooling off period” The Right to Cancel off-premises contracts is regulated by provisions contained in Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013: Contracts entered into off-premises or at distance are subject to a 14 day “cooling off period”. Where contracts are made off premises, you have the right to cancel the contract within a 14-day period starting the day after the date these terms and conditions are agreed – SUBJECT TO THE TERMS BELOW. In the event you wish to cancel the contract you must, within the 14 day “cooling off period”, inform Propertycats of your decision to cancel in writing by email to info @ propertycats.co.uk. Where contracts are cancelled within the specified 14 day “cooling off period” and you have not instructed Propertycats to begin any of the Services, there will be no charges due and you will be entitled to a full refund of any payments already made.

Please note Propertycats will only publish your property on Rightmove, Zoopla or otherwise begin providing services (including making the Listing, attending the property for verification, EPC or photography), after this 14 day cooling off period has expired unless you agree otherwise by arranging for the commencement of any of the Services.

Cancellation Charges in the “cooling off period”

Should you agree to receive the Services including commencement of the marketing of your Property during the “cooling off period” then you will be charged for the Services provided as detailed below.

Our Services are deemed to have been provided in full when your Property is listed on the Propertcats website or property Portals.

Pay Upfront Cancellation Charges

If you have chosen the Pay Upfront option and agree that we begin the performance of Services during the “cooling off period” and then you later cancel during the “cooling off period”, you will be liable to us for the full amount of the Fees for all Services consumed in that period, (see Schedule 1 – Service Cancellation Fee), notwithstanding your cancellation.

For the avoidance of doubt, if your Property has been listed on the Propertycats Website or property Portals during the “cooling-off period” then all Fees for the Package and add-ons shall be payable in full on request, without refund.

No Sale No Fee Cancellation Charges

If you have chosen the No Sale No Fee option and agree that we begin the performance of Services during the “cooling off period” and then you later cancel during the “cooling off period”, there will be no charge to you.

General Right to Cancel

You may ask us to remove your details from the Propertycats website at any time after the 14 day “cooling off period” but you will not be entitled to any refund and may be subject to an Administration Fee, see Schedule 1.

Once you have asked us to remove your details from the Propertycats website then you will not be able to re-instate them without payment of an additional fee.

Anti Money Laundering

Propertycats is committed to operating its business in a transparent and open manner consistent with our legal and regulatory obligations. We are aware that the real estate industry is a target for organised criminals seeking to launder the proceeds of criminal activity. We always seek to prevent this activity by cooperating fully with the authorities and reporting suspicious activity to the National Crime Agency.

As part of this commitment, we adopt a strict compliance of all Anti-Money Laundering rules, with specific emphasis on the Proceeds of Crime Act 2002, the Money Laundering Regulations 2017, the Bribery Act 2010 and the Terrorism Act 2000.

Propertycats policy commitment is applicable to all of our customers, including vendors, buyers, landlords and tenants. As a result we obtain and hold for a period of at least seven years evidence pertaining to our customers’ identity and, where appropriate, we obtain proof of ownership of property and source/destination of funds. We will be unable to proceed with any work on behalf of our customers if we are unable to obtain this information. Customers’ identity will be subject to an electronic identity check, which may also include a credit check.

Schedule 1

Propertcats offers two packages for selling your home. No Sale No Fee and Pay Upfront. The Services included in the two packages are described on the Website.

The Fees for the Packages are listed below

Package fees  
Pay upfront; £1,495 
   
No Sale No Fee – we only chage if we achieve over the asking price 50% of the margin achieved over the asking price
   
Additional Fees  
Failure to attend appointment with Agent and/or Photographer and/or potential buyers – Without giving a minimum of 1 working day’s notice £120
   
EPC £95
Virtual Tour £150
Propertycats for Sale Sign – No Sale No Fee service £80

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