Terms & Condition

The Promptmove Limited Terms and Conditions are effective upon acceptance for those users who accept them through registration of a Promptmove Limited account, or by otherwise accepting them. .

Promptmove Limited may change these Terms from time-to-time by updating this page. You should check this page from time-to-time to ensure that you are happy with any changes.

  1. General
  1. _ Permitted use

In instructing Promptmove Limited, you warrant and agree that:

 

1.2.1. you are the beneficial owner of the property that relates to your instructions, and you instruct us 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 our services;

1.2.2. you will pay promptly any fees due and VAT thereon owing to Promptmove Limited, as they arise; and, you will pay daily interest on any fees that have not been paid by the due date at the rate of four percent (4%) above the base lending rate of Barclays Bank plc from time-to-time in force;

1.2.3. you have fully understood the service that is to be received from Promptmove Limited as an estate or letting agent, or managing agent;

1.2.4. you will use Promptmove Limited services as a private vendor or landlord and not as an agent;

1.2.5. if your property is empty, you shall ensure that you conduct regular security and condition checks from time to time. Promptmove Limited shall not be responsible for doing so;

1.2.6. you will notify Promptmove Limited as soon as possible in writing of any change of address.

  1. _ Our property profiling service and liability for fees

2.1. As part of our service for both landlords and sellers, and in addition to the services listed in clauses 15 and 34 below, we offer comprehensive property profiling, to include photographs, an Energy Performance Certificate and floorplans.

2.2. A fee is charged for the property profiling and related services in advance of market listing of your property.

2.3. If you select our ‘Pay Later’ option, but without’ No Sale, No fee’ service, this means that the cost of pre-listing work may be funded by a finance company, subject to credit status and other checks. This option is offered subject to your credit status and you must pay for the service on the occurrence of one of the following:

2.3.1. your property is sold or successfully let;

2.3.2. your property has been listed for a period of twelve (12) months;

2.3.3. you ask for your property to be delisted; or,

2.3.4. you terminate our services whichever shall be the earlier.

If you select our ‘Pay Later’ option that offers ‘No Sale, No Fee’ service, you will be liable to pay upon the sale of the Property. The sale, for the purpose of this document, is deemed to have taken place upon the ‘Legal Completion’.

2.4. We reserve the right to charge you in advance for any disbursed costs incurred after listing your property and during marketing, including (among other things) advertising costs.

2.5. We do not undertake or provide:

2.5.1. legal work;

2.5.2. mortgage and financial advice;

2.5.3. insurance brokerage;

2.5.4. property surveys;

however:

2.5.5. we will refer you to third party professional service providers who do offer these services;

2.5.6. we may reserve a commission payment from these third party providers in the event you do decide to engage them;

2.5.7. these third party professional service providers are entirely independent of Promptmove Limited and any services they provide to you are governed by the terms and conditions you agree with them and we shall not be responsible or liability for any losses or damages you may incur in reliance on such services.

  1. _ Refund Policy

3.1. The property profiling service is undertaken by third party service providers to whom we pay fees. For this reason, should you terminate or cancel our service once the property profiling has been completed but before a successful sale or letting of your property, we will seek from you reimbursement of any fees, costs and expenses incurred up to that point (in so far as these have not already been paid by you), and you agree that you will pay these. However, the Energy Performance Certificate is provided free-of-charge in any event.

3.2. Should you decide to terminate this agreement:

3.2.1. prior to the completion of property profiling, we will refund you in full LESS any fees, costs or expenses we may have incurred up to that point;

3.2.2. after the completion of property profiling, we will refund you LESS:

3.2.2.1. the sum of ONE HUNDRED AND SEVENTY-FIVE POUNDS (£175.00) (or such other fixed fee as we shall determine from time-to-time); and,

3.2.2.2. any fees, costs or expenses we may have incurred up to that point;

3.2.3. after your property has been listed, no refund will be offered.

  1. _ No Right of Cancellation

You agree that we will commence supplying and performing our services to you as soon as you accept these Terms. You accept that you may not cancel these Terms under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 , but in the event that a court shall find to the contrary, then you agree that we may recoup the cost of any services provided up to the deemed point of cancellation.

  1. _ Termination

5.1. Promptmove Limited shall have the right to terminate the agreement between you and us in these Terms at any time and for any reason or no reason.

5.2. Promptmove Limited reserves the right to remove the Property from its listings for sale or let (as the case may be) if the client is uncontactable for a period of three (3) weeks, or if the client unreasonably refuses viewings.

5.3. The client may terminate the agreement:

5.3.1. for our tenant finder service, by giving not less than two (2) months’ written notice to Promptmove Limited after an initial period of six (6) months;

5.3.2. for our tenant management service, by giving not less than two (2) written months’ notice to Promptmove Limited following an initial minimum term of twelve (12) months;

5.3.3. if selling a property, or for any other service, by giving not less than one (1) month’s written notice to Promptmove Limited, to expire at or any time after the end of the first eight (8) weeks of the service.

5.4. Upon the termination of the contract between Promptmove Limited and you:

5.4.1. Promptmove Limited shall cease to promote, market, advertise or solicit offers for the Property;

5.4.2. the fees shall be payable if a buyer or tenant introduced by Promptmove Limited enters into a legal commitment with you:

5.4.2.1. through another agent within six (6) months of the date of termination of this contract; or,

5.4.2.2. without the involvement of another agent within two (2) years of the date of termination of this contract;

5.5. The rights to terminate the contract given by this clause 5 shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

  1. _ Property Availability

Promptmove Limited reserve the right to remove a property from its listings without

notice or refund in the following circumstances:

 

6.1. more than three (3) complaints are received about a property from potential buyers or tenants;

 

6.2. enquiries generated by Promptmove Limited are not being responded to promptly by you;

 

6.3. if a property is deemed not to be genuinely available for sale or let.

 

  1. Complaints and Redress

 

7.1 Promptmove Limited is a member of a redress scheme, The Property Ombudsman Scheme, for dealing with complaints. We subscribe to its Code of Practice for Residential Estate Agents.

 

7.2. A copy of our complaints handling procedure shall be provided on request.

 

  1. _ Money Laundering

 

You agree to provide Promptmove Limited with all information as may be required by Promptmove Limited in order to comply with any money laundering regulations as may be in force from time to time, we may require you to provide information such as your passport or driving license number.

 

  1. _ Indemnity

 

9.1. You shall indemnify and hold harmless Promptmove Limited, its directors, employees and agents, against any claim made in respect of the Property or any misrepresentation thereof that arises wholly or partially out of any act or omission committed by you.

 

9.2. Regardless of clause 9.1 above, if we are found to be liable, our liability to you or to any third party is limited to (a). the amount of fees in dispute not to exceed the total fees which you paid to us in the twelve (12) months prior to the action giving rise to the liability, or (b the sum of £100.

 

9.3. Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

 

  1. Nature of Agreement

 

10.1 The contract between Promptmove Limited and you is personal to the parties and neither party may assign, mortgage or charge (otherwise than by floating charge) or sub-license any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder, except with the written consent of the other party.

 

10.2 These Terms together with any registration forms and other associated documents contain the entire agreement between the parties with respect to the Property and may not be modified except by an instrument in writing signed by the duly authorised representatives of the parties.

 

10.3 Each party acknowledges that, in entering into these Terms, it does not rely on any representation, warranty or other provision except as expressly provided in these Terms, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

 

10.4 No failure or delay by either party in exercising any of its rights under the contract shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of the contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

 

10.5 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision.

 

  1. Notices and Service

 

11.1. Save for the circumstances in clause 11.2 below, any notice or other information required or authorised by these Terms to be given by either party to the other may be given by e-mail, post or fax.

 

11.2. Service of any document for the purposes of any legal proceedings concerning or arising out of the contract shall be effected by either party by causing it to be delivered to the other party at its registered or principal office, or to such other address as may be notified to it by the other party in writing from time to time.

 

  1. Relationship of the Parties

 

Nothing in these Terms shall create, or be deemed to create, a partnership or the relationship of employer and employee between you and us.

 

  1. Law and Jurisdiction

 

These Terms shall be governed and construed in all respects in accordance with English law, and each party hereby submits to the exclusive jurisdiction of the courts of England & Wales.

 

  1. Lettings

 

  1. _ Fees

 

14.1. For our tenant finder service, we will charge you a commission fee of ten percent (10%) plus VAT of the annual rent payable by the tenant. This finder’s fee will also be payable on each renewal of the tenancy for a further fixed tenancy period.

 

14.2. For our tenant management service, we will charge you a fixed rate commission fee (which is subject to annual review) equivalent to a percentage of the monthly rental payable by the tenant.

 

14.3. In the event you decide to take-over the management of the property, we will charge you a sum equivalent to one (1) month’s rental plus VAT. On renewal of the tenancy agreement, a further such fee will be charged for the renewed fixed tenancy period.

 

  1. _ Our service for landlords

 

15.1. Features of the Promptmove Limited service will depend on the scope of your requirements, and include (among other things) those listed in clause 15.3. below, which are offered in our absolute discretion.

 

15.2. We reserve the right to charge fees for these services, which will be notified to you prior to engagement.

 

15.3. We will:

 

15.3.1. visit the property and give you advice on any action you need to take before you let the property. This includes any repairs and refurbishments that are needed to put it into a fit state for letting;

 

15.3.2 give advice on the level of rent you can expect;

 

15.3.3. draft the property particulars;

 

15.3.4. erect a ‘To Let’ board as soon as possible following instruction, and in any event within seven (7) working days;

 

15.3.5. market your property for ninety (90) days on the open market;

 

15.3.6. notify you of all enquiries from prospective tenants as soon as reasonably possible, using your preferred contact method;

 

15.3.7. arrange accompanied viewings;

 

15.3.8. choose a tenant in a way agreed with you, taking up references or checking the tenant’s past rent payment record;

 

15.3.9. assist and advise in the negotiation of rent and rent reviews;

15.3.10. arrange for the preparation of a schedule of the condition of the property and its contents for you, together with acceptance by the tenant of a property so described;

15.3.11. provide and fill in a tenancy agreement, take a deposit to protect against possible damage or as security for rent, or both, or agree with you another sort of guarantee, or both;

 

15.3.12. transfer the bills for the services for which the tenant will be responsible into the tenant’s name.

 

15.3.13. after letting your property, collect the rents and deduct our agreed commission and other outgoings and charges before distribution of the balance to you within ten (10) working days of the tenant’s payment. We keep a separate clients’ account to hold all money and belong to a Clients’ Money Protection Scheme;

 

15.3.14. keep an eye on the rent payment record and take reasonable steps to prompt payment of any money owed;

 

15.3.15. collect and hold the deposit payable by the tenant against the cost of any dilapidation payable by the tenant and/or breach of contract by the tenant;

 

15.3.16. give you a statement of account as often as agreed with you, usually every six (6) months;

 

15.3.17. visit the property periodically during the course of the tenancy as often as agreed with you (for example, every three months) to check that it is being suitably looked after;

15.3.18. arrange to have routine maintenance work carried out, up to a limit agreed with you. We will refer expenditure above that limit to you for approval;

 

15.3.10. arrange for safety checks on gas and electrical appliances to be carried out, if you ask;

 

15.3.11. explain your rights and responsibilities and the tenant’s rights and responsibilities;

 

15.3.12. give you advice on insuring the building and contents and other insurance schemes which may be available to protect their interests and which are not normally covered in standard household policies where a tenant is in residence;

 

15.3.13. should you wish to end the tenancy, we will:

 

15.3.13.1. serve the correct notices on the tenant;

15.3.13.2. check the condition of the property and any contents and discuss any repairs with you before giving the deposit back or arranging for repairs;

 

15.3.13.3. collect the key and make sure that the property is secure;

 

15.3.13.4. provide you with the final accounts sheet.

 

15.4. You acknowledge and agree that:

 

15.4.1. it is your responsibility to respond to viewing requests and arrange and conduct viewings, unless specified and agreed by Promptmove Limited in writing before the tenant finder service commences;

 

15.4.2. if an initial consultation has not been completed, the client agrees that the details submitted are accurate Promptmove Limited accepts no responsibility or liability for any misrepresentations by you and you indemnify and hold harmless Promptmove Limited in this respect;

 

15.4.3. Promptmove Limited’s remit does not include the supervision of the property when it is not let, albeit that this service is available at an additional charge.

 

15.5. In the event that your tenant complains of some fault or problem requiring repairs or remediation to the Property and you fail to either carry out the works yourself or do not provide instructions to us within a reasonable period to carry out the necessary repairs works, we reserve the right to charge you a fee to cover our costs in dealing further with the complaint and liaising between yourself and the tenant.

 

15.6. You will be informed of any rent arrears within thirty (30) days of the rent due date or breaches of covenant brought to Promptmove Limited’s attention as soon as reasonably possible, however, if it is necessary for legal action to be taken, you will be responsible for instructing you own legal adviser.

 

15.7. Where the rent is paid as housing benefit, Promptmove Limited will endeavour to ensure that monies paid to the Landlord will not be recoverable by the tenant. However, should the Housing Benefit Department request repayment of any overpayment the Landlord must return the overpayment to Promptmove Limited immediately upon receiving a written request for such.

 

  1. _ References and other background checks

 

16.1. Where we agree to provide references and/or other background checks, these are dependent on a successful reply from the referee or information source, as the case may be. Should any referee or other information source fail to respond, Promptmove Limited cannot be held responsible and no refund will be given.

 

16.2. Promptmove Limited will follow-up with referees and sources for a period of seven (7) working days. After this time we will deem the referee or source as un-contactable and our report to you will be completed without the relevant reference or information. No compensation or refund whatsoever will be offered for an incomplete reference due to unresponsive referees or sources.

 

16.3. If a tenant fails a reference check or other background check, no refund will be given of any fees paid to date, and the full reference and checking service will be deemed as taken.

 

16.4. Promptmove Limited cannot guarantee a time scale for any reference or check regardless of when the tenancy may begin. Should a tenancy begin before a check or reference is complete, no refund will be offered or agreed.

 

  1. _ Guarantors

 

17.1. There may be circumstances, such as a failed or referred credit report, where you might wish to accept a guarantor for the rent as part of accepting a tenant.

 

17.2. We will in all circumstances where there is a failed or referred credit report ask you whether you want to seek a guarantor or withdraw from the application for the tenancy. We will charge the tenant to reference and administer the guarantor.

 

17.3. If you choose to proceed with the tenancy and there is a guarantor, we will provide a Deed of Guarantee for the tenant to sign at no extra cost.

 

17.4. It is your responsibility to ensure that the guarantor signs a Tenancy Agreement and the Deed of Guarantee (where applicable).

 

  1. _ Security Deposit

 

18.1. In every case where we secure an application from a tenant, a security deposit of at least one (1) month’s rent will be requested. You must be certain that the nature and level of deposit is sufficient to meet your expectations, taking into account the information you have about the tenant, the type of tenancy and the risks involved.

 

18.2. It is a legal requirement that the deposit is protected within thirty (30) days of receipt. You must register the deposit with an approved tenancy deposit scheme such as the DPS, Tenancy Deposit Solutions or MyDeposits.

 

18.3. It is your responsibility to register the deposit unless we have agreed as part of our service to do this on your behalf.

 

18.4. You are required in any event to provide the tenant with the prescribed information in accordance with the deposit legislation. There are strict penalties if you fail to do so.

 

18.5. Promptmove Limited is a member of TDS (The Dispute Service). Any deposit dispute will be dealt with according to the terms & conditions set up by TDS.

 

18.6. All deposits collected will be held by Promptmove Limited as “stakeholder” in clients’ deposit account and interest earned on deposits will be for the benefit of Promptmove Limited to cover the cost of administration.

 

  1. _ Inventory

 

19.1. It is your responsibility to ensure that the tenant has a full inventory of all fixtures and fittings within the Property, together with proof and evidence of their condition (as well as the Property itself).

 

19.2. Promptmove Limited can undertake an inventory on your behalf, for an agreed fee. The inventory can be essential in the event of a dispute on check-out.

 

19.3. An Inventory Clerk (‘the Clerk’) will meet with the tenant to discuss and agree the content of the inventory. This will include a schedule of condition and cleanliness and the Clerk take the utility meter readings and list all keys that are being handed over. The tenant will be required to sign the Inventory and this will be sent to you and the tenant.

 

  1. _ Documents we provide to Landlords

 

20.1. The letting documents (including, among other things, our standard tenancy agreement) are for completion by you and are to be used as a guide only.

 

20.2. Promptmove Limited shall not be held responsible or liable or anything contained within these documents and specifically the failure of a tenancy agreement, and you agree to indemnify and hold harmless Promptmove Limited in this regard.

 

20.3. Promptmove Limited hold no responsibility or liability for any disagreements, disputes, damages or expenses incurred due to a landlord and tenant dispute, and you agree to indemnity and hold harmless Promptmove Limited in this regard.

 

  1. _ Legal Compliance

21.1. As a landlord you are subject to a number of legal obligations. It is your responsibility to ensure that you comply with all laws, regulations and requirements relating to Landlords and the letting of property.

 

21.2. These obligations include but are not exhaustive of matters relating to gas, electrical appliances and installations, safety and security, furniture and furnishings, energy performance, building regulations, health and safety, insurance, mortgages and deposits.

 

21.3. Maintenance of the property is the responsibility of the landlord. You should check the maintenance of the property from time to time and act on reports from the tenant immediately to avoid any form of legal action, sanction or legal redemption or penalty as a result.

 

21.4. Promptmove Limited does not accept any responsibility or liability in relation to such obligations and compliance with laws, regulations and requirements in respect of the Property is entirely a matter for yourself.

 

21.5. It is your responsibility to ensure (among other things):

 

21.5.1. all furnishings within the property comply with Fire Safety Regulations;

 

21.5.2. an up-to-date Energy Performance Certificate is held;

 

21.5.3. an up to date landlords’ electrical safety certificate is held;

 

21.5.4. the tenant’s deposit has been placed in a registered Tenancy Deposit Scheme;

 

21.5.5. an up-to-date landlord’s gas safety certificate is held.

 

  1. _ Utility Suppliers

 

Unless we have agreed to provide a utility switching and/or management service, you are wholly responsible for notifying relevant authorities and utility suppliers of the change of occupancy and providing them with any readings or information that they shall require.

 

  1. _ Check-in

 

Unless we agree otherwise:

 

23.1. it is your sole responsibility to make sure the Property is ready for occupation and that you have complied with all the relevant laws, regulations and requirements in advance; and,

 

23.2. you must make sure that you have completed all the requirements and requests of the tenant as part of the tenancy prior to occupation, unless agreed otherwise.

 

  1. _ Accounting for rents

 

You are responsible for collecting and accounting for the rent from the tenant and for making any payments to contractors, HM Revenue & Customs or such other authorities and organisations as they are obligated to do so.

 

  1. _ Insurance and Consent to Let

 

25.1. It is your responsibility to maintain buildings insurance and such other insurances as are agreed as part of the tenancy and/or by law. You must advise the insurer of the intention to let the property. You shall be responsible for complying with the terms of the insurance policy during void (untenanted) periods and to deal with any insurance claims.

 

25.2. You are also responsible for obtaining written consent to let from a mortgage lender, freeholder and/or leaseholder where applicable.

 

  1. _ Renewing the tenancy

 

Promptmove Limited will automatically seek your instructions on the renewal or extension of the tenancy and if so instructed, will renew or extend the tenancy subject to payment our fees.

 

  1. _ Check-out

 

27.1. It is your sole responsibility to make sure that the Property is thoroughly checked and inspected when a tenant vacates the Property. If you have an inventory, you should check this to ensure that you and the tenant are satisfied with the state and condition of the Property and decide whether there is to be any deductions from the deposit.

 

27.2. If there is a dispute, you should try to come to some agreement with the tenant or follow the guidelines and requirements of the approved tenancy deposit schemes.

 

  1. _ Court appearances

 

In the event that a representative of Promptmove Limited is required to attend a court appearance, there will be an hourly charge that we will require you to pay, and we will also require payment of our reasonable expenses.

 

  1. _ Deductions

 

Promptmove Limited are entitled to claim and deduct from the deposit at the termination of the tenancy any costs, fees or expenses owing under to us from you or the tenant (whether or not demanded by us and whether or not specified in these terms or the terms of the tenancy agreement between the landlord or the tenant).

 

  1. _ No conflict

 

You agree to ensure that the terms of any tenancy agreement you supply to the tenant will not conflict with your obligations to us under these Terms, and you will also ensure that so far as is necessary, the obligations of the tenant will reflect your obligations in these Terms.

 

III. Sales

 

You agree to appoint and Promptmove Limited has agreed to act as your estate agent to sell the Property, subject to the terms and conditions below.

 

  1. Definitions

 

In these Terms the following words and phrases shall, unless the context otherwise requires, have the following meanings:-

 

“Completion Date” means the date of completion of the sale of the Property between the Seller and a purchaser;

 

“Exchange Date” means the date at which there is an exchange of binding contracts for the sale of the Property between the Seller and a purchaser;

 

“Fee” means the remuneration payable by the Seller in consideration of the services provided by Promptmove Limited, in accordance with clause 33 below;

 

“Marketing Period” means a period of twelve (12) months, during which Promptmove Limited will market the property for sale;

 

“Property” means the property for sale;

 

“Purchaser” means the purchaser of the Property;

 

“Sale Price” means the final agreed selling price of the Property;

 

“Seller” or “You” means the beneficial owner of the Property;

 

“Services” means the estate agent services to be provided by Promptmove Limited as set out in these Terms;

 

“Term” shall run from the day marketing commences until it is terminated.

 

  1. _ Type of Agency

 

32.1. You and Promptmove Limited will agree the type of agency that will govern the relationship between us.

 

32.2. If we agree Sole Agency, this means you are liable to pay us Fees, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of a property are exchanged with a purchaser:

 

32.2.1. introduced by us during the Marketing Period;

 

32.2.2. with we had negotiations about the property during the Marketing Period; or,

 

32.2.3. introduced by another agent during the Marketing Period.

 

32.3. If we agree Multi-Agency, this means you are liable to pay us Fees, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of a property are exchanged with a purchaser:

 

32.3.1. introduced by us during the Marketing Period; or,

 

32.3.2. with whom we had negotiations about the property during the Marketing Period.

 

32.4. If we agree Joint Sole Agency, this means you are liable to pay us Fees in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of a property are exchanged with a purchaser:

 

32.4.1. introduced by us or the other named joint agent during the Marketing Period;

 

32.4.2. with whom we or the other named joint agent had negotiations about the property during the Marketing Period; or,

 

32.4.3. introduced by another agent during the Marketing Period.

 

  1. _ Our fees

 

Our fees (‘Fees’) will comprise:

 

33.1. our fees, costs and expenses in marketing your Property, payable either upfront or in accordance with clause 2.5 above;

 

33.2. a sales commission, which will be either:

 

33.2.1. a sum equal to an agreed percentage of the sale price fixed on exchange of contracts;

 

33.2.2. a fixed sum agreed between us;

 

payable on exchange of contracts.

 

  1. _ Our service

 

34.1. Promptmove Limited shall market the Property for sale on the open market.

 

34.2. Without prejudice to the generality of clause 24.1, Promptmove Limited shall prepare particulars of the Property, including a written description, video footage and photographs and, once the particulars have been approved by you, Promptmove Limited may include them in its printed advertising materials and add them to its website.

 

34.3. Promptmove Limited shall give you advice on the Property’s value.

 

34.4. Promptmove Limited shall, if requested by you, arrange for an Energy Performance Certificate (EPC) to be prepared for the Property free-of-charge. This must be done prior to marketing. Promptmove Limited will be unable to market the Property unless a valid EPC is available.

 

34.5. Promptmove Limited shall erect and maintain a “For Sale” board outside the Property and shall comply with the Town and Country Planning (Control of Advertisements) Regulations 2007.

 

34.6. Promptmove Limited shall deal with enquiries from potential buyers, arrange and escort viewings and keep you informed of the outcome of all enquiries and viewings.

 

34.7. Promptmove Limited shall take reasonable steps, in respect of any person who has made an offer to buy the Property, to establish the source and availability of that person’s funds for the purchase, and Promptmove Limited shall relay this information to you.

 

34.8. Promptmove Limited shall within five (5) days after being notified of exchange of contracts in relation to the Property submit to you an invoice for the Fees.

 

34.9. Promptmove Limited shall make a member of staff available to you at all reasonable times by telephone and upon reasonable notice during the Marketing Period for the purposes of consultation and advice relating to the Property, and for sales progression support.

 

34.10. We shall obtain and maintain in force during the Marketing Period all licences, permits and approvals which are necessary or advisable for the performance of its duties under these Terms and shall comply with all relevant legislation and guidance.

 

34.11. Promptmove Limited shall act with all due care and diligence and in accordance with sound commercial principles.

 

34.12. Subject as provided in these Terms and to any directions which you may from time to time properly give, Promptmove Limited shall be entitled to perform its duties under these Terms in such manner as it may think fit.

 

  1. _ Negotiations

 

35.1. Promptmove Limited will conduct all negotiations if required on a “subject-to-contract” basis.

 

35.2. You authorise Promptmove Limited to act as selling agents on your behalf during the Term.

 

35.3. You will inform Promptmove Limited of any offers received during the Marketing Period from potential buyers who have not been introduced by Promptmove Limited.

 

  1. _ For Sale Boards

 

36.1. Unless our engagement is multi-agency, you agree not to erect or display any other estate agent’s boards for the duration of the Term.

 

36.2. The ‘For Sale’ boards that we supply remain our property and are provided to you under a revocable licence, which means you have our permission to use the board but we may recover the board at any time on reasonable notice. We will deliver and erect the board for you.

 

36.3. Once the board has been delivered, it is your responsibility to maintain it, but we will (on request and subject to clause 36.4 below) take it down and re-erect it if it is affected by weather conditions or otherwise damaged by a third party.

 

36.4. Promptmove Limited is not liable for the loss of your board or any damage the board may cause, and we reserve the right to impose a reasonable charge for delivery and erection of an board or a loose board sent by post.

 

36.5. We will take down and remove your board on the occurrence of any of the following:

 

36.5.1. your property is sold or successfully let;

 

36.5.2. your property has been listed for a period of twelve (12) months;

 

36.5.3. you ask for your property to be delisted; or,

 

36.5.4. you terminate our services;

 

whichever shall be the earlier.

 

  1. _ Sub Agency

 

Promptmove Limited may appoint a sub-agent and will do so at no extra cost to you. All Fees shall remain payable to Promptmove Limited as if Promptmove Limited had been the primary agent.

 

  1. _ Advertising

 

38.1. You authorise Promptmove Limited to advertise details including, without limitation, the address of the Property, its asking price, photographs and plans of the Property on the Promptmove Limited website, other websites advertising the sale of properties, magazines and newspapers and in any other such media as Promptmove Limited deems in its sole discretion reasonable in order to achieve a sale of the Property.

 

38.2. Promptmove Limited guarantees that your property is listed on the Promptmove Limited website which is www.Promptmove.co.uk. Third party website portals are subject to change, they may not be controlled by Promptmove.co.uk and we do not guarantee continued presence on these websites, although it is the policy of Promptmove Limited to continue to maintain, expand and improve our property portal networks at all times.

 

38.3. Photography and any media created by Promptmove Limited will remain the ownership of Promptmove Limited and will be provided to client after the property’s marketing has ceased at its discretion.

 

  1. _ Regulations

 

39.1. You must by law comply with the Consumer Protection from Unfair Trading Regulations 2008 and (if you are a business) the Business Protection from Misleading Marketing Regulations 2008 (together referred to here as ‘the Regulations’).

 

39.2. You must also ensure that you comply with the law generally concerning the sale of property. For instance, you must provide an EPC for your property, or order a free EPC via Promotmove.co.uk, and we will not list your property on this site unless you have done so.
39.3. The Regulations require sellers not to mislead buyers and to disclose any information of which you are aware in relation to the property in a clear and timely fashion.