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SELLING TERMS AND CONDITION


Welcome to 99home.co.uk, we are required by the Estate Agents Act 1979 to advise you of the information below prior to receiving or confirming your instructions.

These terms and conditions, together with the information that you provide us through our website, forms the basis on which you agree to appoint and 99home.co.uk (99Home Limited) agrees to act as your estate agent to sell the Property (the “Agreement”). Please note that you confirm your acceptance of these terms and conditions by ticking the “accept terms and conditions” box on our website and then clicking the “submit” button.

DEFINITIONS

In these terms and conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:
  • "Completion Date" meaning the date of the completion of the sale of the Property between the Seller and the Purchaser;
  • "Exchange Date" means the date at which contracts for the sale of the Property between the Seller and the Purchaser are formally exchanged;
  • "Fee Option" means the total fees payable in respect of the Services you select (as varied from time to time) (being the Pay Upfront, Pay Later or No Sale No Fee option that you select to pay);
  • "Home Visit" means the visit to the Property made by your local 99Home.com representative following your acceptance of the terms and conditions;
  • "99home.co.uk" means 99Home Limited (a company registered in England and Wales with company number 10469887) and any reference to 'we’, ‘us’, or ‘our’ is a reference to 99Home.com;
  • "Company" means 99Home Limited, trading as 99home.co.uk;
  • "99Home Package" means the package of Services provided by 99home.co.uk for a fixed fee of £99 include VAT;
  • "Combo Package" means the package of Services provided by 99home.co.uk for a fixed fee of £499 include VAT;
  • "HighStreet Package" means the package of Services provided by 99home.co.uk for a fixed fee of £999 include VAT;
  • "No Sale No Fee" means No fee is applicable, if no success (property doesn’t get sold, terms and conditions apply);
  • "Local 99Home Agent" means the person(s) licensed by 99Home to conduct Photography, Floorplanning, Market Appraisals, Accompanied Viewings (applicable for 99Home, Combo and Highstreet products ) and other related services in respect of the Property;
  • "Pay Later" means the amount payable on the earlier of the completion date or 16 weeks after the commencement of the services, whether a sale of your property is completed or not;
  • "Pay Upfront" means the non-refundable payment made for marketing which is minimum of £99;
  • "Market" means the Property is listed for sale on Our Site and/or is listed on any partner/associate Sites by 99Home.co.uk;
  • "Market Appraisal" means the market appraisal service provided by the 99Home.co.uk Associate or Local 99Home.co.uk Agent attending the Property or recommending a guide price for the sale of the Property with help of up to date online tools;
  • "Property" means the freehold or leasehold property to be offered for sale;
  • "Purchaser" means the purchaser of the property;
  • "Sale Price" means the final agreed selling price of the Property;
  • "Seller" means the beneficial owner(s) of the property or person(s) with authority of the beneficial owner(s) of the Property to sell the Property whose name is listed as such and any reference to ‘you’ or ‘your’ is to the Seller;
  • "Services" means the estate agency services to be provided by 99home.co.uk as set out in these terms and conditions;
  • "Success Fee" means the amount payable upon the sale of the property;
  • "Memorandum of Sale" means the document that is signed by both the Purchaser and Seller confirming the terms of an offer for the purchase of the Property which has been accepted, where both parties agree to proceed with the formal aspect of the sale;
  • "Zoopla" means the website at www.zoopla.co.uk owned and operated by Zoopla Property Group Plc, a company registered in England under company number 09005884 and having its registered office at Harlequin Building, 65 Southwark Street, London SE1 0HR;
  • "Gumtree" means the website at www.gumtree.com owned and operated by Gumtree.com Limited, a company registered in England under company number 03934849 and having its registered office at 5 New Street Square, London, EC4A 3TW;

In entering into the Agreement, you hereby warrant that you have the necessary authority, power and capacity to do so and that you are either the beneficial owner of the Property or have the authority from the beneficial owner to sell the Property on these terms. You also warrant that you are not acting in a professional capacity as an estate agent or on behalf (whether as an employee, agent or otherwise) of an estate agency.

Offers

We shall use our reasonable endeavours to notify you of all offers we receive to purchase the Property within 48 hours.
If you accept an offer to purchase the Property, we reserve the right to list the Property as ‘Sold Subject to Contract’ until the Completion Date.

Negotiations

Negotiations are included for Combo and High Street package, however not for (£99) package. For £99, standard package the vendor needs to negotiate the price by himself. However, 99Home.co.uk can assist you if vendor upgrades the package to Combo and High Street.

For Sale Boards

If Combo or High Street package Services selected you to choose to receive a ‘For Sale’ board, you agree that the board needs to be maintained while it is in your possession. It is your responsibility to re-erect it if it is affected by a third party or any weather related conditions. We are not liable for the loss, theft or any damage to the ‘For Sale’ board provided or any damage the ‘For Sale’ board may cause. A charge of £25 if an additional ‘For Sale’ board is required to be sent to you by our supplier.

Direct Marketing

99home.co.uk will not send any direct marketing material or communications where you have chosen to opt-out.
99Home.co.uk may share client data with third parties to perform services on our behalf, however, please note this will not permit such third parties to market directly to You. We will otherwise not pass on any client data to any third parties without your consent.
By registering your details with us, you consent to be contacted directly by 99home.co.uk with reference to any offers or promotions with updates about the Property and/or our service as well as details of any other relevant or related products and services.

Sales Support

If you are a Seller who has accepted an offer from a Purchaser, you will have access to 99Home.co.uk, sales support who will liaise with solicitors, mortgage brokers, and estate agents in order to assist you up to the completion of the sale of the property (not available for £99 deal).
99Home.co.uk Accepts no liability for any loss arising as a result of such communications between the parties.
99Home shall have no liability in respect of any aborted purchases and any associated costs. In the event that a sale of your Property does not complete, 99Home will resume marketing the property at your request for the remainder of the Marketing Period with is depends on the package type.
99Home will take reasonable steps to ensure that all parties are informed of any changes or developments in the sale of the Property, however, you are ultimately responsible for ensuring all parties are aware of any changes or developments. If you, as the Seller, exchange contracts on the Property with a Purchaser you agree to notify 99Home immediately of such an exchange of contracts. Upon receiving notification of the exchange of contracts on your Property, 99Home has the right to remove the Property from the 99Home, Our Site and all Partner Sites.

Photography

It is your duty/responsibility to ensure that the Property is in a good state to be photographed. You must, therefore, please ensure that it is tidied and suitably arranged before the Home Visit by 99home.co.uk associate or agent or contractor.
Photography, floor plan and any other media taken or created by 99home.co.uk will remain to be the property of 99Home.co.uk. Photos and floor plan can be purchased for £99 upon request.
We reserve the right to charge additional reasonable fees in respect of photography completed for your property; e.g. to cover cancellation by you without any advance notice, travel costs for getting to your property, or where the property or properties take longer to photograph due to their size or number (ie 8 bedrooms or more or multiple properties).
Should the images or photo uploaded are conflicted or copied from other places and uploaded on 99home.co.uk, we reserved the rights to remove the advert immediately and no refund will be given to the vendor. Any consequences caused due to copied pictures, unclassified pictures and description or representations the vendor will be solely responsible.

Advertising, Promotion and Website

You authorise 99home.co.uk to promote, advertise details of the Property which including, the address of the property, asking price, photographs and floor plans on our website, our associates or partners websites, and print media in order to achieve a sale of the Property.
We guarantee that the Property will be listed on the 99home.co.uk website until sold or Agreed (subject to the relevant package taken). Third party website portals such as Zoopla.com, Gumtree.com plus many more property portals (Please see the list of our website) are subject to change, may not be controlled by 99home.co.uk You may not upload any of our competitor or corporate or any other logo, image or brand identifier to the Property description or include the same in any image you submit to us.

Discount voucher

Only one discount code may be applied per Property and must be entered when first registering the Property on 99home.co.uk.

Payment of Fees

  • Our Company’s sales fees will be £99 standard package (99home.co.uk), £499 for Combo and £999 for High Street package (Including VAT). This fee is based on a Sole Agency only, while multiple agency services are based on a 1.2 % (Including VAT) fee.
  • Our fees and expenses are payable online when signup. In event of special promotions, we may allow paying our fee upon exchange of the contract however 50 % fees ( In Combo & High Street Package) is required to pay in advance. We may agree with 50 % fees in advance and 50 % on exchange, subject to vendor provided irrevocable instructions to their solicitor to pay us on the exchange date out of the exchange money (or as we may otherwise subsequently agree in writing) and to notify us immediately if your solicitor becomes aware that he is unlikely to be able to do this for whatever reason. In such circumstances, the concessions will of course end, and other arrangements must be discussed with us immediately.
  • All our package (99home.co.uk’s standard package, Combo, HighStreet) fees are inclusive of VAT. Some of our charges and expenses are subject to Value Added Tax regardless of the client’s domicile. (currently 20%)
  • Overdue Invoices: In the event where our (99home.co.uk) commission become due and not get paid within 14 days whether formally demanded or not, the late fee will be applicable. Should the matter become necessary, where we have to use a solicitors/debt recovery to recover agreed fees or expenses, the client will liable to pay the additional sum to cover the cost involved. If an invoice or any part payment remains unpaid for 4 weeks from the date of the invoice then the same shall carry interest from the date of the invoice on a daily basis at the rate of 4 % above the base rate of Barclays Bank Plc from time to time.

Pay Now or Pay Later Fee

Our fees would remain same whether it’s pay in advance or pay at the exchange of contract.

Right to Cancel

The sole agency period will continue until terminated by either party, giving each other fourteen days written notice. If you exercise your right to cancel outside of the 14 day cancellation period all fees owing to us will become due and payable ( remember minimum charges are £99 regardless property get sold or not).
To exercise the right to cancel, you must inform us by sending us an email at info@99home.co.uk or by post to 99Home Ltd, 326 High Road, Willesden,London, NW10 2EN or by phone on  0203 5000 999 , the client ( vendor) must receive an acknowledgement from 99home.co.uk of the request so rights to cancel policy take place ).
You may request that the Services commence during the first 14 days cancellation period. If you subsequently exercise your right to cancel after services have commenced you shall pay us an amount which is in proportion to the Services provided to you until you have communicated to us your right to cancel.

Failed Completion

If a purchaser exchanges contracts but fails to complete the purchase, you will be liable to pay to our Company full admin fee, £99 plus any outstanding charges or expenses and you undertake to give irrevocable instructions to your solicitors to pay such fees and expenses out of any monies that originated from the exchange of contracts.
For this purposes, a purchaser is described as “ready, willing and able” to purchase if he/she is prepared and is able to exchange unconditional contracts for the purchase of your property.

Instructions Withdrawn / Terminated After A Sale Agreed

You will be liable to full admin fee as agreed while instructing 99home.co.uk for marketing of the property ( i.e. Standard Package of £99, £499 Combo, £999 High Street ) to us. In addition to any other charges of expenses, if a ready, willing and able purchaser (as defined above) is introduced by us in accordance with your instructions, but you subsequently withdraw, for whatever reason, and unconditional contracts are not exchanged.

Effects of Cancellation

If you cancel this Agreement within 14 days of accepting these terms and conditions and made payments, we will refund you the payments received from you, after deduction of our standard fee of £99 and any other additional services may have taken.
We will make the reimburse your payments no later than 12 days after the day on which we are informed about your decision to cancel this Agreement.

Personal Interest

Under the Estate Agents Act 1979, we are required to disclose to prospective purchasers any family relationship or business association between you and any of our employees or officers. Where we are aware of such a declarable interest, the relevant disclosure will be made in all sales and marketing particulars. If you become aware of any such relationship, you must notify us as soon as possible with full details. Unless details of any such relationship have been given to us in writing prior to our appointment you confirm that there is none.

Consumer Protection Regulations (CPRs)

Under The Consumer Protection from Unfair Trading Regulations 2008 (known as the CPRs) it is a criminal offence for an estate or letting agent to make or create any doctor photos or use extreme lenses that affect the perspective of the image inaccurate or misleading statements about your property.
Once your property is up in the market, you must inform us immediately of any changes in the information that you provide in respect of the Property.
You are responsible for providing us with accurate information about the Property and must tell us immediately if there is any inaccuracy or misleading information in our sales particulars, adverts and marketing material.

Money Laundering

To comply with Money Laundering Regulations 2007 and the Proceeds of Crime Act 2002. As a result:

  • We need to verify your identity before we can proceed with any work on your behalf.
  • You agree to supply to us a copy of your photo identity such as passport/driving licence and two original utility or bank statements as proof of address.
  • Further documents may be required if these are requested by third parties.

Health and Safety and Viewings

It is important for our agent/representative, you clients ( buyer/vendor) that any viewings or visits to the Property are conducted safely. You must notify us in advance about any relevant information relating to health and safety. While gaining or giving access during sales process and viewings, we highly recommend to check each other's identity i.e. Driving Licence / Passport copy to match whom you are expecting to see while conducting the viewings and dealing onwards. We ‘99home.co.uk’ endeavor to make sure all safety precautions are in place while exchanging the details to relevant parties ( i.e. Full name, phone number, email address, current address, number of people coming to view the property ) however we do not take any liability or responsibility of behaviour / consequence as it is obvious being online estate agents we do not have full control on situations. In brief, we suggest our all clients be aware and show precautions for your own health and safety.

Unattended or Unoccupied property

It is your responsibility to ensure that, where the Property is unoccupied, the property is adequately secured. You will be responsible for all maintenance at the Property and we accept no liability or responsibility for it during the term of this Agreement.

  • Water and heating systems are professionally drained
  • Mains power supply services turned off.
  • A valid insurance cover is put in place.

Exclusion of Liability

Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence (which includes our employees and agents) or fraud or fraudulent misrepresentation.

Data Protection and Privacy Policy

We are registered under the Data Protection Act 1998. We undertake to comply with this Act in all our dealings with your personal data.

Energy Performance Certificates(EPCs)

For English and Welsh property seller must have commissioned an Energy Performance Certificate by the time a property is put on the market.
For Scottish property: A valid Home Report for your property must be provided to us prior to us beginning to market the Property.
99Home Ltd can commission an EPC on behalf of Seller cost which is £79 plus VAT or listed in pricing list.

Additional Property Related Services

It is possible that you and/or the prospective purchaser of the Property may wish to instruct us to arrange in respect of a property related services such as mortgage or other financings, instruction of solicitors, etc... In such circumstances, we or our employees may earn some form or remuneration in relation to those services. We may not able to provide you with details about our commission or remuneration under our policy.

Sub-Agents

We shall be entitled where we consider it appropriate to sub-instruct a number of other selected agents or recognised relocation agents. No cost is chargeable to you for this service and all viewings and negotiations would be coordinated through us. You are not entitled to assign any sub-contract.

Complaints procedure

99Home.co.uk is committed to providing a professional service to all their clients and customers. When something goes wrong, we need you to tell us about it. This complaint or suggestion will help us to improve our customer satisfaction standards. If you have a complaint, please put it in writing, including as much detail as possible. The complaint should be addressed to Vijay Vashistha (The Office Manager) and it should be posted to our registered address or email on info@99home.co.uk . We have eight weeks to consider your complaint. If we have not resolved it within this time you may refer your complaint to The Property Ombudsman, rest details and A full process can be found on our website.

Assurance

You hereby agrees to assure us against any and expenses or costs or liabilities incurred or imposed on us provided that such expenses, costs or liabilities were incurred in our carrying out the range of services which you select on your behalf.

Law and Jurisdiction

This agreement shall be governed by English Law and shall be deemed to have been made in England. Any proceedings arising out of or in connection with this agreement may be brought in any Court of competent jurisdiction in England and Wales whose Courts shall have exclusive jurisdiction. The terms and conditions of this agreement may be varied by us at any time or times but only by prior written notification.
If any term of this Agreement cannot be enforced or is found to be unfair, it does not affect the other terms of the Agreement. We shall have the right to assign this Agreement as long as the rights of the vendor are not materially affected.

Disclaimer: Except where provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, we (including our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this site, or in connection with the use, inability to use, or results of the use of this site, any sites linked to it and any materials posted on it.
We are not liable for any consequences or loss from your use of this website or services.

NOTICE OF RIGHT TO CANCEL THIS CONTRACT

The client (Vendor) has the right to cancel the Contract within 14 calendar days from signing the contract. In order to exercise this right, please post us on 326 High Road, Willesden, London, NW10 2EN. Alternatively, you can email us at info@99home.co.uk or call us on  0203 5000 999 .
* 99home Limited is trading as 99home.co.uk, we are the member of TPO (The Property Ombudsman) and our registration number is D14309 more details can be found on www.tpos.co.uk

PLEASE SIGN AND KEEP THIS FORM FOR YOUR RECORDS:

RE: (Address property to be SOLD………………….)
I/We ( Name………………………../ Address of seller: )
I/We hereby confirm that I/We agree to the Terms of Business and fee structure of 99Home Limited as outlined in this document.
Name: …………………...
Signature: …………………..
Date: ……………………………..


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