Before you agree to sell your property with us, we need to make sure that you understand and accept these terms and conditions.  If you have any questions relating to these terms and conditions, then please contact us either by calling us on 0116 216 2096 or writing to us via email info@heartland-properties.co.uk or through our Website www.heartland-properties.co.uk

To agree to the following terms and conditions, you must be (i) a beneficial owner of the property being sold or have the permission of the beneficial owner to sell the property and (ii) you are not an estate agent operating on behalf of the beneficial owner.  By confirming your acceptance to these terms and conditions, as set out below, you are agreeing to both (i) and (ii) of this paragraph being true.

These terms and conditions, together with the information that you provide us when registering for our services and any products form the basis on which you agree to appoint us, and we agree to act, as your estate agent to sell the property (the “Agreement”).

To confirm your acceptance of these terms and conditions and the formation of your Agreement you will need to read these terms and conditions and tick the “accept terms and conditions” box on our Website.

Definitions

In these terms and conditions, the following words and phrases shall have the following meanings:

Completion Date” means the date of the completion of the sale of the property between you and the Purchaser

Data Protection Legislation means (i) the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.(ii) after 25 May 2018 the General Data Protection Regulation ((EU) 2016/679)(“GDPR“) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (iii) any successor legislation to the GDPR or the Data Protection Act 1998;

Exchange Date” means the date at which contracts for the sale of the Property between you and the Purchaser are formally exchanged

Fees” any amounts you pay for any selected Products

Hosted Viewings Package” means unlimited viewings, subject to fair usage. To be used within the marketing period. Viewings will be carried out by Heartland Properties to prospective purchasers of your Property

Home Visit” means the visit to the property made by your local Heartland Properties representative

Marketing Period” means a period from the date of your Agreement during which time we will continually list your Property until the completion of the sale

Post Code Areas” one of the following postcode districts: LE19, LE9, LE8

Products” means the supply of any of the products/services (other than the Services) as detailed on our Website from time to time and including, without limitation, preparation of an EPC (Energy Performance Certificate), premium photography, premium listings on Zoopla and On The Market and a Home Viewings Package; conveyancing, mortgage broking, hosted viewings; together with such other products as are offered by us for purchase from time to time in connection with the sale of your Property in accordance with these terms and conditions

Property” means the entire freehold or leasehold property to be offered for sale in accordance with these terms and conditions

Purchaser” means the purchaser or prospective purchaser of the Property

Seller”, means the beneficial owner(s) of the entire Property or person(s) with authority of the beneficial owner(s) of the Property to sell the Property whose name is listed on the online registration form and any reference to ‘you’ or ‘your’ is to the Seller

Services” means the estate agency services set out in clause 2 to be provided by us in the Post Code Areas only, in accordance with these terms and conditions

UK Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

us”, “we” or “our” means Heartland Properties

Website” means www.heartland-properties.co.uk

The Services

We shall provide the following estate agency services:

  • Valuation visit
  • Provision of photography services
  • Own Dedicated Team including Local Property Partner, Account Manager, Negotiator and Sales Progressor
  • Regular updates/reviews
  • Property marketing via On The Market and Heartland Properties website
  • Generation of viewings
  • For sale board
  • Provision of floor planning services
  • Heartland Properties to facilitate viewings, negotiations and offers
  • Provision of negotiation services and offer substantiation
  • Sales progression and full management of the sale to completion

(together the “Services” or individually as the context requires).

Sole Agency

As part of our provision of the Services, you are appointing us as your sole agent for the marketing and sale of your Property for 8 weeks from the date of your Agreement when you select the ‘’No Sale | No Fee option’’.  Following the end of this 8-week period, we will continue to market your Property for the remainder of the Marketing Period, but you may also appoint another agent to also market your Property.

Advertising, Photography and our Website

We will advertise your Property (including the address, asking price, photographs, and floor plans) on our Website, Social Media, in magazines and newspapers, and anywhere else we feel will lead to a sale of your Property.

We will always list your Property for sale on our Website.  Third party website portals which we use are subject to change and may not be controlled by us.  We cannot therefore always guarantee continued presence on these websites, however, we try always to maintain, expand and improve our portal networks.

It is your responsibility to ensure that the Property is in a fit state to be photographed. You must, therefore, please ensure that it is tidied and suitably arranged before the Home Visit.

If your Property is particularly remote, we may need to charge you reasonable travel costs to get there. Likewise, if your property takes longer to photograph due to its size or if there are multiple properties, we may charge an additional fee.  Any additional charges will be notified to you when you sign up for the services.

We own the photos that we take of your Property.

If you wish to add your own images to your listing the photograph must be

(i) owned by you or you have permission to use it

(ii)  of the Property

(iii) representative of the Property’s current condition

You may not use your listing with us to gain interest in other properties not listed with us, and you may not upload any corporate or other logos, image or brand identifier to the Property description or include the same in any image you submit to us. We can cancel your Agreement with us if we reasonably believe you are doing this.

You are not permitted to pass, for their use or use on your behalf, any login details we supply to you as part of the Services, to any person who acts in a professional capacity, including but not limited to any estate agent or letting agent.

We regularly update our Website and may change the content from time to time.  Our Website may not always be completely up to date, and we are not obligated to update it.  We cannot guarantee it will be free of errors.

Offers

We shall use our reasonable endeavours to notify you of all offers we receive to purchase the Property within 24 hours of an offer being received by us.

If you accept an offer to purchase the Property, we reserve the right to list the property as ‘Sold Subject to Contract’ in any of the methods we use to advertise properties from time to time, until the Completion Date.

You are obliged to notify us if you agree a sale with a buyer Heartland Properties introduced you to.

For Sale Boards

As part of the Services, you will receive a ‘For Sale’ board. This must be erected at the Property (unless explicitly prohibited by the relevant local authority. We reserve the right to immediately cease the supply of the Services where you fail to comply with the terms of this clause.  The maintenance of the ‘For Sale’ board is your responsibility while it is in your possession.  Further it is your responsibility to re-erect the board if it is affected by weather conditions or by a third party.  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 (to the extent permitted by law).

There is a charge of £30 if an additional ‘For Sale’ board is required to be sent to you.

Where your Property is sold subject to contract we will endeavour to place a ‘Sold’ plaque over the ‘For Sale’ wording on your ‘For Sale’ board.  Upon completion of your sale or termination of this Agreement, we will come to collect the ‘For Sale’ board.  Please ensure the ‘For Sale’ board is available for collection.

Energy Performance Certificates (EPCs)

If your Property doesn’t already have an EPC, you must have ordered an EPC prior to our marketing the Property, and you agree to provide us with a copy of the EPC as soon as it is received.

*We can provide you with an EPC Certificate for a fixed fee of £69 (inc. VAT).

We reserve the right to terminate our Agreement with you if you do not provide us with a valid EPC within 21 days of us beginning to market the Property.

Fees

Except as otherwise stated, we will supply the Services to you free of charge, in the Post Code Areas for the Marketing Period, subject to the terms of this Agreement.

You will have to pay for any Products you have opted to add when you instruct us to list your Property.

Subject to the terms set out, if you chose to cancel our Agreement at any time, we will remove your Property from our Website, portals and other advertising mediums.

Late payment

If any fees due to us remain unpaid more than 10 calendar days following the due date, we reserve the right to charge interest, calculated daily from the due date until payment is made at 3% per annum above the base rate of Barclays Bank PLC until payment is made in full both before and after any judgment.  If we need to use legal representatives or collection agents to recover monies due, you will be required to pay all reasonable costs and disbursements that we incur relating to your late payment.

 

Right to Cancel

You have the right to cancel this Agreement within 14 days of accepting these terms and conditions, in accordance with the Consumer Contracts Regulations 2013, without giving any reason and will be afforded the protections set out below.

To exercise the right to cancel, you must inform us by either calling us on 0116 216 2096 or writing to us via email info@heartland-properties.co.uk or through our Website www.heartland-properties.co.uk. You may use the model cancellation form set out below, but it is not obligatory to use.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

We may terminate the Agreement without liability at any time in the event that you fail to make any payment within 14 days of its due date for payment or you have provided us with any false or misleading information concerning the property and its sale.

If you deactivate your Property any On The Market premium listings product you have purchased will be lost and you will have to pay again to have it reactivated.

Effects of Cancellation

The terms set out below are subject to the terms set out in the clause above.

If you cancel this Agreement within 14 days of accepting these terms and conditions, we will reimburse to you all payments received from you less a reasonable sum for any costs incurred in supplying any products to you prior to our receipt of your request to cancel the Agreement.

We will make the reimbursement without undue delay, and not later than 28 days after the day on which we are informed about your decision to cancel this Agreement.

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.  In any event, you will not incur any fees as a result of the reimbursement.

 

If you cancel the Agreement at any other time, then the provisions contained in the above clause will apply together with any other terms stated to apply on the termination of the Agreement.

 

Cancellations made after 14 day cooling off period

 

If you cancel this Agreement after 14 days of accepting these terms and conditions, any reimbursements will be as follows:

Self Sell – £100.00

Fully Managed – £600.00

No Sale | No Fee – No reimbursement made; however, we will invoice our fair and reasonable costs up to this point at a rate of £250

 

Health and Safety and Unoccupied Property

It is important that any viewings or visits to the Property are conducted safely.  It is essential that we are notified of and provided with all relevant information relating to health and safety and that any documentation and/or measures are in place to manage any risks.

It is your responsibility to ensure that, where the property is unoccupied, the Property is adequately secured, mains services are turned off, water and heating systems are professionally drained and suitable insurance cover is put in place.  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.

Exclusion and Limitation of Liability

Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury caused by our negligence (or the negligence of our employees or agents) or fraud or fraudulent misrepresentation or for any other liability that cannot be excluded or limited by English Law.  Notwithstanding this:

(i)  we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any agreement between us; and

(ii) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £995.

Use of our Website shall be at your sole risk and we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(i)  use of or reliance on any content displayed on our Website; or

(ii)  use of, or inability to use, our Website; or

(iii) any inaccuracies contained on our Website relating to your Property or otherwise.

We are also not responsible for any computer viruses or any other harmful technology issues you experience that result in loss or damage while using our Website.  Use of our Website is subject to our Privacy Policy, Cookie Policy and Terms of Use Policy which are all available to view on our Website.

 

Compliance

We undertake to comply with the terms of the Estate Agents Act 1979 and the Consumer Protection from Unfair Trading Regulations 2008 (“CPR”) where those acts relate to our appointment as your selling agent.

Under the CPR it is a criminal offence for a selling agent to make inaccurate or misleading statements about your property (be they written or verbal), including through the sales particulars, adverts and other marketing, photographs and floor plans.  This includes anything that might give the wrong impression about a Property and includes omitting facts.  This means that:

(i) 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 or any other information that we provide to prospective purchasers and/or their representatives about the Property.  We will ask you to verify certain information and require you to assist us to the best of your knowledge, having made reasonable enquiries where necessary

(ii) you will be responsible for any loss, damage or costs we have to pay in the event that you provide incomplete, incorrect or misleading information

(iii) you shall inform us immediately of any changes in the information that you provide in respect of the Property; and

(iv) we reserve the right not to publish any information that you provide

All information on our Website and provided to potential Purchasers and Sellers directly cannot be guaranteed by us and does not form part of any contract.

 

Money Laundering

We are subject to the Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002, Terrorism Act 2000 and Criminal Finances Act 2017 (the “Legislation”).  As a result:

(i)  we reserve the right to ask you for such information as we require to comply with the Legislation to verify your identity (or the identity of the person/entity that you represent), which must be received before we can proceed with any work on your behalf

(ii)  we reserve the right to terminate our relationship with you if, when requested to provide such information, you fail to do so or we consider that the evidence provided is insufficient to discharge our obligations under the Legislation (or such similar legislation as is in force from time to time); and

(iii)  you acknowledge that we may also be required to provide information to the relevant authorities without prior notification or any liability to you if we know or have a reasonable reason to suspect that you (or the person/entity that you represent) are involved in money laundering or terrorist financing.

 

Data Protection

We undertake to comply with the Data Protection Legislation in all our dealings with your personal data. Please see our Privacy Notice which is available on our website.

 

Direct Marketing

We will not send any direct marketing communications where you have not selected to receive this.

When registering your details with us, you will be asked whether or not you wish to be contacted directly by us with reference to any offers and promotions with updates about the Property and/or our services, Products as well as details of any other relevant or related products and services.

We may share client data with third parties to perform services (including user profiling) 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 consent.

 

Related services

It is possible that you and/or the Purchaser of the Property may wish to instruct us in respect of a related service (including with regard to conveyancing and obtaining a mortgage and otherwise financing the purchase of the property). In such circumstances, we or our employees may earn some form or remuneration in relation to those services and Heartland Properties may share your data with other members of our corporate Group.

 

Complaints

We aim for your sale with us to be trouble free, but if you have any problems with our Service, our complaints policy, a copy of which can be viewed on our Website, sets out how you can make a complaint.

If you are dissatisfied with how we deal with a complaint, you are entitled to refer the matter to Property Redress Scheme within six months of receipt of our final view.

We are members of the Property Redress Scheme. Please note that The Property Redress Scheme will only review complaints made by consumers. You agree that we may disclose information relating to the sale of the Property to the Property Redress Scheme if the Property Redress Scheme asks us for it.

 

 

General Terms

 

Indemnity

You hereby agree to indemnify us against any and all reasonable and direct costs, expenses or liabilities incurred or imposed on us provided that such reasonable and direct costs, expenses or liabilities were incurred in our carrying out the range of services and/or Products which you select (from time to time) on your behalf.

 

Assignment

You are not entitled to assign, sub-contract or otherwise dispose of any of your rights or obligations under this Agreement without our prior written consent.

 

Force Majeure

Neither you nor we shall be liable under or in connection with these terms and conditions to the extent that such liability arises as a consequence of any event of circumstance or cause beyond the reasonable control of that party.

 

Connected Persons

We are not aware of any personal interest existing between us or anyone in our employment or any connected person(s) of an employee, director or shareholder of us and you. If you are or become aware of such an interest, you should notify us immediately.  For the purposes of this clause, a “connected person” means a family member of an employee, director or shareholder of Heartland Properties (that is, that persons spouse, civil partner, any person with whom that person lives with as a partner in an enduring family relationship, a child or stepchild of that person, a child or stepchild of that persons’ partner (if living with that person and under the age of 18), or that person’s parents).

 

Notices

Any notice given in connection with the Agreement shall be in writing and may be delivered by e-mail (unless otherwise notified) to, in our case, our e-mail address info@heartland-properties.co.uk and, in your case, to the address given when you submitted your details on the Website.

Any notice or communication shall be deemed to have been received:

(a) by email, at 9.00am on the next business day after transmission

This clause does not apply to the service of any proceedings or other documents in any legal action, or where applicable, any arbitration or other methods of dispute resolution.

Severance

If a court rules that any provision of these terms and conditions is invalid or unenforceable, this will not affect the rest of the Agreement, which shall remain fully in force.

Rights of Third Parties

This Agreement is between you and us.  No other person shall have any rights to enforce any of its terms.

Entire Agreement

This Agreement (together with any documents referred to in it) constitutes the entire agreement between us and you and supersedes all prior agreements or communications between the parties.  Any amendment to this Agreement will only have effect if it has been made in writing by a Director of Heartland Properties.

Law and Jurisdiction

The Agreement is subject to English law and jurisdiction