Service Agreement

Introduction

We are Griffin Residential Limited. We refer to ourselves using our trading name Emoov.

Griffin Residential Limited ("Emoov") is a company registered in the United Kingdom under company number 09362284 and with registered address at 4 Chester Court, Chester Hall Lane, Basildon, SS14 3WR. Emoov's VAT number is 214208156.

Emoov provides estate and letting agency services to individuals and businesses to facilitate property sales and lets in the United Kingdom (excluding Northern Ireland) and operates and owns the website www.emoov.co.uk.

Emoov is a member of The Property Ombudsman scheme and follows The Property Ombudsman's Code of Practice for Residential Estate Agents, which is available to view at www.tpos.co.uk. Emoov is also registered with The Property Ombudsman's Approved Estate Agents Redress Scheme.

These terms of service cover Emoov customers in England, Wales and Scotland.

These terms of service, together with the Emoov privacy policy and any other terms provided to you by Emoov ('Emoov', 'we' or 'us'), set out the terms of the agreement between you and us under which we will provide the Services to you and make available the use of its website, www.emoov.co.uk ('Our Site'), and the Emoov Later Service (the "Agreement").

When instructing us as agents to sell your property it is a requirement under the Estate Agents Act 1979 that you understand and accept these terms and conditions.

Please read these terms and conditions carefully before you accept and agree to be bound by them. By agreeing to these terms and conditions, your order will be placed with us. If you have any concerns or questions regarding these terms and conditions, then please contact us by telephone at 0345 561 0050 or by email at [email protected].

Definitions

In this agreement, the following words and phrases shall, unless the context otherwise requires, have the following meanings:

• 'Acceptance Date' means the date on which you accepted these terms and conditions;
• 'Associates' means directors, employees, sub-contractors and agents of Emoov;
• 'Extra Products' means any products offered and provided by Emoov and/or another designated third party which are additional to the Emoov Later service;
• 'Extra Services' means any services offered and provided by Emoov and/or another designated third party which are additional to the Emoov Later service;
• 'Completion' means the date on which the legal transaction of the sale of the Property is complete;
• 'Existing Prospective Purchaser' means a person who has expressed an interest in purchasing the Property to the Seller during the three-month period immediately prior to the date of this Agreement;
• 'Sales Consultant' means the person(s) licensed by Emoov to conduct Market Appraisals, and other related services in respect of the Property;
• 'Market' or 'Marketing' means the Property is listed for sale on Our Site and/or is listed on any Partner Sites by Emoov;
• 'Market Appraisal' means the market appraisal service provided by the Emoov Agent appraising the property and recommending a guide price for the sale of the Property;
• 'Marketing Period' means the period of 12 months from the date that Emoov commences the marketing of the Property on Our Site or Partner Sites or until such time as that notice is served that the Agreement is to be cancelled or until such time as the Property Advert is removed or withdrawn by Emoov on Our Site or such Partner Sites. The Marketing Period may be extended in Emoov's sole discretion;
• 'Marketing Price' means the asking price for the Property to be agreed between the Seller and Emoov;
• 'Memorandum of Sale' means the document that is issued 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;
• 'Partner Company/Companies' means companies Emoov work with to provide services.
• 'Partner Sites' means Rightmove, Zoopla and any other website that Emoov decides to partner with to promote the Property from time to time;
• 'Property' means the residential property in the United Kingdom (Excluding Northern Ireland) that you have asked Emoov to appraise or have instructed Emoov to advertise for sale;
• 'Property Advert' means a written description, a floorplan, the photographs the Property taken by one of Emoov's Partner Companies which are used to Market the property;
• 'Purchaser' means the person(s) purchasing the Property;
• 'Qualified' or 'Qualification' means taking reasonable steps to find out from a prospective Purchaser the source and availability of their funds for buying the Property with such information to include whether the prospective Purchaser needs to sell a property, requires a mortgage, claims to be a cash buyer or any combination of these;
• 'Rightmove' means the website at www.rightmove.co.uk, owned and operated by Rightmove Plc;
• 'Seller' means the owner(s) of the Property or the person(s) who is entitled to sell the Property;
• 'Services'means the estate agency services provided by Emoov, which will include as a minimum: the creation of a Property Advert, Marketing of your Property on Our Site and selected Partner Sites (all as more specifically details below and on Our Site), assistance in the negotiation of any offers (as requested) and assistance in progression of the sale of the Property through to Completion;
• 'VAT' means value added tax chargeable under the Value Added Tax Act 1994;
• 'Online Platform/Emoov Account/Dashboard' means the interactive facility on Our Site where you can view details of the Property listings, diary appointments and availability and offer letters through a dedicated account;
• 'Emoov Extra Fee' means the fee (inclusive of VAT) due to Emoov for providing the Extra Services and Extra Products to you (as advertised on Our Site);
• 'Emoov Service' means the Services and any optional extras as identified on Our Site that may be included in the fixed fee that you have selected as part of the ordering process;
• 'Emoov Fee' means the fee (inclusive of VAT) payable to Emoov for the chosen Emoov Later; and
• 'Zoopla' means the website at www.zoopla.co.uk owned and operated by ZPG Plc, a company registered in England under company number 09005884 and having its registered office at The Cooperage, 5 Copper Row, London SE1 2LH.

Instructing Emoov

By appointing Emoov as your estate agent, you confirm and warrant that:

• You have secured the consent and authority of all legal owners, occupiers, and other relevant parties with an interest in the marketing and/or sale of the Property.
• You are a natural person resident in the United Kingdom, a UK-registered partnership, trust, company, or charity. For any other type of organisation, your principal place of business and main activities must be based in the UK.
• You are not subject to bankruptcy, an Individual Voluntary Arrangement (IVA), receivership, administration, liquidation, or any similar insolvency process in the UK or overseas.
• The Property is residential and not commercial. For certain property types—such as park homes, holiday homes, boats, parcels of land, leasehold properties with less than 80 years remaining, or buildings of non-traditional construction— you must purchase a paid upfront service package, as the “Emoov Later” package is not suitable.
• You possess all necessary authorisations and legal documentation (such as powers of attorney, trust deeds, or court orders) to lawfully instruct Emoov.

By instructing Emoov to provide services, you agree to be legally bound by these Terms and Conditions and any additional terms provided from the date of your acceptance (“Acceptance Date”). Our acceptance of your instruction is conditional on satisfactory verification of your identity and the relevant Property details.

Our Services

We will provide the Services to Market the Property for sale and help facilitate the eventual sale of the Property.

The starting point for our products and services is the ‘Emoov Essential’ package, which includes:

• Access to the Online Platform to control viewings, offers and your listing
• Access to a dedicated Account Manager.
• Online Market Appraisal
• Anti-Money Laundering (AML) Check
• Listing your property on the following UK property listing sites and on emoov.co.uk for the Marketing Period unless stated otherwise:
• Rightmove – 1 Month, before reverting to a £25 subscription cancelable at any time.
• Zoopla – 12 Months
• OntheMarket – 12 Months
• 7 Day Featured Listing on Rightmove
• Buyer Verification when an offer is accepted
• No Obligation Conveyancing Quote
• Memorandum of Sale
• Recommendations of conveyancing services, mortgages, removals and other products and services relevant to your move.

You may purchase additional Products and Services and Add-ons offered and as detailed on our Website from time to time, which may include our Premium Upgrade which contains professional photography, floorplan and a walkthrough video, Rightmove and Zoopla premium listings, completion management, DIY for sale board, and the preparation of an Energy Performance Certificate. Such items may be purchased individually or as part of a package, all as detailed and priced on our Website.

Our packages include ‘Emoov Extra’ which includes everything in ‘Emoov Essential’ plus:

• Premium Upgrade, including professional photography, floorplan and video walkthrough
• Premium Listings on Rightmove and Zoopla
• Completion Management

Our packages include ‘Emoov Later’ which includes everything in ‘Emoov Essential’ plus:

• Listing your property on the following UK property listing sites and on emoov.co.uk for the Marketing Period unless stated otherwise or until Sold:
• Rightmove – 1 Month, before reverting to a £25 subscription cancelable at any time.
• Zoopla – Until Sold
• OntheMarket – Until Sold
• Completion Management

Please see Schedule 1 for further information and requirements for Emoov Later.

We will execute the Services diligently and competently, ensuring a reasonable level of care and skill.

Emoov Account

Your Emoov Account provides a secure online platform to:

• View your Property Advert
• Schedule and manage appointments and viewings
• Review and respond to offers
• Communicate with prospective Purchasers and Emoov representatives

You are responsible for checking your Emoov Account regularly for updates and messages.

Market Appraisal

Upon request, Emoov will provide a guide price range for marketing the Property based on expertise, market data, and insights from Partner Sites and the Land Registry. You, as the Seller, remain responsible for determining the Marketing Price.

You may adjust the Marketing Price during the Marketing Period by accessing your property listing in your account dashboard or notifying Emoov through your Account, email, or phone. Emoov will endeavour to update the Marketing Price on all platforms within five business days of your instruction.

You agree and acknowledge Emoov’s guide price does not constitute a formal valuation of the property.

Property Advert

If you choose the Premium Upgrade or “Emoov Extra” package, Emoov will assist in preparing a Property Advert for your review and approval in your Emoov Account. You will have the opportunity to edit or suggest amendments to the Property Advert via the Emoov messaging system, email or telephone.

You are responsible for ensuring all information provided is accurate and not misleading. Under applicable regulations, it is unlawful to provide false or incomplete information about the Property. You agree to:

• Provide accurate and up-to-date information and promptly inform Emoov of 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
• Approve or request edits to descriptions, photographs or floorplans, where we have produced these as part of our Products and Services we provide to you to ensure they are accurate, current and not misleading before publication
• Accept liability for any costs, losses, or damages caused by incomplete, inaccurate or misleading information you provide
• Inform us immediately of any changes in the information that you provide in respect of the property

Emoov reserves the right to withhold publication of any material deemed inaccurate, inappropriate, or non-compliant with applicable laws.

If any information you provide or approve is inaccurate, outdated, or misleading, and we subsequently remove it, no full or partial refund of the Fee will be given.

Emoov accepts no responsibility for any omissions or errors resulting from incorrect information supplied by you, including but not limited to photography and property details.

Marketing Period

During the Marketing Period, Emoov will promote the Property on Our Site and selected Partner Sites. We retain the right to withdraw the advertisement and marketing of the Property from Our Site and/or Partner Sites at our sole discretion.

Third-party websites such as Partner Sites are subject to change, and we do not guarantee the continued presence of the Property on any individual website.

The standard Marketing Period is 12 months from the date the Property Advert is published. Emoov may extend this period at its sole discretion. Any period on a marketing break counts towards use of your Marketing Period.

Viewings

Viewings are arranged through your Emoov Account. You will be notified of viewing requests immediately.

You must respond promptly to confirm, reschedule, or decline viewing requests. Emoov reserves the right to withdraw listings from our Website and online property portals if you repeatedly fail to respond.

You are responsible for ensuring the Property is safe for viewings and taking reasonable precautions for personal safety and security. Emoov does not perform background checks on viewers but will conduct AML checks once an offer is accepted.

To report concerning or inappropriate behaviour please contact Emoov.

Offers and Completion

Offers received will be communicated to you immediately via your Emoov Account. You may accept, reject, or reject and negotiate offers directly with prospective Purchasers.

If you receive an offer directly or decide to accept one, you must inform us. This allows us to ensure that the buyer completes all required anti-money laundering checks, provides proof of funds for the accepted offer, and enables us to guide them through the process. Emoov may mark the Property as “Sold Subject to Contract” on all platforms.

Once an offer is agreed, you must promptly provide details of your conveyancer and mortgage provider. If your instructed conveyancer, solicitor or mortgage provider changes before Completion, you must promptly provide us with the updated contact details of your instructed conveyancer or solicitor.

You agree that once we receive confirmation of an accepted offer for the sale of the Property, we may automatically forward your details and those of the prospective purchaser to the conveyancer or solicitor you have instructed.

Before issuing a memorandum of sale, we will carry out the necessary anti-money laundering checks to ensure the purchaser and their offer meet the regulatory requirements for the sale to proceed. You acknowledge that we are not obliged to issue a memorandum of sale or assist with completing the purchase until these checks have been satisfactorily completed.

If you have purchased Completion Management as an Add-On, selected ‘Emoov Extra,’ or chosen ‘Emoov Later,’ you will have access to the Emoov Sales Support Team once an offer for the sale of the Property has been accepted. The Sales Support Team will assist you through to Completion of the sale. You consent to us, or one of our partner companies, contacting your conveyancer, solicitor, mortgage provider, as well as those of the prospective purchaser and any other parties directly or indirectly involved in the transaction.

We will make reasonable efforts to keep all parties informed of any changes or updates regarding the sale. However, it remains your responsibility to ensure all relevant parties are aware of such changes. We accept no liability for any losses arising from communications between the parties involved.

If the sale of your Property does not complete, we will, at your request, relist and resume marketing the Property for the remainder of the Marketing Period.

Photographs

You must ensure the Property is in a presentable condition before photographs are taken. If Emoov arranges photography, the provider will contact you directly to schedule a session.

You acknowledge and agree we will share your personal data (including your contact details) with such third-party provider. If you miss or cancel an appointment on the same day or fail to grant access, you will be charged for any rescheduled visit.

Should you upload your own photographs, they must:

• Accurately represent the Property’s current condition.
• Be owned by you or used with permission.
• Comply with size and format requirements.

Emoov reserves the right to reject or remove any photographs deemed unsuitable or non-compliant.

Uploading photographs that do not comply with this Agreement, the Terms of Use, or the recommended settings will be considered a breach and may result in your Account being suspended or terminated, the property being withdrawn from the market, and, where applicable, a report made to the relevant authorities. We reserve the right to enforce our Terms of Use and this Agreement, which may include requiring you to compensate us for any resulting loss.

To maintain the highest standards of service, all photographs you upload will be reviewed by us before they go live on property portals or our Website. We aim to complete this review as promptly as possible. We also reserve the right, at our sole discretion, to reject any image we deem inappropriate, inaccurate, misleading, or likely to cause distress or embarrassment.

EPCs

In England, Wales, and Northern Ireland, it is a legal requirement to have a valid Energy Performance Certificate (EPC) or to have ordered one before we can begin marketing your property. If you have ordered an EPC, it must be available within 28 days of marketing commencement.

It is your responsibility to check whether your property has a valid EPC by consulting the EPC Register.

In Scotland, a Home Report must be available to potential buyers before marketing can start.

We reserve the right to terminate this Agreement if you fail to provide a valid EPC within 28 days of us starting to market your property or, in Scotland, if you do not provide a valid Home Report within a reasonable timeframe.

If you order an EPC through Emoov, we will arrange this with our provider, who will contact you directly to schedule the survey. You must inform the provider if you are unavailable at the agreed time. If the provider is unable to access the property at the agreed time, you will be responsible for the cost of any re-visit.

Once the survey has been carried out, no refunds will be offered.

For Sale Boards

If you order a ‘DIY For Sale’ board, we will supply the board, post, and fitting equipment. You are responsible for installing and maintaining the board.

The display of ‘For Sale’ boards is subject to regulations and must comply with the following:

• Boards must be placed within the boundary of your property.
• Boards cannot be fixed to street furniture or placed on land or fixtures you do not own.
• External boards require suitable installation conditions, such as:
  • Soft ground (e.g., lawn) at the front of the property.
  • A brick front wall or fence suitable for fixing.
  • A brick wall that can be drilled (rendered walls are not suitable).

Before ordering a board, you must check whether any lease agreements, commonhold statements, or local council regulations restrict the display of boards. Properties in conservation areas, built-up urban areas, or listed buildings may require prior consent. If your property is in a Regulation 7 area, specific approval may be necessary.

If you are unsure, you must contact Emoov for advice before installing a board. You accept full responsibility for any fines or enforcement actions if:

• A board is installed against our advice.
• A board is moved to a location that breaches applicable restrictions.
• You fail to confirm with us about possible restrictions.

You are also responsible for maintaining the board, including re-erecting it if displaced by weather or third parties. Emoov accepts no liability for any damage, loss, or theft of the board or for damage caused by the board. We reserve the right to charge a reasonable fee for a replacement if needed.

Right to Cancel

You may cancel this Agreement at any time. To be eligible for a refund, you must cancel within the 14-day cooling-off period starting from the date you entered into this Agreement.

You can withdraw your Advert at any time by selecting ‘Suspend Listing’ on your property page in the Dashboard and notifying us in writing of your intention to cancel.

If you request that services begin during the cooling-off period and later choose to cancel, Emoov reserves the right to deduct reasonable costs for services already provided. In such cases, we will refund all payments received from you, minus a reasonable amount for any Products and/or Services supplied prior to receiving your cancellation request.

Please note that once photography, floorplans, or marketing activities have commenced, a full refund may no longer be available. Additional Fees may also apply if you wish to reinstate any removed or suspended Advert, Products, or Services.

To cancel, you must notify Emoov in writing no later than 14 days after receiving confirmation of this Agreement. Cancellations made after the cooling-off period will not qualify for a full refund.

If you have selected ‘Emoov Later,’ and we introduce or enter into negotiations with the ultimate buyer of your property before you exercise your right to cancel, our services will be considered fully performed, and the full Fee will remain payable, even if cancellation occurs afterward.

Charges for Services Provided During the Cooling-Off Period

If you cancel during the cooling-off period after we have begun providing services, the following charges may apply:

• Photography, Floorplan, Video Walkthrough: £300
• Virtual Tour: £120
• For Sale Board: £95
• EPC: £110
• Activation of Listing: £75

Emoov’s Right to Cancel

We may end this Agreement and claim any compensation due to us:

• If you have provided us with false or misleading information concerning the property and its sale;
• If you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Products and Services;
• If you materially breach your obligations under either this Agreement or the Terms of Use;
• If you are abusive to prospective buyers or to any of our colleagues, agents or contractors, or if you harass, victimise, or otherwise unlawfully discriminate against any such persons;
• If we reasonably believe you are using your listing with us to gain interest in other properties not listed with us;
• If you require us to take any step which may put us in breach of our legal or professional obligations, including acting unlawfully;

We will give you 14 days’ notice of any such cancellation, unless we are required to cancel it sooner to comply with our legal or professional obligations.

Anti-Money Laundering

We are legally required to conduct anti-money laundering checks on all individuals involved in selling, buying, or letting a property. We are also bound by other legislation aimed at preventing financial crime.

As such:

• We reserve the right to request any information necessary to verify your identity (or that of the person/entity you represent). This information must be provided before we can begin marketing your property.
• We may terminate our relationship with you if you fail to provide the requested information or if we determine that the evidence supplied is insufficient to meet our legal obligations.
• You acknowledge that we may be required to share information with the relevant authorities, without prior notice or liability to you, if we know or reasonably suspect that you (or the person/entity you represent) are involved in money laundering, terrorist financing, or proliferation financing.

Our partner, YOTI, carries out the initial checks on our behalf, and you can complete your YOTI identity verification via your account dashboard. There is no additional charge for completing these identity checks.

Please note: anti-money laundering checks are carried out for each property, and we reserve the right to request updated checks at any time.

Your Responsibilities

You warrant and undertake that you:

• Have entered into the Agreement in good faith and with a genuine desire to engage us to sell your Property;
• Are the sole owner or joint owner of the Property;
• Have the necessary authority, power and capacity to instruct us to list the Property for sale from all owners of the property and will provide evidence of such if required to do so by us;
• Own or are licensed to use any and all intellectual property rights in any content uploaded onto Our Site and that any such content does not infringe any third party's intellectual property rights;
• Will co-operate with any reasonable security checks or requests for information made by Emoov or partner companies from time to time;
• Will notify Emoov if you are not the legal owner of the property you have instructed us to sell or if you are acting on behalf of a company or trust;
• Are allowed to advertise with us at the same time if the Property is being advertised by another estate agency. If you instruct us to advertise the Property and subsequently find that this puts you in breach of your other agent's terms of contract then your listing can be stopped provided you give us at least 48 hours' notice in writing but you will be liable for any costs incurred by us up to that date and may be liable to pay the Emoov Fee in full;
• Will provide Emoov with such information and materials as Emoov may reasonably require (including a home owners report) in order to provide the Services and that such information is in compliance with these Terms and Conditions;
• Will commission an EPC for the Property prior to the marketing of the Property if a valid certificate does not already exist. If a valid EPC does exist you will provide a copy to us within ten business days of the Agreement Date.

Limitation of Liability and Indemnity

Emoov does not exclude liability for death, personal injury caused by negligence, fraud, or any liability which cannot be excluded under UK law.

In all other cases, Emoov’s liability is limited to the Emoov Fee paid. If you have not paid for the Services, our liability shall not exceed £1,000. Emoov is not liable for indirect losses, including loss of profit, business interruption, or damage caused by third-party actions (e.g., viewers or Purchasers).

We will not accept any responsibility for any damage or loss suffered as a result or in connection with the placing and erection of the 'For Sale' board on your Property.

We do not accept any responsibility for any loss or damage caused by a prospective Purchaser visiting the Property. You agree that it is your responsibility to ensure the safety of any prospective Purchaser visiting your Property, and we do not accept any liability in this respect.

Due to the nature of the Services, we do not guarantee that you will receive viewings requests, receive an offer or ultimately complete the sale of the Property. We will not be liable for any losses, claims, damages, costs or expenses suffered or incurred by you or any other person should the Property not sell.

You agree that you will indemnify us and/or our Associates, and keep us and/or our Associates indemnified, from and against all direct costs, expenses, damages and losses, which may be suffered or incurred by us in connection with any third-party claim made against us arising as a result of the Seller's breach of this Agreement or its legal responsibilities.

We shall be liable for any losses you incur as a result of our breach of this Agreement, except where such losses:

• Were not foreseeable: The loss was not obvious and could not reasonably have been anticipated at the time this Agreement was entered into;
• Resulted from events beyond our control: Provided we have taken reasonable steps to mitigate the impact;
• Could have been avoided: The loss could have been prevented had you taken reasonable steps;
• Relate to business use: The loss arises from your use of the Products and/or Services for purposes connected to your trade, business, craft, or profession (including, but not limited to, loss of profit, revenue, reputation, or goodwill).

Nothing in this Agreement shall limit or exclude any liability that cannot be lawfully limited or excluded under English law.

Personal Information

Details of how we handle your personal data are outlined in our Privacy Policy. To deliver our Products and Services effectively, we may need to share certain personal information — such as your name, address, contact details, viewing availability, agreed sale price, and position to proceed — with relevant parties.

It is your responsibility to ensure that all personal information provided through your account Dashboard is accurate and kept up to date.

Complaints

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

Additional Services

We may, at our discretion, introduce you, the buyer, or any prospective buyer to ancillary services, including but not limited to mortgage services, insurance, letting services, conveyancing, property auctions, removals, surveys, and price comparison services for products and utilities. Some of these services may be provided by third-party providers independent of Emoov.

You acknowledge and agree that any decision to engage with such third-party services is made entirely at your own discretion, and there is no obligation or requirement for you to do so. We may receive a referral fee or commission from third-party providers in respect of such introductions. Full details of current referral fees are disclosed in the “Terms & Conditions” section of our Website.

We may also engage third parties to deliver certain Products and Services on our behalf. While we will use reasonable efforts to ensure such third parties deliver services to an acceptable standard, we shall not be held liable for any act or omission of any third-party provider.

Availability of our Website, Products and Services

We regularly update the content on our Website; however, we do not warrant that the Website will always be current, accurate, or free from errors, nor are we under any obligation to update it. We do not guarantee that the Website will deliver any particular level of performance in relation to the sale of your property.

While we shall use reasonable efforts to ensure the continuous availability of the Products and Services, access may occasionally be interrupted, suspended, or contain errors.

We will take reasonable measures to safeguard any Content you submit to us. However, we cannot guarantee that the Online Platform, Products, Services, or Website will be free from loss, corruption, viruses, ‘worms,’ ‘trojan horses,’ or other harmful elements, or protected against interference, hacking, or other security breaches. Emoov reserves the right to remove or suspend all or part of any Content at any time in accordance with these Terms.

You are strictly prohibited from sharing, transferring, or granting access to any login credentials provided to you as part of the Products or Services to any third party acting in a professional capacity, including but not limited to estate agents or letting agents.

For further details, please refer to our Terms of Use.

Governing Law and Jurisdiction

These Terms are governed by English law. Disputes shall be subject to the jurisdiction of the courts of England and Wales, or, if the Property is in Scotland, the Scottish courts.

Changes to This Agreement

Changes We May Make Immediately

We reserve the right to amend this Agreement without prior notice to you in the following circumstances:

• Where the changes are to your benefit, do not place you at a disadvantage compared to the previous version of the Agreement, and do not result in an increase to the cost of the relevant Product or Service;
• To introduce new products or services; or
• Where such changes are necessary to comply with applicable laws, regulations, court decisions, or the requirements of a Relevant Regulator.

In such cases, we will notify you of the changes within 30 days of their implementation.

Changes Requiring Prior Notice

For any changes that may be to your disadvantage, we will provide you with at least 60 days’ prior notice. This notice will explain the reason for the change and how it will affect you.

If you do not agree to a change that is to your disadvantage, you may terminate this Agreement. In such circumstances, we will provide a partial refund of any Fee(s) you have paid, calculated based on the Products and Services delivered to you and the duration for which they have been provided.

Other Important Terms

This Agreement is between you and us. No other party has any rights to enforce its terms, and neither party requires the consent of a third party to vary or terminate it.

A delay in enforcing any provision of this Agreement shall not prevent us from enforcing it at a later date.

If any part of this Agreement is found to be unlawful or unenforceable, the remaining provisions shall continue in full force and effect.

We are not responsible for delays caused by events outside our control. In such cases, we will notify you promptly and take reasonable steps to minimise the impact. If the delay is likely to be substantial, you may terminate the Agreement and request a refund for any Products or Services paid for in advance but not received, less any reasonable costs already incurred.

Schedule 1: ‘Emoov Later’ Terms and Conditions

When Fees Are Payable

Under ‘Emoov Later,’ Fees become due upon Completion if:

• Contracts for the sale of your property are exchanged with (i) a purchaser introduced by us or with whom we have negotiated.

If this Agreement has ended:

• You will not owe Fees if contracts are exchanged with a purchaser introduced by us or with whom we negotiated, provided you have instructed another estate agent and more than six months have passed since the end of this Agreement and the issuance of a memorandum of sale by that agent.
• If no other agent is involved, Fees are not payable where more than 24 months have passed since the end of this Agreement and the exchange of contracts.

Pre-Existing Purchasers

No Fees will be due if the purchaser expressed interest in buying your property within three months prior to this Agreement, provided you notified us of their name and address before entering into this Agreement. Failure to notify us will result in Fees becoming payable.

Payment Terms

You must promptly notify us of:

• Any agreement to sell your property;
• Exchange of contracts;
• Completion; and/or

You must provide the contact details of your legal representative upon instruction and inform us of any changes before Completion.

We will issue our invoice when the memorandum of sale is produced and may send it directly to your legal representative. You agree to instruct them to settle our invoice at Completion.

Where there are multiple sellers, all parties will have joint and several liability for payment, meaning we may seek full payment from any one of them.

Withdrawal Fee

If you cancel within the cooling-off period, you may be liable for costs as outlined in the ‘Right to Cancel’ section above.