Terms and Conditions Emoov Later Terms of Service

Emoov Later Service

- Standard Commission Rate: £895

The above commission rate is a flat fee inclusive of VAT.

Multiple Agency

- 1.5% of the final sale price plus VAT.

The above rates will be applied accordingly depending on your choice at the time of completion.

By agreeing to these terms, the vendor:

1. Instructs and appoints Emoov to act as Estate Agents in relation to the sale of the property upon the Terms of Service below.
2. Agrees to grant Emoov sole agency as defined in our Terms of Service below for a period of 16 weeks from the date of this agreement (see item marked 'period of sole agency' below).
3.In the event that the property is in co-ownership, I warrant that all and any such co-owners have given me authority to agree to these terms and conditions.
4.Acknowledges vendors are only able to advertise one Emoov Later listing per account at any one time, and is unable to be used for the following properties: caravans & mobile homes, plots of land, development projects, and buildings of non-traditoinal construction. Emoov reserve the right to refuse properties submitted under Emoov Later.

TERMS OF SERVICE

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 601 London Road, Westcliff-on-Sea, Southend-on-Sea, SS0 9PE. 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]

1. INSTRUCTING EMOOV

1.1
By instructing us as a Seller, you confirm that you are doing so with the knowledge, consent, and agreement of all the legal owners, occupiers, and individuals with an interest in the marketing and/or sale of the Property.
1.2
By instructing Emoov to perform the Services, you agree to be legally obligated by these Terms and Conditions (along with any other referenced documents) when you provide the instruction at checkout on the Acceptance Date.
1.3
Our acceptance of your instruction is contingent upon receiving satisfactory verification of the Sellers' identities and information about the Property.

2. OUR SERVICES

2.1
We will provide the Services to Market the Property for sale and help facilitate the eventual sale of the Property, subject to the add-ons chosen. This includes:
- Access to the Online Platform.
- Access to a dedicated Account Manager.
- Professional photography of your property.
- Producing floor plans & an advert for your property.
- Production of a video walkthrough for your property.
- 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 – 12 Months
  - OntheMarket – 12 Months
- Access to a UK-based property support team for the duration of this Service Agreement.
2.2
We will execute the Services diligently and competently, ensuring a reasonable level of care and skill.

EMOOV ACCOUNT

2.3
As part of the Services, you will be granted a Emoov Account where you can: view details of the Property listing; arrange appointments and viewings; view offers; and communicate with prospective Purchasers.
2.4
You must regularly check your Emoov Account for updates including messages and appointment or viewing requests in relation to the Property.

MARKET APPRAISAL

2.5
Prior to accepting these terms and conditions a Emoov Agent must have conducted an online Market Appraisal via a telephone appointment.
2.6
The Emoov Agent will provide a suggested price range for marketing the Property for sale. This guide price is determined based on the Agent's expertise, as well as national and regional property market trends. Various sources, including Partner Sites and the Land Registry, are consulted to gather relevant data. Ultimately, the decision to set the Marketing Price in the Property Advert rests with you, the Seller. You have the option to adjust the Marketing Price by informing us via email or telephone at any point during the Marketing Period. Upon receiving your notification, we will make reasonable efforts to update the Marketing Price on Our Site, and any Partner Sites within five days.
2.7
You agree and acknowledge that the guide price provided by the Emoov Agent during or following the Market Appraisal is not a valuation of the Property.

PROPERTY ADVERT

2.8
Emoov will help create a Property Advert for the Property and upload it to your Emoov Account. You will be notified by Emoov as soon as the Advert is available for approval and you will have the opportunity to edit or suggest amendments to the Property Advert via email or telephone.
2.9
You are responsible for ensuring that all descriptions, photographs, floor plans and information uploaded and/or used in any advertising and marketing are accurate, current and are in no way misleading.
Where we produce any description, photograph, or floor plan as part of the Services we provide to you, we will ask you to approve such description, photograph and/or floor plan by providing your approval for the Advert to ensure that they are accurate, current and not misleading. If any of the information you provide or approve is, or is found to be inaccurate, not current, or misleading it will be removed immediately.

MARKETING

2.10
During the Marketing Period, we will promote the Property for sale on our site as well as selected Partner Sites that we believe are most effective in attracting potential Buyers. We retain the right to withdraw the advertisement and marketing of the Property from Our Site and/or Partner Sites at our sole discretion.
2.11
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.

VIEWINGS

2.12
It will be your sole responsibility to conduct viewings for prospective Purchasers and we assume no responsibility in this respect. You will be notified immediately via the website when a viewing is requested and all details including the viewers name along with the date and time requested will be available via your dashboard.

OFFERS

2.13
All offers are immediately reported as they are made via our Online Platform.
2.14
You will be able to view all offers in your Emoov account and communicate directly with the prospective Purchaser. You will get a choice whether to accept the offer, reject the offer, or reject and negotiate.
2.15
Upon agreeing the sale of the Property with any Purchaser, you must promptly provide us with the contact details of your instructed conveyancer or solicitor and your 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.
2.16
You confirm that once we receive confirmation that an offer for the sale of the Property has been accepted, we can automatically forward your details and the details of the prospective Purchaser to the conveyancer or solicitor who you have instructed.
2.17
If an offer for the sale of the Property has been accepted you will have access to the Emoov Sales Support Team who will assist you up to the Completion of the sale of the Property. You hereby consent to us, or one of our partner companies, contacting your conveyancer, solicitor and mortgage provider and those of the prospective Purchaser and any other parties involved directly or indirectly in the sale of the Property.
2.18
We will make reasonable efforts to keep all parties informed about any changes or updates regarding the sale of the Property. However, it is your ultimate responsibility to ensure that all parties involved are aware of any such changes or developments. We do not assume any liability for any losses that may occur as a result of communications between the parties.
2.19
In the event that a sale of your Property does not complete, we will resume marketing the Property at your request for the remainder of the Marketing Period.

REVIEWS

2.20
Emoov may reach out to you after the initial four weeks of the Marketing Period. The purpose of this contact is to provide you with suggestions for enhancing the effectiveness of the Property's marketing and to review your Property Advert. It is important to note that you are not obligated to implement these recommendations. However, you will be expected to engage in constructive discussions with Emoov. If the Property remains unsold, we may regularly communicate with you to offer additional suggestions aimed at maximizing the Property's marketability.
2.21
If Emoov receives consistent feedback from prospective Purchasers that suggests the Marketing Price is too high to result in a sale or if the Property receives little interest from prospective Purchasers, Emoov will contact you to review the Marketing Price of the Property. We reserve the right to withdraw the property, where in our sole discretion, we consider that it is unreasonable to continue marketing the property in consideration of the feedback received from prospective Purchasers. No refund of any fees paid to Emoov will be available if we withdraw under these circumstances and cancellation fees may apply.

3. ADDITIONAL SERVICES

EXTRA SERVICES AND EXTRA PRODUCTS

3.1
You may choose to purchase or opt-into one or more of the Extra Services and/or Extra Products below in addition to the Services provided in your Package.
3.2
You may purchase one or more of the Extra Services and/or Extra Products above either as part of your original order or as a subsequent purchase through your Emoov account. If you make a subsequent purchase, that purchase will constitute a variation to your contract with us and will be governed by the terms and conditions of this Agreement.

CONVEYANCING

3.2.1
Emoov work with a number of conveyancing partners to provide a comprehensive conveyancing service. Upon instruction, together with a selected partner, Emoov will provide a no-obligation conveyancing quote. Should you not wish to receive this quote, you must notify Emoov in writing at the time of instruction.

PREMIUM & FEATURED LISTINGS

3.2.2
A Rightmove Featured Listing is an additional product that can be acquired at an extra expense by contacting a member of the Emoov team. This Featured Listing is provided by our Partner Site, Rightmove, and for more details about the product, you should refer to Rightmove directly. It is important to note that the cost of this Extra Product is non-refundable, save on accordance with our cancellation policy.
3.2.3
A Rightmove Premium Listing is an additional product that can be acquired at an extra expense through your Emoov account after agreeing to these terms and conditions. This Premium Listing is provided by our Partner Site, Rightmove, and for more details about the product, you should refer to Rightmove directly. It is important to note that the cost of this Extra Product is non-refundable, save on accordance with our cancellation policy.
3.2.4
A Zoopla Premium Listing is an additional product that can be acquired at an extra expense through your Emoov account after agreeing to these terms and conditions. This Premium Listing is provided by our Partner Site, Zoopla, and for more details about the product, you should refer to Zoopla directly. It is important to note that the cost of this Extra Product is non-refundable, save on accordance with our cancellation policy.

FOR SALE BOARDS

3.2.5
You will have the option to include a For Sale board as part of your service. If chosen, you give permission for us to arrange for a 'For Sale' board to be delivered to the Property. It is your responsibility to handle the installation of the 'For Sale' board.
3.2.6
You are only permitted by law to display one 'For Sale' board at the Property and therefore you agree that whilst a Emoov 'For Sale' board is displayed, no other boards will be erected at the Property.
3.2.7
It is your responsibility to remove the 'For Sale' board once the property is sold or is withdrawn from the market and is removed from public display no later than 14 calendar days after the sale of the Property.
3.2.8
The erection of a For Sale board is subject to the 'Town and Country Planning (Control of Advertisements) Regulations 2007'. In certain circumstances, you may not be able to erect a For Sale board under these laws. If these circumstances arise, Emoov are unable to refund the cost of the 'For Sale' board.

ENERGY PERFORMACE CERTIFICATE

3.2.10
It is a legal requirement to have an Energy Performance Certificate in place or commissioned before we can advertise the property. You may already have one in place depending on when you bought the property. However, if there have been any major works carried out, windows replaced or boiler replaced, this does require updating.
3.2.11
You can request an EPC from one of our nominated partners by purchasing it at an additional cost as an Extra Service through your Emoov account.
3.2.12
We will place an order with the provider who will liaise directly with you to arrange a suitable time to carry out the survey. You must notify the provider if you are not available at the agreed time. If the provider attends the appointment but is unable to enter the property at the agreed time, you will be liable for the cost of any subsequent visit by the provider.

VIRTUAL TOUR

3.2.13
You will have the option to include a virtual tour in place of a video walkthrough. This is available for an additional cost of £120, payable upon instruction. Or upon the point of request.

OTHER SERVICES

3.2.14
Emoov reserve the right to offer additional services to sellers, any prospective purchaser or to any other seller or purchaser involved within a chain of sales with this property. Including:
- 1.
  To offer insurance and mortgage services
- 2.
  To value the Purchaser's property (or any other in the chain of sales)
- 3.
  To offer for sale the purchaser's property (or any other property in the chain of sales)
- 4.
  To carry out a survey on the purchaser's property (or any other chain in the sale)
- 5.
  Or to offer any of the above services via any connected persons of this Estate Agency
3.2.15
It is entirely the Sellers and prospective Purchasers decision on whether they wish to be introduced and then instruct any of our selected partners. Should you not receive such introductions you must inform Emoov in advance in writing. Should you choose to instruct any of our selected partners, you should know that we would receive a commission/referral fee from our selected partners for recommending Sellers and prospective Purchasers.

4. EMOOV LATER

PERIOD OF SOLE AGENCY

4.1
Emoov are instructed as sole agency for a period of sixteen weeks from the date set out above.
4.2
You will be liable to pay the Emoov Fee, in addition to any other costs or charges agreed, including any administrative costs incurred in collecting the unpaid Emoov Fee, if at any time unconditional contracts for the sale of the Property are exchanged With a purchaser introduced by us during the period of our sole agency or with whom we have had negotiations about the property during that period.
4.3
You will be liable to pay Emoov's Multiple Agency Fee if a purchaser is introduced by another Agent during the period of sole agency.
4.4
You will be liable to pay the Emoov Multiple Agency Fee, or a proportion of it which represents the costs incurred by Emoov in delivering the Services to you, should you agree to Market the Property with any other estate agent during the Sole Agency Period after the Acceptance Date.
4.5
Following the end of the sole agency period, you will be liable to pay the standard commission rate only in the event of a purchaser being found by Emoov.

PRIVATE SALES

4.6
Should the property mentioned above be sold privately Emoov reserve the right to know the name and address of the buyer and address of the buyer together with the name and address of the Solicitors or Legal Representative acting on behalf of both the Vendor and Purchaser. If this information if nor forthcoming, then commission as mentioned over will be liable to be paid on exchange of contracts of this sale.

EXISTING PROSPECTIVE PURCHASER

4.7
You must inform us of any Existing Prospective Purchaser known to any Seller in writing to [email protected] prior to accepting these terms and conditions including the address of the Property being sold and clearly stating the full names and addresses of each Existing Prospective Purchasers.

5. FEE STRUCTURE AND PAYMENT

5.1
The Fee for your chosen Emoov Later service appears at the start of this agreement.
5.2
The fees set out above will be earned by Emoov in the event of them being instrumental either directly or indirectly in introducing a person who exchanges contracts to purchase the Freehold or Leasehold interest of the mentioned property.
5.3
The Emoov Fee fixed fee that will not vary whatever sale price is agreed with the Purchaser at Completion.
5.4
Should you select one option but change your mind later, for example, initially instructing us a sole agent, but at the time of completion have multiple agents instructed, you will be subject to the appropriate fee relating to the conditions of your sale at the time of completion.
5.5
Please refer to the Clauses 4.2, 4.3 and 4.5 for further details at when the Emoov Fee is payable.
5.6
You agree to notify us promptly on the occurrence of each of the following events, including details relating to the parties involved and the timing:
- you agree to the sale of the Property with any Purchaser,
- unconditional contracts for the sale of the Property are exchanged; and
- upon Completion of the sale of the Property.
5.7
We will generate an invoice for the Emoov Fee upon issue of the Memorandum of Sale, and it will be due for payment upon the completion of the Property's sale. By agreeing to this Clause 5, you acknowledge your responsibility to promptly pay the Emoov Fee. Failure to adhere to the payment terms outlined in this Clause will result in the accrual of interest at an annualized rate equal to the Lloyds Bank Base rate plus 4%. If the Emoov Fee remains unpaid for a period exceeding 60 days, Emoov reserves the right to engage third-party entities to initiate collection procedures for the outstanding debt. Therefore, please ensure that if payment is made by your solicitor or Legal Representative, that payment is made within these Terms of Service.
5.8
You give us authority to submit our invoice the Emoov Fee and any other amounts due to us to your instructed conveyancer or solicitor following exchange of contracts and you further warrant that you shall give authority to and instruct the conveyancer or solicitors acting on your behalf on the sale of the Property to pay the Emoov Fee to us immediately upon Completion.
5.9
If the Property is part exchanged with other premises, the Emoov Fee will be payable in full on the day that Completion takes place.
5.10
If the Seller of the Property is more than one person, all such persons will be liable for payment of the Emoov Fee and other such amounts owing under this Agreement and such liability will be joint and several, meaning that we may apply to any of the persons who are Sellers to individually pay the full sum owing in fees costs and any agreed expenses.
5.11
Any payment obligation(s) that arise before termination of this Agreement (including, without limitation, the obligation to pay the Emoov Fee in respect of introductions arising in the sole or multiple agency periods pursuant to Clauses 4.2, 4.3 and 4.5) shall survive termination of the Agreement.
5.12
You will not be liable to pay us the Emoov Fee where a Purchaser is an Existing Prospective Purchaser and, prior to accepting these terms and conditions, you have notified us of the name and addresses of that prospective Purchaser. 
5.13
You will not be liable to pay us the Emoov Fee where a Purchaser was introduced after the sole agency period by another estate agent and at no time used any of the Services provided by us.
5.14
If you have cancelled the contract and instruct another estate agent to sell the Property, you shall remain liable to pay the Emoov Fee if a Memorandum of Sale is issued by another agent to a Purchaser that we have introduced within 6 months of the date this Agreement was terminated and where a subsequent exchange of contracts takes place with that Purchaser. If no estate agent is involved in the transaction this time limit shall extend from 6 months to two years.
5.15
Please note that you may be liable to pay more than one estate agency fee if you have previously instructed another agent to sell the Property on a sole agency, joint sole agency, or a sole selling rights basis. It is your responsibility to check the terms and conditions of any estate agency contract that you have previously entered into.
5.16
The Emoov Fee and Emoov Later service is based on the marketing and promotion of one property. Only one property per account can be advertised at any one time using the Emoov Later service. If you want Emoov to market multiple properties using the Emoov Later service, please contact [email protected]
5.17
Only discussions relating to the sale of the Property may be had on the Online Platform. Breach of this clause will result in a warning, and subsequent breaches will result in termination of the agreement and additional charges for separate property advertising.

EXTRA FEES

5.18
Extra Fees will vary depending on which products and services you order and can be found on Our Site. You can purchase additional Extra Services and/or Extra Products at any time during the Marketing Period through your Emoov account.
5.19
Extra Fees for Extra Services and Extra Products will be payable immediately on purchase unless included as standard in your service.
5.20
If you cancel this Agreement in accordance with Clause 6 and you have purchased any additional Extra Services and/or Extra Products you may be entitled to limited refunds in respect of Extra Fees.

6. CANCELLATION

YOUR RIGHT TO CANCEL

6.1
You can cancel this Agreement at any time within 14 calendar days of the Acceptance Date (the 'Cancellation Period') by sending us your decision in a clear statement by letter or email.
6.2
Following the Cancellation Period you can terminate this Agreement at any time by clicking 'Suspend Listing' or 'Withdraw Listing' in your Emoov account after the Minimum Term by providing us with 14 days' notice contained in a clear statement by letter or email. Please note that such notice may be given 14 days prior to the expiry of the Minimum Term such that termination of the Agreement will occur immediately thereafter.
6.3
We may amend or withdraw any or all of the Services, Extra Services or Extra Products by writing to you and providing at least 14 calendar days' notice in advance of such amendment or withdrawal. Upon receiving our notice to you of the amended or withdrawn Services, you shall have the right to terminate this Agreement by giving 14 calendar days' notice in writing to us that you wish to end this Agreement.
6.4
When you enter into this Agreement, you agree that Emoov may begin to provide you with the relevant Products and/or Services during the initial 14-day period. As a result, if you notify us of your intention to cancel this Agreement after we have begun to provide you with the relevant Products and/or Services you will be liable to cover the costs incurred by Emoov for these services. These costs are outlined as follows:

Service	Cost
Photography, Floorplan, Description and Video Walkthrough	£300
Virtual Tour	£120
For Sale Board	£120
EPC	£110

EMOOV'S RIGHT TO CANCEL

6.5
We may terminate this Agreement at any time by providing you with 7 days' notice.
6.6
We may terminate this Agreement with you at any time in writing if you do not, within ten business days of the Agreement Date, provide us with information that it necessary in order for us to provide the Services in full (including but not limited to information requested to verify your identity and your ownership of the Property and evidence that a valid EPC certificate exist or has been commissioned).
6.7
If we discover that you have breached your warranties at Clause 8.6 and we subsequently decide to terminate this Agreement, you shall be liable to pay us liquidated damages (plus administration costs for recovery) of £250 to cover the costs that we have incurred in performing services for you under this Agreement. You agree that these damages are a genuine pre-estimate of the minimum likely costs that we have incurred and are not a penalty. The payment of such liquidated damages does not exclude our right to bring a further claim for general damages if we have suffered further losses.
6.8
For the avoidance of doubt, a change to the Marketing Price does not constitute an amendment to this Agreement.

7. LIMITATION OF LIABILITY AND INDEMNITY

7.1
We do not exclude or limit in any way liability for death or personal injury caused by our negligence or the negligence of our Associates, fraud or fraudulent misrepresentation; or breach of any terms implied by the Supply of Goods and Services Act 1982.
7.2
If we fail to comply with these terms and conditions, our liability to you shall not exceed the price you have paid for the Services. if you have not paid for the Services, our liability shall not exceed £1,000. Our liability shall not in any event include business losses such as loss of data, loss of profits, loss of contracts or business interruption.
7.3
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.
7.4
We do not accept any responsibility for any loss or damage caused by a prospective Purchaser visiting the Property.
7.5
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.
7.6
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. 
7.7
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.

8. GENERAL

PROPERTY DESCRIPTION

8.1
You have a legal obligation to disclose any pertinent information regarding the Property in a clear, understandable, and timely manner. You agree to fulfil this responsibility by providing accurate and non-misleading information, ensuring that no material details are omitted that could influence an average consumer's decision regarding the Property transaction. In the case of a leasehold property, you must supply details regarding service charges, ground rent, the remaining lease term, and any noteworthy lease conditions.
8.2
You recognise and consent to the fact that it is your duty to thoroughly review your Property Advert and inform us of any inaccuracies or omissions before the Property is listed on the market. If you discover any such inaccuracies or omissions while the Property is already listed, it is imperative that you promptly notify us immediately.
8.3
Should you find any marketing material promoting the Property to be inaccurate or misleading, it is essential to notify us promptly. We will promptly assess the relevant material and take necessary measures to rectify any inaccuracies. Please be aware that promotional material for the Property is subject to modification at any time.
8.4
If we are notified or made aware of information or material provided by you that infringes a third party's intellectual property rights we have the right to remove the Property from Our Site and Partner Sites immediately.

OWN PARTICULARS

8.50
You have the option to provide your own property particulars. Including: professional photography, professional floorplan, property description, and a professional accompanying video or virtual tour. These must be of a high and professional grade quality, and are subject to Emoov's approval.
8.50
Should your own particulars not meet Emoov's requirements, Emoov will contact you to inform you. At which point, you can supply additional property particulars, or choose a different service.

YOUR RESPONSIBILITIES

8.7
You warrant and undertake that you:
1. I. have entered into the Agreement in good faith and with a genuine desire to engage us to sell your Property;
2. II. are the sole owner or joint owner of the Property;
3. III. 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;
4. IV. 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;
5. V. will co-operate with any reasonable security checks or requests for information made by Emoov or partner companies from time to time;
6. VI. 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;
7. VII. you 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;
8. VIII. 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 Clause 8.1 of these Terms and Conditions; and
9. IX. 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.

ANTI-MONEY LAUNDERING CHECKS

8.8
We are required by law to carry out anti-money laundering checks on all those selling a property. It's our responsibility to ensure checks are carried out properly and correctly and for ongoing monitoring.

INFORMATION PROVISIONS

8.9
We must carry out due diligence on all customers and you agree to provide us with any documentation that we may require for these purposes. In the event that we are unable to verify your identity and cannot comply with our obligations under the Money Laundering Regulations 2017, we shall be entitled to terminate the Agreement with you immediately, without notice or liability to you, and cease to provide the Services with immediate effect. We may also have to cease to act without explanation in certain circumstances and we will not be liable to you for any liabilities losses, costs or expenses suffered by you in such circumstances.

APPLICATION OF THESE TERMS

8.10
Neither you nor we exclude our liability for misrepresentation. If we already have an Agreement with you and we enter into another agreement in relation to the same subject matter, the new agreement will supersede and replace this Agreement.

CLIENT CARE

8.11
If you have concerns with regard to the manner in which your instructions are being handled and you do not wish to raise these with the person dealing with your matter, then please contact our office at Marsh House Farm, Lower Burnham Road, Chelmsford, Essex, CM3 6HQ or by telephone 0345-561-0050 and we will provide you with a copy of our complaints handling procedure.
8.12
In the event that any complaint cannot be resolved with us directly, please be aware that we are registered with the Property Ombudsman Scheme which provides consumers with a free, impartial and independent alternative dispute resolution service.

EMOOV PROPRIETARY RIGHTS

8.13
You acknowledge and agree that we and/or our licensors own all legal right title and interest in and to Our Site.

APPLICABLE LAW

8.14
The Agreement is governed by English law, and subject to Clauses 8.9 – 8.10 and Appendix 2, we agree to submit to the exclusive jurisdiction of the English courts.

APPENDIX 1 – DEFINITIONS

In these terms and conditions, 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;

'Minimum Term'
means the initial sixteen-week period following the Agreement Date during which Emoov shall market the property on a sole agency basis;

'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, a company registered in England under company number 6426485 and having its registered office at Turnberry House, 30 Caldecotte Lake Drive, Caldecotte, Milton Keynes, MK7 8LE;

'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;

'Sole Agency Basis'
means you agree to appoint Emoov as the sole and exclusive estate agent to advertise and Market the Property.

'VAT'
means value added tax chargeable under the Value Added Tax Act 1994;

Online Platform/Emoov Account
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.

APPENDIX 2 – SCOTLAND

If your Property is in Scotland, the Terms and Conditions above shall be amended as set out below.

1. Interpretation

A. "Completion" shall be construed as "settlement".
B. "Exchange of contracts" (and references to "exchange" or "contracts" in this context) shall be construed as "conclusion of missives".
C. "Memorandum of Sale" shall be construed as "formal offer".
D. In the event of any conflict between the terms in this Appendix 2 and the Terms and Conditions, the terms in this Appendix 2 shall prevail.

2. Home Report

A. For most residential property transactions in Scotland, it is a legal requirement (under the Housing (Scotland) Act 2006) to have a Home Report for the Property before we can Market the Property.
B. You can commission a Home Report from one of our nominated partners by purchasing it at additional cost as an Extra Service by contacting Emoov via telephone or email.
C. You acknowledge and agree that in purchasing this Extra Service, we will share your personal data (including your contact details) with such third-party provider.
D. We will place an order with the provider who will liaise directly with you to arrange a suitable time to carry out the survey. You must notify the provider if you are not available at the agreed time. If the provider attends the appointment but is unable to enter the property at the agreed time, you will be liable for the cost of any subsequent visit by the provider.
E. You must ensure that the Home Report is true and accurate (to the best of your knowledge).

3. Energy Performance Certificates (EPCs)

A. Please disregard the paragraphs in the Terms and Conditions on EPCs.

4. Law and Jurisdiction

A. The Agreement is governed by Scots law, and you and Emoov agree to submit to the exclusive jurisdiction of the Scottish courts.

Our Terms