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SELLING TERMS AND CONDITION


 

Welcome to 99home.co.uk. As required by the Estate Agents Act 1979, we must inform you that the terms and conditions outlined below, together with the information you provide through our website, will form the basis of our agreement to act as your estate agent in the sale of your property. By ticking the "accept terms and conditions" box on our website and clicking the "submit" button, you confirm your acceptance of these terms and conditions, acknowledging that you have read, understood, and agreed to be bound by them.

DEFINITIONS

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

"Completion Date" meaning the date of the completion of the sale of the Property between the Seller and the Buyer;

"Exchange Date" means the date at which contracts for the sale of the Property between the Seller and the Buyer are formally exchanged;

"Fee Option" means the total fees payable in respect of the services you select (as varied from time to time) (being the Pay Upfront, Pay Later, or No Sale No Fee option that you select/agree to pay);

"Home Visit" means the visit to the Property made by your local 99home.co.uk representative following your acceptance of the terms and conditions;

"99home.co.uk" means 99home Ltd. (a company registered in England and Wales with company number 10469887) and any reference to 'we’, ‘us’, or ‘our’ is a reference to 99home.co.uk;

"Company" means 99home Ltd., trading as 99home.co.uk;

"99home Standard Package" means the package of services provided by 99home.co.uk for a fixed fee which includes Property marketing and support services valid for four months only and one month for Property developers (Rightmove could be added separately);

"Combo Package" means the package of services provided by 99home.co.uk for a fixed fee, the Seller is to host the viewings and is liable to inform prospective Buyer(s) information to 99home after each viewing so 99home can take feedback and negotiate. Combo Package Sellers can choose to involve the 99home team in negotiations or viewer feedback after viewings;
"High Street Package" means the package of services provided by 99home.co.uk for a fixed fee;

"No Sale No Fee" means no fee is applicable if there is no success. The fee is payable after success, irrespective of the location of the Property. The agreed fees will be charged as per the agreement or as mentioned below. Hosted viewings by 99home are not included although Sellers can choose to involve the 99home team in negotiations or viewer feedback after viewings. Minimum 18 weeks sole agency terms apply. If 99home finds a ready, willing, and able Buyer and the Seller cancels the instruction, even without a Memorandum of Sale being issued, or after a Memorandum of Sale is issued, the Seller will be liable to pay the applicable fees for cancelling the instruction;

"No Sale No Fee on a percentage basis" means No fee is applicable if there is no success, irrespective of the location of the Property. The agreed percentage will be charged as per the agreement or as mentioned below. If 99home has done A to Z work e.g. property marketing, negotiation, hosted viewing, etc., a minimum of 18 weeks' sole agency terms apply. If 99home finds a ready, willing, and able Buyer and the Seller cancels the instruction, even without a Memorandum of Sale being issued, or after a Memorandum of Sale is issued, the Seller will be liable to pay the applicable fees for cancelling the instruction;

"Local 99home Agent" means the person(s) licensed by 99home to conduct Photography, Floorplanning, Market Appraisals, Accompanied Viewings (for 99home, Combo, and High Street services), and other related services in respect of the Property;

"Pay Later" means the amount payable on the earlier of the completion date or 16 weeks after the commencement of the services, whether a sale of your Property is completed or not;

"Pay Upfront" means the non-refundable payment made for marketing which is mentioned below;

"Market" means the Property is listed for sale on our site and/or is listed on any partner/associate sites by 99home.co.uk;

"Market Appraisal" means the market appraisal service provided by the 99home.co.uk associate or local 99home.co.uk agent attending the property or recommending a guide price for the sale of the Property with the help of up-to-date online tools;

"Property" means the freehold or leasehold Property to be offered for sale;

"Purchaser" means the Buyer of the Property;

"Sale Price" means the final agreed selling price of the Property;

"Seller" means the beneficial owner(s) of the Property or person(s) with authority of the beneficial owner(s) of the Property to sell the Property whose name is listed as such and any reference to ‘you’ or ‘your’ is to the Seller;

"Services" means the estate agency services to be provided by 99home.co.uk as set out in these terms and conditions;

"Until sold" means 365 days from the day of the Property listing. The UK average house sales take around 129 days. 99home is offering 365 days which is equivalent to twelve months until the price is reviewed on the advice of 99home and an extension of the listing is offered (discretion of 99home only) *Data source from theadvisory 2017/18);

"Success Fee" means the amount payable upon the sale of the Property;

"Memorandum of Sale" means the document that is signed by both the Buyer and Seller confirming the terms of an offer for the purchase of the Property which has been accepted, where both parties agree to proceed with the formal aspect of the sale;

"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  2 Caldecotte Lake Business Park, Caldecotte Lake Drive, Caldecotte, Milton Keynes, Buckinghamshire, MK7 8LE

"Zoopla" means the website at www.zoopla.co.uk owned and operated by Zoopla Property Group Plc, a company registered in England under company number 09005884 and having its registered office at Harlequin Building, 65 Southwark Street, London SE1 0HR;

“OnTheMarket” means the website at www.onthemarket.com/ owned and operated by OnTheMarket.com Limited, a company registered in Manchester under company number 10887621 and having its registered office at 11 York Street, Manchester, M2 2AW;

"Social media marketing" means Property marketed and promoted on social media like Facebook, LinkedIn, Twitter, Instagram, etc;

Authority and Capacity to Sell

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

Offers

We will use our best efforts to notify you of all offers we receive to purchase the Property within 96 hours of receipt. If you accept an offer, we reserve the right to update the Property's status to "Under Offer" or "Sold Subject to Contract" on our website and in any other advertising channels we use. This status will remain in place until the Completion Date, at which point the sale will be finalised

Negotiations

Please note that negotiation services are only included in our Combo and High Street packages. If you have opted for the Standard package, with or without Rightmove, you will be responsible for negotiating the sale price with potential buyers. However, if you upgrade to the Combo or High Street package, our team at 99home.co.uk will be happy to assist with negotiations on your behalf

For Sale Boards

If you opt for our Combo or High Street package services, you will receive a 'For Sale' board to help attract potential buyers. Please note that it is your responsibility to maintain the board while it is in your possession. This includes re-erecting it if it is damaged or knocked over by a third party or due to weather conditions. Unfortunately, we can't be held liable for any loss, theft, or damage to the board, or any damage it may cause to your property.

If you need a replacement board, please be aware that an additional charge will apply, as per our standard rates. If you decide not to use a 'For Sale' signboard, please notify us immediately by emailing info@99home.co.uk when you list your property on our website.

Data Protection and Marketing Preferences

At 99home.co.uk, we respect your right to control your data. If you opt out of direct marketing, we will not send you any promotional materials or communications. We may share your data with trusted third-party service providers to help us deliver our services, but we ensure they will not contact you for marketing purposes.

We will only share your data with third parties with your explicit consent. By registering with us, you agree to receive updates about your property, our services, and relevant offers or promotions from 99home.co.uk

Sales Support

As a valued Seller on 99home.co.uk, you will have access to our dedicated sales support team once you have accepted an offer from a buyer. Our team will work closely with solicitors, mortgage brokers, and estate agents to ensure a smooth transaction and help you complete the sale of your Property. Please note that this service is not available for our Standard Package, including Rightmove

While we strive to facilitate successful sales, we cannot accept liability for any losses arising from communications between parties. Additionally, we are not responsible for any aborted purchases or associated costs. If your sale falls through, we will be happy to resume marketing your property at your request, for the remainder of the marketing period specified in your package

At 99home, we strive to keep all parties informed about changes or developments in the sale of your Property. However, as the Seller, you are ultimately responsible for ensuring that all parties are aware of any updates. If you exchange contracts with a buyer, you agree to notify us immediately. Once we receive notification of the contract exchange, we reserve the right to remove your Property from our website and all partner sites. This is to ensure that we provide accurate and up-to-date information to potential buyers and avoid any confusion

Photography

The Seller agrees to ensure that the Property is in a satisfactory condition for photography and shall, before the home visit by 99home.co.uk's associate, agent, or contractor, tidy and arrange the Property in a manner that is conducive to capturing high-quality photographs. The Seller acknowledges and agrees that all photography, floor plans, and other media taken or created by 99home.co.uk during the home visit shall remain the sole property of 99home.co.uk. Notwithstanding the foregoing, the Seller may purchase copies of such photographs and floor plans at the costs outlined in the pricing annexure attached hereto, which shall be deemed to be part of this Agreement.

We reserve the right to charge additional reasonable fees in respect of the photography services provided for your property, including but not limited to, fees for cancellation without advance notice, travel costs incurred in connection with photographing the property, and extended photography sessions required due to the size or complexity of the property, such as properties with five or more bedrooms or multiple properties, and the Seller agrees to pay such fees upon presentation of an invoice

The Seller warrants that all images and photographs uploaded to 99home.co.uk are original and do not infringe on the intellectual property rights of any third party. If 99home.co.uk discovers that any uploaded images or photographs are copied or conflicted from other sources, 99home.co.uk reserves the right to immediately remove the relevant advert from the website without notice. In such circumstances, the Seller shall not be entitled to any refund. Furthermore, the Seller shall be solely responsible for any consequences arising from the upload of copied, unclassified, or misrepresented images or descriptions, and shall indemnify 99home.co.uk against any claims or liabilities that may arise therefrom

Listing, Advertising, and Website Obligations

You authorise 99home.co.uk to promote and advertise the Property on our website, our associates' and partners' websites, and in print media, using details that may include the property's address, asking price, photographs, and floor plans, to achieve a sale of the Property

We guarantee that the Property will be listed on the 99home.co.uk website until it is sold or marked as "Agreed", subject to the terms of the relevant package chosen by the Seller. While we endeavour to list the Property on various third-party website portals, including but not limited to Rightmove.co.uk, Zoopla.co.uk, and OnTheMarket.com, such listings are subject to change and may not be within our control. A full list of our partner portals can be found on our website. The Seller agrees not to upload any logos, images, or brand identifiers of our competitors or any other corporate entity to the Property description or include them in any images submitted to us

We do not guarantee simultaneous listing of the Property on all property portals. Our ability to list the Property on various portals is subject to our contractual agreements with each portal, which are subject to change. Property portals may modify their terms and conditions, pricing, and other requirements at their discretion, and if such changes are not acceptable to us, we may terminate our contract with the affected portal, which may impact the listing of the Property. By agreeing to these terms, you permit us to list your Property on our sister or acquired companies, as well as other property portals, at our discretion

International Advertisement (listing the overseas property with 99home)

You hereby authorise 99home.co.uk to promote and advertise your Property through various channels, including our website, our associates' and partners' websites, and print media. The advertising details may include but are not limited to, the Property's address, asking price, photographs, and floor plans. By granting this authority, you consent to us using these details to achieve a sale of the Property

We guarantee that the Property will be listed on the 99home.co.uk website until it is sold or marked as "Agreed", subject to the terms of the relevant package chosen by you. Please note that our listings on third-party website portals, including but not limited to Rightmove.co.uk, Zoopla.co.uk, and OnTheMarket.com, are subject to change and may not be within our control. For a comprehensive list of our partner portals, please refer to our website. You agree not to upload any logos, images, or brand identifiers of our competitors or any other corporate entity to the Property description or include them in any images submitted to us

List your Overseas Property Overseas On commission’ or ‘DIY Fixed Fee’ basis

We will handle communication and negotiations with prospective buyers differently depending on the service level chosen. If the property is listed on a commission basis, 99home or our appointed local property experts will manage all communication, negotiations, leads, and offers. However, if you opt for a DIY fixed fee basis, you as the Seller will be responsible for managing communication, leads, and offers from prospective buyers. Please note that hosted viewings by 99home are not included in our Standard Package, but we can arrange for them at an additional fee, subject to mutual agreement. If you would like us to negotiate or gather feedback from viewers after a viewing, you must inform our admin team in advance

Discount Voucher

Only one discount code may be applied to a Property at any given time. This discount code must be entered when first registering the Property on 99home.co.uk. Failure to enter the discount code at the time of registration may result in the discount being unavailable. No multiple discount codes may be applied to a single Property, and no cumulative discounts shall be applied. For these terms and conditions, a "Property" shall mean a single residential or commercial property listed on 99home.co.uk

Sole Agency

The No Sale No Fee package shall be subject to a minimum contract term of 18 weeks

SOLE SELLING RIGHTS TERMS AND CONDITIONS (Only applicable to No Sale No Fee package)

By entering into this agreement, the Property owner grants 99home sole selling rights for the specified duration outlined in the contract. This grant of sole selling rights shall commence on the effective date of this agreement and shall remain in force until the expiration of the specified duration. During the sole selling rights period, the Property owner agrees not to appoint any other agent or agency for the sale of the Property. If the Property owner secures a buyer through personal contacts, friends, family, or any other means during the sole selling rights period, or any buyer that is introduced by 99home during the sole selling right period, the owner is obligated to pay the agreed-upon fees to 99home. This condition acknowledges the efforts made by 99home in marketing and promoting the Property and ensures fairness in the sale process. If the Property owner secures a buyer in breach of the sole selling rights agreement, the owner shall be liable to pay the agreed-upon fees to 99home, regardless of whether the sale is completed or not. By accepting these terms and conditions, the Property owner acknowledges that they have read, understood, and agreed to the sole selling rights terms and conditions, including the obligation to pay fees in the event of a buyer introduction during the sole selling rights period

Payment Terms

Our Company’s sales fees will be as mentioned in the Pricing Annexure at the bottom of this page

99home Standard Package: No restrictions on using multiple agencies

Our fees and expenses are typically payable online when you sign up for our services. However, we may offer special promotions that allow payment upon exchange of the contract. For our Standard, Combo, and High Street Packages, the fee is payable in advance. In some cases, we may agree to a payment plan where 50% of the fee is paid upfront and 50% is paid upon exchange of the contract. To qualify for this arrangement, you must provide us with irrevocable instructions to your solicitor to pay us on the exchange date from the sale proceeds. You must also notify us immediately if your solicitor is unable to fulfill this obligation. If your solicitor is unable to pay us on the exchange date, the concession will be revoked, and alternative payment arrangements must be discussed with us promptly. Please note that any changes to the payment terms must be agreed upon in writing

Value Added Tax (VAT)

Please note that the fees for all our packages, including Standard, Combo, and High Street, are inclusive of Value Added Tax (VAT). As per the current tax rate, VAT is charged at 20%. This applies to all clients, regardless of their domicile. Our charges and expenses are subject to VAT, and the 20% rate will be applied accordingly."

Overdue Invoices and Late Payment Terms

If our commission becomes due and is not paid within 14 days, whether formally demanded or not, a late fee will be applicable. In the event that we need to engage a solicitor or debt recovery agency to recover outstanding fees or expenses, the client will be responsible for paying the additional costs incurred.

If an invoice or part payment remains unpaid for 4 weeks from the date of the invoice, it will accrue interest from the date of the invoice at a daily rate of 4% above the base rate of Barclays Bank Plc, which is subject to change over time. Please note that it is essential to settle your invoices promptly to avoid incurring additional charges and interest. If you are experiencing difficulties with payment, please contact us to discuss possible arrangements

Pay Now or Pay Later Fee

Our fees remain consistent, regardless of whether they are paid in advance or at the exchange of contract

Right to Cancel

You have the right to cancel this Agreement within 14 days of accepting these terms and conditions without giving any reason and will be afforded the protections set out in this (Right to Cancel) and the subsequent paragraph (Effects of Cancellation). If you exercise your right to cancel outside of the 14-day cancellation period all fees owing to us will become due and payable. If you are a Standard Package client, and your property is already listed on Rightmove, Zoopla, and other property portals then you will not get any refund, where the minimum charges are applicable as per the pricing annexure at the bottom regardless of whether the Property gets sold or not

If we act as a commission-only agent, the sole agency period will continue until terminated in writing by either party with a minimum of fourteen days' notice. If you cancel the agreement after the 14-day cancellation period, all fees owed to us will become due and payable, regardless of whether the property is sold. Please refer to the pricing annexure at the bottom of this page for minimum applicable fees

To exercise the right to cancel, you must inform us by sending us an email at info@99home.co.uk or by post to 99home Ltd, SBC House, Restmor Way, Wallington, SM6 7AH, or by phone on  0203 5000 999, the client (Seller) must receive an acknowledgment from 99home.co.uk of the request so rights to cancel policy take place

You may request that the services commence during the first 14 days of the cancellation period. If you subsequently exercise your right to cancel after services have commenced you shall pay us an amount that is in proportion to the services provided to you until you have communicated to us your right to cancel

CANCELLATION TERMS AND CONDITIONS

If you cancel this Agreement within 14 days of accepting these terms and conditions, we will reimburse you all payments received from you except £99 / £228 and the cost of any work is done.

If you wish to cancel the Combo or High Street package, you will be liable to pay £149 for Photography/floor planning, £99 for the Sale Board, and £360 for hosted viewing if 99home conducts any viewings.

For the No Sale No Fee package service within 18 weeks of listing, you will be liable to pay for Photography/floor planning, for the Sale Board, and for hosted viewing if 99home conducts any viewings as mentioned in the pricing annexure at the bottom of this page

The Seller is liable to pay the full fees inc VAT+ admin charge (if any) if 99home finds a ready, willing, and able Buyer and the Seller cancels the instruction, even without a Memorandum of Sale being issued, or after a Memorandum of Sale is issued, the Seller will be liable to pay the applicable fees for cancelling the instruction;

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this agreement.

If you cancel this Agreement within 14 days of accepting these terms and conditions, we shall reimburse you all payments received from you, except £99 / £228 (as applicable) and the cost of any work completed before cancellation

If you wish to cancel the Combo or High Street Package, you shall be liable to pay for the Photography/floor planning, the Sale Board, hosted viewings (if 99home conducts any viewings)

For the No Sale No Fee package service, within 18 weeks of listing, you shall be liable to pay for Photography/floor planning, the Sale Board, hosted viewing (if 99home conducts any viewings)

The Seller shall be liable to pay the full fees, inclusive of VAT and any applicable administration charge if 99home finds a ready, willing, and able Buyer and the Seller cancels the instruction, even without a Memorandum of Sale being issued. Alternatively, if a Memorandum of Sale is issued, the Seller shall be liable to pay the applicable fees for cancelling the instruction.

We shall make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Agreement. By accepting these terms and conditions, you acknowledge that you have read, understood, and agreed to these cancellation terms and conditions.

NON-COMPLETION FEE TERMS AND CONDITIONS

If a Buyer exchanges a contract but fails to complete the purchase, the Property owner shall be liable to pay 99home the full admin fee as mentioned in the pricing annexure at the bottom of the page, plus any outstanding charges or expenses. The Property owner undertakes to give irrevocable instructions to their solicitors to pay such fees and expenses out of any monies that originated from the exchange of contracts. For these terms and conditions, a Buyer shall be considered "ready, willing, and able" to purchase if they are prepared and can exchange unconditional contracts for the purchase of the Property

The Property owner acknowledges that they shall be liable to pay the admin fee and any outstanding charges or expenses, even if the sale is not completed, as long as the Buyer was "ready, willing, and able" to purchase at the time of exchange or before exchange

By accepting these terms and conditions, the Property owner acknowledges that they have read, understood, and agreed to the non-completion fee terms and conditions, including the liability for the admin fee and any outstanding charges or expenses

ADMIN FEE LIABILITY AND WITHDRAWAL / TERMINATED TERMS AFTER AN AGREED SALE

You (the client) agree to pay the full admin fee as outlined in the agreement (Standard, Combo, or High Street Packages) when you instruct 99home.co.uk to market your property. If 99home.co.uk introduces a buyer who is ready, willing, and able to purchase your property, but you decide not to proceed with the sale for any reason, you will still be liable for additional charges or expenses. Specifically, if unconditional contracts are not exchanged due to your withdrawal from the sale, you are still obligated to pay these charges. This means that even if the Buyer is suitable and willing to buy, but you change your mind or cannot proceed, you are responsible for the fees

The Client (you) is liable to pay the full admin fee as specified in the Agreement (being the Standard, Combo, or High Street Package) upon instructing 99home.co.uk to market the Property. In addition to the admin fee, the client shall be liable for any other charges or expenses incurred by 99home.co.uk in connection with the marketing of the Property. If 99home.co.uk introduces a ready, willing, and able buyer (as defined above) under the client's instructions, but the client subsequently withdraws from the sale for any reason whatsoever, and unconditional contracts are not exchanged, the client shall remain liable for the full admin fee and any other charges or expenses incurred by 99home.co.uk. For the avoidance of doubt, the Client's liability under this Clause shall arise notwithstanding any reason for the Client's withdrawal from the sale, including but not limited to change of mind; failure to obtain necessary financing; failure to satisfy any conditions precedent to the sale; or any other reason not attributable to 99home.co.uk

You acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this agreement

No Upfront Payment

The Seller acknowledges that 99home.co.uk charges a minimum fee for its non-refundable selling packages, as specified in the Pricing Annexure at the bottom of this page. The Seller agrees to pay the minimum fee in advance for the chosen selling package, which is non-refundable under any circumstances. Alternatively, if the Seller does not wish to pay the minimum fee upfront, 99home.co.uk may still list and market the Property in the same manner as a high street estate agent. If the Seller chooses not to pay the minimum fee upfront, 99home.co.uk shall charge a minimum fee of 1.2% including VAT on the sale price of the Property. The Seller agrees that to avail of the no upfront fee option, the Property must be listed at the price recommended by 99home.co.uk

Disclosure of Interests under the Estate Agents Act 1979

As required by the Estate Agents Act 1979, we are obligated to disclose to prospective buyers any family relationships or business associations between you, the client, and our employees or officers. If we are aware of any such declarable interests, we will clearly state them in all sales and marketing materials.

It is your responsibility to notify us in writing as soon as possible if you become aware of any family relationships or business associations between yourself and our employees or officers.

By appointing us, you confirm that you have disclosed any such relationships to us in writing and that you are not aware of any family relationships or business associations between yourself and our employees or officers. Please note that it is essential to provide us with this information to ensure compliance with the Estate Agents Act 1979

Compliance with Consumer Protection Regulations (CPRs)

The Seller acknowledges that the Agent is bound by The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and agrees to comply with the requirements of the CPRs. The Seller undertakes to inform the Agent immediately of any changes to the information provided in respect of the Property once it is on the market. The Seller warrants that all information provided to the Agent regarding the Property is accurate and complete, and undertakes to notify the Agent promptly if any information in the sales particulars, adverts, or marketing materials is inaccurate or misleading. The Seller acknowledges that the Agent will not create or use doctored photographs, or extreme lenses that distort the perspective of images, or make inaccurate or misleading statements about the Property.

By agreeing, the Seller acknowledges that they have read, understood, and agree to be bound by the terms of this 

Anti-Money Laundering (AML) Checks

To comply with Money Laundering Regulations 2007 updated as The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017) came into force in June 2017

(https://www.legislation.gov.uk/uksi/2017/692/contents/made)

In consideration of 99home.co.uk, agreeing to provide services to the Client, the Client agrees to provide satisfactory proof of identity and address, as a condition precedent to the commencement of any work on their behalf and verify your identity. The Client shall supply the Agent with a legible copy of a valid photo identity document, such as a passport or driving licence, and two original utility bills or bank statements, dated within the last three months, as proof of address. By providing this documentation, the Client acknowledges that they have read, understood, and agreed to the Agent's verification requirements and that the Agent shall not be obligated to commence any work on the Client's behalf until such documentation has been received and verified to the Agent's satisfaction

Further documents may be required if these are requested by third parties.

It is a legal obligation to perform due diligence on every client by law to carry out anti-money laundering checks on all clients. It is our responsibility to ensure checks are carried out properly and correctly and for ongoing monitoring to make sure the money is coming from legal sources. We have partnered with AMLTeam.co.uk (trading name of A7Z Ltd) to carry out these checks on our behalf. AMLTeam.co.uk will contact you within 24 to 48 hours of accepting an offer to complete the initial checks. There is a nominal charge of £20 per buyer, payable directly to AMLTeam. Please note, we are unable to issue a memorandum of sale until the checks are complete

Under our legal obligations and following relevant anti-money laundering regulations, we are required to conduct due diligence on every client, including the verification of identity and source of funds. To ensure compliance with these regulations, the Agent has partnered with AMLTeam.co.uk (trading as A7Z Ltd) to carry out AML checks on its behalf. The Client acknowledges and agrees that AMLTeam.co.uk will contact them within 24 to 48 hours of accepting an offer to complete the initial AML checks. The Client understands that a nominal charge of £20 per buyer will be payable directly to AMLTeam.co.uk for the provision of these services

The Agent reserves the right to delay or withhold the issuance of a memorandum of sale until such time as the AML checks have been completed to its satisfaction. By accepting this, the Client acknowledges that they have read, understood, and agreed to 99home.co.uk’s AML checks and the associated charges and that the Agent's obligations under this agreement are conditional upon the satisfactory completion of these checks

Health and Safety Precautions

The Client (Seller/Buyer) shall ensure that all viewings and visits to the Property are conducted safely and responsibly. The Client shall notify the Agent in advance of any relevant information relating to health and safety and shall verify the identity of all parties involved in the sales process and viewings, including checking a valid form of identification such as a driving licence or passport. The Agent shall endeavour to ensure that all necessary safety precautions are in place when exchanging details with relevant parties, including full name, phone number, email address, current address, and a number of people attending viewings. However, the Agent shall not be liable for any behaviour or consequences arising from the sales process or viewings, as it is acknowledged that the Agent, as an online estate agent, does not have full control over situations. The Client acknowledges that they are responsible for their health and safety during the sales process and viewings, and shall take necessary precautions accordingly.

Unattended or Unoccupied Property (Client's Responsibilities)

The Client acknowledges and agrees that they are solely responsible for ensuring the Property is adequately secured, maintained, and protected during the term of this Agreement, particularly where the Property is unoccupied. The Client shall ensure that the Property is securely locked and protected against unauthorised access; maintain the Property in a safe and habitable condition; take all necessary precautions to prevent damage to the Property, including but not limited to: professionally draining the water and heating systems; turning off the mains power supply services; and putting in place and maintaining valid insurance cover for the Property

The Agent is not liable for any damage, loss, or injury to the Property, its contents, or third parties during the term of this Agreement. Instead, the Client is responsible for any such damage, loss, or injury and agrees to indemnify and hold harmless the Agent against any claims, demands, or liabilities that may arise from the Client's failure to fulfill their obligations under this Agreement

Exclusion of Liability

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

Data Protection and Privacy Policy

We take data protection seriously and are registered under the Data Protection Act 1998. We are committed to handling your personal data in accordance with the Act and will ensure that all our dealings with your information are compliant with its principles.

Energy Performance Certificates(EPCs)

The Seller warrants that, before the commencement of marketing of the Property, they shall have obtained and provided to 99home Ltd, as applicable, either (i) a valid Energy Performance Certificate for properties located in England and Wales, or (ii) a valid Home Report for properties located in Scotland. Alternatively, 99home Ltd may commission an Energy Performance Certificate on behalf of the Seller for £79 (inclusive of VAT), or as otherwise specified in the pricing list, which cost shall be dependent on the size and type of property

Additional Property-Related Services

We may offer to arrange additional property-related services for you and/or the prospective Buyer of the Property, such as mortgage or other financing options, instruction of solicitors, and other services. If we provide these services, we or our employees may earn a commission or other form of remuneration. Please note that, following our company policy, we may not be able to disclose the exact details of our commission or remuneration structure to you. By instructing us to arrange these services, you acknowledge and agree to our potential earnings from these arrangements.

By using 99home's website and services, you consent to our data-sharing policy, which allows us to share your data with trusted third-party service providers in order to provide you with the best possible service. This enables us to offer a wider range of services, improve our website's functionality and user experience, and better match clients with suitable properties and sellers, ultimately assisting with the buying or letting process. We prioritise the privacy and security of our client's data, only sharing the necessary information with trusted providers, as outlined in our privacy policy.

Appointment of Sub-Agents

We reserve the right to appoint one or more sub-agents to assist in the sale of the Property, as we deem necessary. This service will be provided at no additional cost to the Seller. All viewings and negotiations will be coordinated through us, and the Seller agrees not to assign any sub-contract or enter into any direct agreement with any sub-agent appointed by us

Complaints Procedure

We are committed to providing a professional service to all our clients. If something goes wrong, we require you to notify us in writing, providing as much detail as possible, so that we can investigate and take steps to resolve the issue. Any complaints or suggestions should be addressed to Vijay Vashistha, The Office Manager, and sent to our registered address or emailed to info@99home.co.uk. We will consider your complaint within eight weeks from the date of receipt. If we are unable to resolve your complaint within this timeframe, you may refer your complaint to The Property Ombudsman. Full details of our complaints procedure can be found on our website

Indemnity

The Seller agrees to indemnify and hold harmless 99home Ltd against any expenses, costs, or liabilities incurred or imposed on us, insofar as such expenses, costs, or liabilities were reasonably incurred by us in the course of providing the services selected by the Seller.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed by the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with this Agreement, including any non-contractual claims. Any variation to the terms and conditions of this Agreement shall only be effective if made in writing and notified to the Seller in advance by 99home Ltd.

If any provision of this Agreement is held to be invalid, unenforceable, or unfair, it shall not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision shall be deemed to be severed from the Agreement, and the remaining provisions shall continue in full force and effect. We reserve the right to assign this Agreement to any third party, provided that such assignment does not materially affect the rights or interests of the Seller. 

Disclaimer (Limitation of Liability): Except where provided elsewhere in these terms and conditions, to the maximum extent permitted by law, we (including our affiliates, officers, directors, agents, subcontractors, and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this site, or connection with the use, inability to use, or results of the use of this site, any sites linked to it and any materials posted on it. This limitation of liability applies to all claims, whether based on contract, tort (including negligence), or any other legal theory. We will not be liable for any damages or losses that you may suffer as a result of using this site, except to the extent that such liability cannot be excluded or limited by law.

We are not liable for any consequences or loss from your use of this website or services.

NOTICE OF RIGHT TO CANCEL THIS CONTRACT

You, the client (Seller), have the right to cancel this Contract within 14 calendar days of signing. To exercise this right, please notify us in writing by:

Posting a cancellation notice to SBC House, Restmor Way, Wallington, SM6 7AH

Emailing us at info@99home.co.uk

Calling us on 0203 5000 999

Please note that the 14-day cancellation period begins on the date you sign the Contract. If you cancel within this timeframe, the Contract will be terminated and any obligations or liabilities arising from it will be null and void.

Membership and Registration

99home Ltd, trading as 99home.co.uk, is a registered member of The Property Ombudsman (TPO), an independent redress scheme for consumers. Our membership number is D14309. Further information about TPO and our registration can be found on their website at www.tpos.co.uk. This membership demonstrates our commitment to providing a high level of service and adhering to a strict code of conduct in our dealings with clients

PLEASE SIGN AND KEEP THIS FORM FOR YOUR RECORDS

Re:________________________________________(address of the property to be sold)

I/We____________________________________________ am/are the seller(s) of___________________________________________ and hereby confirm that I/We agree to the Terms of Business and fee structure of 99home Ltd as outlined in this document

 

DATED__________________SIGNED___________________________ (SELLER)

 

Pricing Annexure

Standard Package: £99* inc VAT

Standard Package: £199 inc VAT (if you are a property developer)

Combo Package: £599 inc VAT 

High Street Package: £1199 inc VAT 

No Sale No Fee: £999 inc VAT 

No Sale No Fee on a percentage basis: min 1% inc VAT or as per the agreement 

Pay Upfront: £99 (min) or £228* as per the package selected 

Additional ‘For Sale’ board: £99 inc VAT

Photos and floor plans: £149 inc VAT

Hosted Viewing: £360 inc VAT

Administration fee: £99 inc VAT

Other portals: £99

Minimum charges: £99 regardless Property gets sold or not

*Rightmove could be added separately for £129 inc VAT per month

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