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Terms & Conditions

Terms & Conditions

FINDMYBUYER LTD

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Who are Findmybuyer and how to contact us

www.findmybuyer.co.uk and www.findmytenant.co.uk are operated and owned by Findmybuyer Ltd ("We"). We are registered in Scotland under company house SC303056 and have our registered office at 9 Dalhousie Terrace, Montrose DD10 9BX.

We are regulated by the Property Ombudsman and HMRC Anti-Money Laundering supervision.

We are a limited company

Terms of Service

This section sets out the terms upon which we agree to offer and provide you with the Services.

1. Instructing Findmybuyer

1.1 As a Seller, when you instruct us, you confirm that you do so with the knowledge, consent and agreement of each and all of the legal owners and occupiers and those who have an interest in the marketing and/or sale of the Property.

1.2 Our acceptance of your instruction is subject to receiving satisfactory verification of the identity of the Sellers (including AML checks and verification) and details of the Property prior to property going live on our website.

2. Our Services

2.1 Findmybuyer offer a three tier payment option to advertise on our website with two upfront payment options.  These payment options are non-refundable as soon as the property is advertised on our website including any third party portals.

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

2.2 We will carry out the Services with reasonable care and skill and to the best of our ability.

FMB ACCOUNT

2.3 As part of the Services, you will be granted access to your own FMB Account where you can: view details of the Property listing including stastics; arrange appointments and viewings; view offers; access case tracking for purchase and sale transactions (if solicitor has signed up to this scheme) and communicate with prospective Purchasers.  All users must adhere to the content standards within these terms and conditions, failure to comply with result in automatic termination of account and if required the relevant authorities notified.

2.4 You must regularly check your FMB account for updates including messages and appointment or viewing requests in relation to the Property, FMB will send automated emails to prompt you to any activity however FMB can not guarantee this will always be in full operation..

Property Apprasial

2.5 Findmybuyer will provide a free no obligation apprasial based on local knowledge and house price sales and we may speak to local surveyors within the area for a more accurate figure, our valuation is for guidance only and must not be relied upon as accurate as an a valuation of the property.  In Scotland a home report must be carried out in which a qualifed RICS member will cary out a valuation on the property that may be used by third parties including mortgage lenders.  It is the decision as a seller to decide the marketing price to include in your property advert.

Marketing options & Content Standard

Option 1 (Upload instantly)

2.6 You the seller have the option to upload your property instantly to FMB for a one off fee currently displayed on our website, your advert will run for a period of 12 months or when sold whichever is sooner, you have the option to continue marketing for a further 12 month should you wish at the upload instantly cost as stated on our website at that time, this process can repeated at the discreation of FMB.  The property will not go live until all necessary checks are completed including and not limited to AML checks and verification, proof of ownership and home report upload.  No refund is given should any of the forementioned checks come back as unsatisfactory.  You agree that the following content standards must:

Be accurate (where it states facts)

Be genuinely held (where it stated opinions)

Comply with the Law applicable in Scotland and in any country from which it is posted

YOU MUST NOT

• Be defamatory to any person

• Be obscene, offensive, hateful or inflammatory

• Bully, insult, intimidate or humiliate

• Promote sexually explicit material

• Promote violence

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age

• Infringe any copyright, database right or trade mark of any other person

• Be likely to deceive any person

• Breach any legal duty owed to a third party, such as a contractual duty or duty of confidence

• Promote any illegal activity

• Be in contempt of court

• Be threatening, abuse or invade another's privacy, or cause annoyance, incovnenience or needles anxiety

• Be likely to harass, upset, embarase, alarm or annoy any other person

• Impersonate any person, or misrepresent your identity or affiliation with any person

• Give the impression that the Contribution emanates from us, if this is not the case

• Contain any advertisement including pyramid schemes or promote any services or web links to other sites.

• Advocate, promote, incite any party to commit, or assist in any unlawful or criminal act such as (by way of example only) copyright or computer misuse

• You warrant that any such contribuation does not comply with these standard, and you will be liable to us and indemnify us for any breach of that warranty.  This means you will be responible for any loss or damage we suffer as a result of your breach of warranty.

• We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site consitutes a violation of their intellectual property rights, or of their right to privacy.

• We have the right to remove any posting you make on Our Site, in our opinion, your post does not comply with the content standards set out in these terms of use. 

We will advertise the Property for sale on Our Site and any Partner Sites that we consider to be the most effective at securing interest in the Property from prospective Purchasers for the duration of the Marketing Period. We reserve the right to withdraw the advertisement and marketing of the Property from Our Site and/or Partner Sites at our absolute discretion.  Should you market your property with findmybuyer and any other estate agency at the same time you must check their terms and conditions as you may be liable to pay their estate agency fee as per your agreement.

Any content which you post or upload to our site will be considered non-confidential.  You hereby grant to us non-exclusive, royalty free, perpetual, and irrevocable licence to store, reproduce and edit any such content for any purpose(s) we see fit.

We will not be reponsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of our site, all measurements, photographs and description of property are your responsibility and must be accurate and the best to your knowledge and in no way misleading.

You have the option to purchase addition extras if available in your area, no guarantee or warranty is given that all or any extras are available at time of upload, you must check with FMB prior to submitting your property if any extras are available.

OPTION 2 (Hybrid Option)

FMB will help create a property advert for the property and upload it to FMB website including any third party websites and to your FMB account, you are responsible for ensuring that all the information relating to the property in the property advert is accurate, current and in no way misleading.  You will have the opportunity to change your asking price should you require a maximum of twice, there after FMB must be notified of any price change you wish to make, FMB can provide advice and guidance as and when required.  Upfront payment must be made prior to the property going live on our website and any third party website, this fee is non refundable once the property goes live on our website.

OPTION 3 (Pay On Completion)

FMB will help create a property advert for the property and upload it to FMB website including any third party websites and to your FMB account, you are responsible for ensuring that all the information relating to the property in the property advert is accurate, current and in no way misleading.  You will have the opportunity to change your asking price should you require a maximum of twice, there after FMB must be notified of any price change you wish to make, FMB can provide advice and guidance as and when required.  Pay on completion is due on settlement and you hereby agree that this payment will be made through your legal representative and paid by them to FMB.  Should you cancel your agreement with Findmybuyer Ltd a cancellation fee of £150 will be charged to cover marketing and outlays incurred by Findmybuyer.

Do not rely on information on this site

The content on Our Site is provided for general information only.  It is not intended to amount to advice on which you should rely.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Site.  All dimensions are approximate, reference to appliances, fixtures, fittings and services does not emply that they are necessary in good or working order or fit for purpose.  Interested parties are advised to obtain verification from their solicitors as to the Freehold/Leasehold status of any property and confirmation regarding the condition of any fixtures and fittings incldued in the sale.  FMB does not make any representations, warranties or guarantees whether express or implied, that the content on Our Site is accurate, complete or up to date.

Internal Messaging service

Findmybuyer offers an internal messaging service for users to interact, no confidential information should be given nor should it be provided by any user/seller, internal messaging service is for questions relating to the property only.  FMB messaging service is to ask a question about the property only, you must not use the messaging service to promote, advertise or sell any services or products or harass any user within this site.  Any user or company using our services to promote any such services will have their FMB account automatically terminated without notice and with immediate effect.  You hereby agree not to ask or provide information upon request and any information provided is the sole responsibility of the user, FMB will not be held responsible for any messages sent or recieved by any user.  All messages are recorded and held and will be passed to the relevant authorities should they be in breach of our terms and conditions and brought to our attention by the user.

Viewings

2.7 It will be your sole responsibility to conduct viewings for prospective Purchasers and this will be organised either by FMB or through your FMB Account and we assume no responsibility in this respect.  In all circumstances it is your responsibility to record your availability for viewing appointments accurately in your FMB account and by using your online diary to designate times you are available.  You must also at your earliest convenience cancel or re-arrange any oppointment as soon as you are aware that the appointment is no longer appropriate.

FMB can offer an accompanied viewing service through Viewber, Viewber provides accompanied viewings on 30 minute time slots with a maximum 2 viewings (15 minutes per viewing) per visit.  Viewiers must ensure that they are at the property at least 5 minutes before viewing time is to commence.  Viewings may be cut short or entry may be refused should the viewer turn up late for the appointment, it is the sole responsibility of the viewer to ensure thay they are there on time to participate in any viewing arranged.

Feedback

2.8 Feedback is given in good faith and purchasers will be prompted to provide feedback as and when required.  FMB accepts no responsibity to lack of feedback from any viewer, any feedback received will be entered into your FMB Account for your records and accessable as and when required.

Offers

2.9 We will provide you (via FMB account and/or by email) with written confirmation of all offers received from prospective Purchasers as soon as an offer has been Qualified or otherwise within 48 hours of receipt. 

2.10 You will be able to view all offers in your FMB Account. If you would like assistance in negotiating any offers you should contact FMB as this is included in your services.

2.11 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.

2.12 If an offer for the sale of the Property has been accepted you hereby consent to us 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. 

2.13 We will take reasonable steps to ensure that all parties are informed of any changes or developments in the sale of the Property, however, you are ultimately responsible for ensuring all parties are aware of any changes or developments. We accept no liability for any loss arising as a result of such communications between the parties.

2.14 We must carry out Due Diligence on any purchase, you hereby agree that no offer (verbal or in writing) will be passed to your solicitor/conveyancer until FMB AML obligations has been met, this includes carrying our all necessary checks as per our obligations.

2.15 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.

2.16 Any offer submitted throught the FMB website is done so in good faith and is non contractual, non binding and will be put forward for consideration.  The seller/owner does not have to accept any offer submitted through the FMB website or by any other communication and can reject any offer at their discretion.

2.17 You hereby agree to only submit offers that can be fulfilled and that a mortgage if required has been agreed in prinicpal by your chosen lender

2.18 Should more than one offer be submitted the seller and FMB reserve the right to arrange a closing date for best offers to be submitted at a designated date and time of the sellers choosing.  All offers must be in writing and from your legal representative, the seller does not have to accept any offer and can continue to market the property at their sole discretion.

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 FMB account.

Accompanied Viewings

3.2 Accompanied viewings are available in certain geographical areas, if so the following must be adhered to:

3.3 It is your responsibility to provide access 

3.4 You must ensure access to the Property at the date and time of any arranged viewings.

3.5 You must ensure that the Property is in a safe condition and prepared for any and all viewings.

3.6 Should you fail to provide access to the Property for viewing on multiple occasions, FMB reserves the right to cancel this Agreement in which case Cancellation fees may apply.

Portal Listings

Zoopla Listing

3.7 FMB will provide a zoopla standard listing at no extra charge, however premium listings can be offered at an additional charge.

Photographs

3.8 FMB provides photographs as standard on the option 2, professional photographs are available as per our extras and you acknowledge and agree that we will share your personal data (including your contact details) with such third-party providers.

3.9 We will place an order with the provider who will liaise directly with you to arrange a suitable time to take images of the Property. You must notify the provider directly if for any reason 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, or if you cancel the appointment on the same day, you will be liable for the cost of any subsequent visit by the provider.

'For Sale' Boards

3.10 You will have the option to include a For Sale board as part of your Option 2 at no extra cost to you. If chosen, you give permission for us to arrange for a ‘For Sale’ board provider to erect one 'For Sale’ board at the Property.  Option 1 is an extra in which you agree and accept all responsibilty for the erection of the For Sale sign and FMB will not be responsible for any damage resulting from any boards provided.

3.11 You are only permitted by law to display one 'For Sale’ board at the Property and therefore you agree that whilst a Findmybuyer ‘For Sale’ board is displayed, no other boards will be erected at the Property.

3.12 The 'For Sale’ board shall belong to us and we will arrange for the board to be collected at such time when the Property sale is Completed, the Property is withdrawn from the Market, at the end of the agreed Marketing Period, or following cancellation of the Agreement, whichever is the sooner.

3.13 It is your responsibility to ensure that the 'For Sale’ board is removed from public display no later than 14 calendar days after the sale of the Property, and kept safe and secure for collection by us or the provider.

3.14 The erection of a For Sale board is subject to the Town and Country Planning (Control of Advertisements) Regulations 2007. In certain circumstances, despite your request for us to do so, we may not be able to erect a For Sale board under these laws.

Home Report

3.15 It is a legal requirement for you to have a valid Home report for the Property or to have commissioned a home report before we can Market the Property.  FMB will not advertise the property for sale until a valid home report is provided.

3.16 You can commission a Home report from one of our providers, an admin charge of £25 with be charged on the Option 1 package for this service.

3.17 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.

3.18 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.

Third Party Services

3.21 We may introduce you and prospective Purchasers to our selected partners who offer additional services such as insurance, mortgages, surveys and conveyancing and from whom we may receive commission or administration fees. You acknowledge and agree that any relationship between you and a third-party supplier is by separate agreement and FMB shall have no liability to you for the additional services provided by such third parties.