Pursuant to the Estate Agents Act 1979 it is a requirement that you understand and accept our terms and conditions when instructing love2move as selling agents for your property.
Please read the terms set out below and refer to them when you use our services. By ticking on the acceptance box on the website you agree to these terms and conditions and will be bound by them. We recommend that you print a copy of our terms and conditions for your future reference.
If any changes are made to the terms and conditions they will be posted on the website and it is your responsibility to check the website for any change. You agree to be bound by any subsequent changes if you then continue to use our services.
This agreement is made with love2move trading style MovingMorks limited a company registered in England and Wales with the company registration number 4024680 and having its registered address at 4 Bridge Court, Liverpool Road, Little Hoole, PR4 5BF. (hereinafter referred to as “L2M”)
1.0 Definitions: Within this agreement the following words of phrases shall, unless the context otherwise requires, have the following meanings:
1.1 “the Property” as described by you when booking your valuation
1.2 “the Fee” is the amount as specified on the love2move website
1.3 “the add ons /additional services” are the products and/or services as specified on the love2move website
1.4 “Sale Price” The price agreed by you with your buyer for the sale of your property
1.5 “Buyer” The person buying your property
1.6 “Seller” The owner of the property or the person given the benefit to or who is entitled to sell the property
1.7 “You” The owner of the property or the person given the benefit to or who is entitled to sell the property
1.8 “Applicant” The person looking to view the property
1.9 “L2M or’ we” Means love2move trading style MovingWorks Limited a company registered in England, company registration number 4024680
1.10 “On the market” This means that your property is being listed for sale on the L2M website and/ or other portal sites
2.0 The Service
The appointment and guidance on market valuation is a free service
On payment of the Fee we shall:-
2.1 Take property details and measurements and take a minimum of six (6) maximum of twenty (20) photographs of your choice.
2.2 Provide a “For Sale” board and in accordance with the Town & Country Planning Regulations L2M sale board will be the only such board for sale which is permitted to be displayed outside the Property during this Agreement.
2.3 display details of the Property whether photographic or otherwise on the L2M website and other portals as from time to time L2M advertise with and/or in any other media local and/or national.
3.0 The Agreement term
3.1 You instruct L2M on an agency basis, the agency term is 26 weeks from the date the property is listed on the L2M website. You can halt marketing at any time within the 26 weeks and re market within 26 weeks of the original instruction without incurring a further fee
3.2 You may terminate the agreement at any time by giving 7 days written notice by email to firstname.lastname@example.org
4.0 Refund Policy/ right to cancel: - The Right to Cancel off-premises contracts is regulated by provisions contained in Part 3 of the Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013
4.1 Contracts entered into off premises or at distance are all subject to a 14 day "cooling off period", Where contracts are made off premises, you have the right to cancel the contract within a 14-day period, starting the day after the day on which the contract was made, which is the date these terms and conditions are agreed. Where contracts are cancelled within the specified 14 day "cooling off period" no charges will be due and you will be entitled to a full refund of any payments already made. Please note L2M will not publish your property on L2M, Rightmove, or any other portal or otherwise begin providing services, until this 14 day cooling off period has expired unless you waive your rights to the cooling off period as per clause 4.2.
4.2 By approving your brochure you are instructing love2move to immediately commence marketing of the property and electing to receive the services during the cooling off period - in which case clause 4.4 shall apply to services provided to you during this period.
4.3 In the event you wish to cancel the contract you must, within the 14 day "cooling off period", inform L2M of your decision to cancel in writing by email to email@example.com
4.4 If you request that we begin the performance of services during the above-mentioned cooling off period and then you later cancel during the cooling-off period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation of this contract, in comparison with the full coverage of the contract.
4.5 Subject to clause 13, you may ask us to remove your details from the site at any time after the 14 day "cooling off period", but you will not be entitled to any refund of any fees paid
5.0 Market Value
5.1 The property will be placed on the market at the price as agreed by you on instructing L2M to sell your property or any such other prices as may be agreed by you and L2M in future. Notice of any change to the marketing price to be by email to firstname.lastname@example.org
5.2 The market price does not represent a formal valuation of the property and may change during the period of this agreement, but this will not affect the terms of this agreement. The initial marketing price may be varied upon your email instructions, but this does not of itself affect the agreement. No structural examination of the property has been carried out and it assumed that there are no defects, covenants and conditions and vacant possession is given on completion. The initial marketing price has been set at a level decided upon by you for marketing purposes and is not indicative of the best market price for the property.
6.0 Energy performance certificate
6.1 The Housing Act prohibits L2M from marketing your property until a valid EPC has been ordered and paid for in our possession. Whilst we take all steps permitted by the act to prepare for marketing your property, marketing will not begin until we have possession of a valid Energy Performance certificate.
6.2 The seller must provide an EPC or order an EPC for their property (and provide proof of their order if not done through us), if they order an EPC and the assessor turns up to carry out the EPC and the seller then advises us they already have an EPC then there will be no refund for their ordered EPC. If you require a commercial EPC for your property there will be an extra charge. Please ask us for a current price.
7.0 The Fee
7.1 All fees are to be paid in accordance with the service you have ordered.
7.2 You can make your payment by a number of payment methods including debit card, cheque or bank transfer. For full details of the agreement, please click here: https://www.love2move.co.uk/pricing/
7.3 After your 6 months marketing period expires (or when your property is sold/exchanged), your property will be taken off all portals. The 6 months marketing period starts on the day L2M makes your property ‘live’ on L2M website. At the end of the six month term the agreement maybe extend following a review of the marketing price for a further 6 months without further charges. At the end of second term the agreement will cease and the property will be removed from all advertising.
7.4 A further agreement may be entered into following a review of the marketing price for an additional 6 months at a reduced fee of £250 including vat.
7.5 All additional services are listed on the L2M website, changes to the prices can take place at any time and you are not entitled to any discount if the add ons bought are reduced at a later date.
7.6 If you have or intend to order the Rightmove/Zoopla premium listing then it's important for you to know that this is a one-time activation that lasts for 6 months but only on a continued marketing basis. For example if you choose to de-list your property after 2 months of activation then your Rightmove premium listing will instantly come to an end. Premium listings do sometimes go live a number of days after your listing goes live. If you re-list the property at any time after this then you will no longer be able to use the premium credit unless you purchase another one. This is the way Rightmove operate the Premium option and not something we have control over.
7.7 If your property is being marketed by another agent, it is your responsibility to ensure you are allowed to advertise with L2M at the same time. If you (the seller) have previously instructed another agent to act for you, or if in the future you instruct another agent, you may become liable to pay the other agent a fee as well as any fee due to L2M under this agreement. You should therefore consult the terms of business or any agreement you have entered into with the other agent.
7.8 Payment - All credit card information is collected securely by worldpay.
7.9 The fee and/or any other cost or charges agreed in accordance with this agreement include VAT which will be charged in addition at the prevailing rate.
8.0 Viewings / messages and Offers received for your property
8.1 Applicants will be guided towards messaging you directly.
8.2 Viewings will be made online via the automated viewing tool. Once a viewing has been accepted, L2M have no responsibility if either party (applicant or vendor) do not show up for a viewing. Viewings are the responsibility of the seller, L2M can carry viewings out as part of the add on services.
8.3 L2M confirms that (unless otherwise instructed in writing by you, the seller) pursuant to the Estate Agents Act 1979 we will forward to you accurately in writing (which includes email correspondence), all offers from prospective purchasers within 2 days
8.4 Once a sale has been agreed, L2M will prepare and send out a Memorandum of Sale by email or to you (or on your online account) and to both sets of solicitors involved and a copy shall also be sent to your prospective purchaser.
9.1 You are obliged to disclose any relationship or association with any of our directors, employees or any directors or employees of our partner agents in accordance with the Estate Agents Act 1979 so that such a relationship or association may be disclosed to potential buyers.
10.0 Consumer Protection
10.1 Your listing is with L2M and L2M’s portal partners (which can change without notice). We confirm that at the point of instruction we are a Member of the TPO scheme, and subscribe to its Code of Practice. You must by law comply with the Consumer Protection from Unfair Trading Regulations 2008 which prohibits businesses from engaging in unfair commercial practices. The Consumer Protection from Unfair Trading Regulations 2008 require you to disclose any information of which you are aware in relation to the property in a clear, intelligible and timely fashion. Taking all reasonable steps to ensure that, all statements that you make about a property, whether oral, pictorial or written, are accurate and are not misleading and where information is given to potential buyers or their representatives, it is accurate and not misleading and that no material facts have been hidden or in any other way omitted. Answers to questions about the property must be truthful, materially complete and not misleading.
10.2 To comply with the requirements of the Consumer Protection from Unfair Trading Regulations 2008 all fixtures and fittings that are mentioned in the sales particulars will be deemed to be included in the sale unless otherwise specified in writing.
10.3 Your property details will be verified before marketing of the property can commence. Our local partner agent will prepare your details, but your online approval is required before the property can be marketed.
10.4 To ensure compliance with the Consumer Protection from Unfair Trading Regulations 2008 and to ensure that neither L2M nor the seller becomes involved in any legal action, the Seller must inform L2M immediately of any incorrect or materially incomplete information within the sales particulars from the outset or at any point during the marketing or sale.
10.5 Any future amendments that you make to your property listing will have to be verified by you in writting by email to email@example.com
10.6 L2M reserves the right not to publish any information provided by the seller in order to comply with the Consumer Protection from Unfair Trading Regulations 2008.
10.7 The seller shall indemnify L2M, its proprietors, directors, employees or agents against any claim made in respect of the Property or any Misdescriptions herein that arises wholly or partially out of the act or default of the seller.
10.8 Sellers and purchasers are routinely referred to conveyancing, financial and other service companies and L2M may receive a fee for the referral. You are not under any obligation to use the recommended providers.
11.0 Your / sellers obligations
11.1 The Seller(s) hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement;
11.2 The Seller(s) hereby confirms and covenants that he/she/they are the beneficial owner(s) of the property; or have the authority from the beneficial owner to sell the property on the above terms.
11.3 Under the Money Laundering Regulations of 2003 we must carry out identity checks on both buyers and sellers of the properties that we market. You will be requested to provide two forms of identification such as your passport and driving licence to the partner agent before the property can be marketed, which you must agree to provide on request.
11.4 Subject to clause 2.3 we shall take all reasonable steps to ensure that any statements made by us about the property whether verbally or in writing are accurate although you are responsible for ensuring the accuracy of any information you may provide including but not limited to photographs as referred to in clauses 9.1 and 9.2
11.5 The agent is not responsible for the security, maintenance or repair of the property. It is the sellers responsibility to ensure that mains services are turned off, water and heating systems professionally drained and the insurers notified.
11.6 Any details about the property to be included in adverts on our website or in any other media shall be fair decent and honest and we reserve the right to remove any offensive material which may be contained in such adverts without notice.
We may have to suspend provision of some or all of our services provided to you under this Agreement immediately until further notice if:-
12.1 We have to carry out any maintenance or upgrade of our website;
12.2 We have to comply with any order instruction or request from central or local government or any of the emergency services;
12.3 we have reasonable grounds to believe that you have supplied us with any false or misleading information whether verbally or in writing.
12.4 We reserve the right to terminate this Agreement at any time for the reasons described above and/or in the event that you are in breach of any provision of this Agreement notwithstanding that some or all of the services have already been suspended for the reasons described above.
13.1 You may terminate this Agreement at any time by giving us 7 (seven) days’ notice in writing by email to firstname.lastname@example.org. Fees are not refundable
13.2 In the event that you breach any of the terms of this Agreement we reserve the right to terminate the Agreement immediately and remove the Property from our website and/all other advertising portals and media.
14.1 We exclude all liability for any loss or damage whatsoever including any direct, consequential or indirect loss or damage or any loss or damage to goodwill or profits or any anticipated loss of savings incurred by you or loss of data or loss of business opportunity, whether arising in tort, contract, equity or otherwise and arising out of your access to or use of or inability to use our website.
14.2 You agree to indemnify us against any claims, costs, expenses or legal proceedings caused as a result of your use of the website or any services provided on the website in breach of any of your obligations under this Agreement.
14.3 We shall not be liable for any breach of our obligations under this Agreement resulting from any event or circumstance beyond our control including but not limited to industrial action, breakdown of systems or network access, fire, flood, explosion, accident, failure of any third party telecommunications or service provider, act or omission of the government or other competent authority and acts of God.
15.1 All complaints must be made in writing by email to email@example.com and will be dealt with in accordance to the guidelines set out by the property ombudsman. L2M take complaints very seriously and we will do our utmost to deal with any complaints quickly and professionally.
16.1 If you instruct a conveyancer through the L2M website you enter a separate legal contract with the conveyancer and will be bound by their terms and conditions. L2M ask all conveyancers to work to a strict service level agreement.
17.0 Third party website portals are subject to change:
L2M do not guarantee continued presence on these websites, sometimes these portals do encounter ‘feed’ issues with property listings and again, while they are correcting these feed issues L2M is unable to offer any guarantee when the listing will be back up live.
18.0 For Sale Boards
18.1 A For Sale board will be erected at your property (dependant on agent availibility in your area). L2M cannot accept any responsibility for any damage or loss suffered as a result of the For Sale board. This board will be collected upon request if you so wish. In order to meet the requirements of The Town & County Planning Regulations, which permit the display of only one For Sale board, whilst a L2M For Sale board is displayed, no other boards must be erected. The delivery of your For Sale board may in certain cases be sent via a national courier service. We cannot accept responsibility for any For Sale board being lost or stolen once delivery has taken place. In most circumstances L2M cannot state a definite date and time for delivery of your For Sale board. In circumstances where there is no one to sign for the For Sale board, it will be left with a neighbour or left in a safe place at the property.
18.2 If your board relates to part of a building in multiple occupation,it should indicate the part of the building to which it relates.
19.0 Unoccupied property
19.1 L2M cannot accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been agreed.
20.0 Intellectual Property Rights
20.1 L2M and/or its licensors own all rights in the intellectual property rights relating to the Services and the Website.
21.0 Direct marketing
21.1 We may share client data with our business partners to perform services (including user profiling) on our behalf, however, please note this will not permit third parties to market directly to you. We will otherwise not pass on any client data to third parties without consent.
21.1 The terms and conditions of this Agreement shall be governed by the law of England and subject to the exclusive jurisdiction of the English courts.
22.2 If any of these terms and conditions are held by a court of competent jurisdiction to be unenforceable the validity of the remaining terms will not be affected.
22.3 If any of these terms and conditions are held by a court of competent jurisdiction to be unenforceable the validity of the remaining terms will not be affected.
23.0 Final Agreement
Final agreement/ this contract is the definitive terms and conditions of engagement and supersedes all previous written or oral agreements, plus any customary agreements. Any change to the terms and conditions (e.g. change in the commission rate) must be specified stipulated in writing and signed by the parties.
To contact us direct:
love2move trading style MovingWorks Ltd, 4 Bridge Court, Little Hoole, Preston, PR4 5BF