Terms & Conditions
i) Just to be clear: ‘us’, ‘we’ and ‘our’ refers to SellFast.co.uk Ltd. ‘you’ refers to the person(s) applying to sell a property. The singular includes the plural and vice versa.
ii) Once you have completed the online form and any applicable payment has been made to us your property marketing application will be reviewed within 24 hours and if deemed acceptable your property will be marketed in accordance with your wishes. In the event your property marketing application is refused you will be told why and asked to amend any aspect we do not accept. If you do not make these amendments your property will not be marketed and you will receive a full refund (if applicable). Some examples of what may cause your application to be refused are:-
a. Making misleading statements about your property e.g. stating your property has a sea-view when it is not located on a coast.
b. Using photos of a property other than photos of the property you are marketing for sale.
c. Stating room sizes that are larger than they actually are (if you don’t know your room sizes accurately please do not include them in the property description or add a floor-plan as an extra).
d. Trying to market a property for sale that you are not authorised to sell/do not own.
e. The property is located outside the UK mainland.
iii) We do not want to refuse your property marketing application but we reserve the right to do so for any reason, not just those stated above, if this happens you will receive a full refund (if applicable). If we have accepted your property marketing application and have begun marketing your property but later discover that your advert contains false or misleading information we will remove your property from the market and inform you of this and why, you will then have 14 days to update your advert and upon doing so we will market your property for sale again. If we are unable to contact you or do not hear back from you within 14 days then your advert will be deleted and you will not receive a refund of any fees paid.
iv) Any extra services that you have purchased will be fulfilled by a third-party company who will contact you directly within 2 working days to make the necessary arrangements for access to your property.
v) Refunds will not be given for any additional service(s) purchased where either the service has been carried out or if you cancel the purchase of the service(s) with less than 2 working days notice from the date the service was first arranged to be performed.
vi) If you have not asked for a Private Sale your advert will be published to Rightmove.co.uk as well as other online portals and details of your property will be sent via email and/or post to anyone registered with us for whom your property is a potential match. If you have chosen a Private Sale then outline details will be sent to those people registered with us for whom your property is a potential match, if anyone should request further details of your property we will send you their details via email in the first instance and await your approval before releasing full details to them.
vii) You are responsible for conducting all viewings of your property with any interested person(s). We will make arrangements for viewings between you and any interested person(s). We will not release your contact details to any interested person(s) unless you authorise us to do so. If you are unable or would prefer not to conduct the viewings of your property yourself you can nominate a key-holder who we will contact to arrange viewings, please email us at email@example.com to arrange this.
viii) We will put all offers on your property forward to you regardless of the amount unless you ask us in writing not to put forward offers below a specified amount.
ix) When you agree to a sale (subject to contract) we will mark your property as sold subject to contract once the following conditions have been met:-
a. Both your solicitor and your buyers solicitor confirm that they have been instructed to act in the sale/purchase.
b. Your buyers solicitor confirms that the buyers property is sold subject to contract (where applicable).
c. Your buyer has provided proof of funds to us (unless they are buying with cash from their sale).
d. Your buyer has a mortgage agreed in principle (where applicable).
x) We will mark your property as sold subject to contract once all of the conditions (where applicable) in clause (ix) have been met except where you request for us to do this in writing. Once your property has been marked as sold subject to contract, we will stop arranging viewings with any further interested parties and stop actively promoting your property.
xi) If your sale is aborted for any reason and you would like us to mark your property as available for sale once again there will be a re-listing fee of £75 unless you are using a solicitor arranged by us in which case the fee for re-listing will be £25.
xii) If you are using a solicitor that you have instructed yourself and upon agreeing to a sale subject to contract, we will issue all parties with a memorandum of sale but will not provide sales progression services or information, you will need to contact your solicitor directly for this.
xiii) If you agree to use a solicitor instructed by us we will provide sales progression at least weekly for no extra charge.
xiv) A marketing break is when you request we suspend the marketing of your property. During a marketing break your property will not appear online and we will not send details to any potentially interested person(s). We will also not attempt to arrange any viewings of your property during a marketing break. Marketing breaks are useful if you are going on holiday or for any other reason you don’t wish to be contacted for a period of time regarding your property. You may have up to three marketing breaks not exceeding a maximum of 30 days in total (e.g. 1 x 30 days, 2 x 15 days, 3, x 10 days or any combination e.g. 1 x 5 days + 1 x 10 days + 1 x 15 days) after your property advert is live.
xv) Unless by prior agreement between you and us if you do not respond to or refuse a request for a viewing where more than 2 working days notice has been given on two or more separate occasions we reserve the right to withdraw your property from the market and no refund will be given.
xvi) Unless you have requested in writing not to receive offers below a specified amount, if you refuse an offer within 5% of your marketing price on two separate occasions then we reserve the right to withdraw your property from the market and no refund will be given.
xvii) There will be no fee payable to us in addition to the cost of any extra services purchased (if applicable) for the first calendar month after your property is first listed on Rightmove.co.uk – for example if your property listing becomes visible on Rightmove.co.uk on the 22nd of any month you will be asked before and/or on the 21st of the following month via phone/email if you would like to continue marketing your property with us. If you decide not to continue marketing your property with us or we do not hear back from you we may remove your property from the market without further notice. If you would like to continue marketing your property with us you may do so following successful payment for one of our marketing packages, the price of which will be discussed with you at the time (the minimum marketing only fee is currently £300).
xviii) If you complete the sale of your property to a buyer or buyers introduced by us within 6 months of us arranging the initial viewing of your property by the buyer(s) and we are not the agent marketing your property when the sale completes you will be liable to pay us a fee of 1% (plus VAT if applicable at that time) of the final sale price of your property. If you have subsequently instructed another agent this could mean you have to pay their fee as well as ours. This does not apply during the first calendar month of marketing with us. Why would we do this? This is to protect us from people taking advantage of our free month offer. It’s possible that when we introduce a potential buyer to one of our property vendors that they may exchange contact details so they deal directly with each other. If one of our vendors doesn’t wish to continue marketing their property through us after their free month has expired it’s possible a potential buyer may still contact them again directly and ultimately agree to buy i.e. they may have had other properties to view before making a decision which took longer than one month. This is a sale that we would have made possible by introducing the potential buyer in the first instance but we would not be able to claim we had made the sale possible as we would not be marketing the property at the time. Isn’t a 1% fee/penalty a bit excessive? Yes, we think it is, but in reality all the vendor would need to do is re-instruct us and pay the marketing fee (currently £300) and we would then assume the role of the selling agent and the vendor would avoid the 1% fee/penalty. Apologies for the long-winded explanation but we wanted to be totally clear that we’re not trying to catch anybody out, we just want everyone to act fairly.
xix) We will deem to have found you a buyer when all the conditions of clause (ix) have been met (where applicable). We will make all requests necessary to fulfil the conditions of clause (ix) by 5pm the day following your acceptance of an offer from a buyer or buyer(s) that we have introduced except where the following day is Saturday or Sunday or a Bank/Public Holiday applying to England, in those instances all necessary requests will be made by 5pm on the next day that is not Saturday or Sunday or a Bank/Public Holiday applying to England. The fulfilment of these requests in clause (ix) relies on third-parties and is outside of our control, therefore if you are within the first calendar month of marketing your property be aware that your property may be withdrawn form the market or you may be required to purchase one of our marketing packages if we cannot fulfil the relevant conditions of clause (ix) within the first calendar month of marketing your property. If you feel you are at risk of the fulfilment of clause (ix) taking you beyond the first calendar month from initially marketing your property you may wish to request we mark your property as sold subject to contract as per clause (x) but note that if the sale subsequently aborts you will be required to purchase a marketing package from us for us to begin marketing your property for sale again.
xx) Whether you have or have not purchased a marketing package from us clause (xi) will always apply.
xxi) The free month offer is available once per property per vendor. This means once a property has been marketed with us for one month the free month offer (if still available) will not be available to that property again whilst you are still sole, joint or one of multiple owners of it or whilst any company or partnership that you are or were a director or shareholder of is still full or partial owner or whilst such company or partnership has any interest in the property e.g. by way of a charge, restriction or trust deed.
xxii) Any signed paper contract between you and us will form the entire basis of the relationship between you and us and render the terms and conditions above null and void.