Terms and Conditions
Terms and Conditions
Scottish House Move Agreement
1a. If you have chosen option 1 £595 (including vat) upfront there is no sales commission and you agree to use a firm of solicitors on our panel for conveyancing.
1b. If you have chosen option 2, You will be liable to pay £895 (including vat) on sale or after 6 month or whichever comes first and you agree to use a firm of solicitors on our panel for conveyancing.
2. You instruct Scot House Move Ltd to advertise your property within the ScotHouseMove.com portal and other main property portals covering a 6-month marketing period. Before expiry of the 6-month period you will be given an opportunity to purchase another 6 months advertising and marketing period for £150 (plus vat) If you do not wish an additional advertising period, or you cannot be contacted, we the reserve the right to bring your advertising to an end and your property may be withdrawn from the market.
3. Your property shall not be marketed for sale until ScotHouseMove.com has in our possession an up-to-date and valid copy of a home report for the property to be marketed for sale in conjunction with Scottish legislation.
4. I understand that this agreement may be terminated by giving ScotHouseMove.com 7 days’ written notice and where full payment of all outstanding fees in relation to option 2 becomes due and any payment where the Home Reports has been deferred of any other services purchased but not paid for.
5. ScotHouseMove.com reserves the right to terminate this agreement with 7 days’ written notice if a seller fails to make contact with our office in regards to viewing arrangements or marketing advice. On termination any outstanding fees become due immediately.
6. ScotHouseMove.com will, if instructed and paid for by you, supply you with a “For Sale” board. ScottishHouseMove.com do not install the for sale board, however we can instruct a third party to install the for sale board and take no responsibility for the erecting and disposal
7. ScotHouseMove.com will, if instructed and paid for by you, supply you with a “V-Board” board at the property for sale. The “V-Board” supplied is deemed as your property and it is your responsibility to erect the “V-Board” and take it down once you sell ScottishHouseMove.com are not liable for any replacement board and do not take responsibility for any damage caused by weather conditions.
8. ScotHouseMove.com shall prepare a digital schedule of your property particulars on your behalf, however Scot House Move.com are not responsible for any of the information that it provides to buyers and sellers. All information on our website and all information provided to buyers and sellers directly, cannot be guaranteed and they do not form part of any contract. You must approve your property particulars and details, within three days of completion. If we don’t hear from you within this period, we will assume you are happy with the contents and will commence to publish online. Should you want a more comprehensive schedule and improved photography, then additional costs will apply depending upon your specific requirements.
9. Money Laundering Regulations dictate we must carry out identity checks on all seller of a property we market for sale. We therefore require from you information such as a photocopy of your passport and/or driving license as well as an up-to-date utility bill. Your property cannot be marketed for sale until we have this documentation in our possession.
10. The seller shall indemnify ScotHouseMove.com, 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.
11. In terms of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days of signing our contract without giving any reason. This does not apply where performance of that service has been chosen to be waived by you the customer and we have engaged in specialist work on your behalf. For a model cancelation form please contact our office
12. The upfront fee for option 1 is non-refundable in the event of the property remaining unsold, being withdrawn from the market or being sold by another agent, yourself or by any other means.
13. ScotHouseMove.com offer an accompanied viewing service in certain areas, where our agent will host the viewing for you and this is a chargeable service. Viewings must be paid to account and purchased in blocks of 5.
14. I/We hereby appoint ScotHouseMove.com as selling agents. I have read the above terms and conditions and agree to abide by them. I hereby irrevocably authorise and instruct my Solicitor to deduct your commission (option 2 only) and any other outlays purchased but not paid for from the sale price when received and to remit the full amount on or before the date of entry.
15 You must not deliberately misrepresent any information you provide to us or withhold information that you know or ought to know will be material to any transaction. Where you do so we will be entitled to recover any costs that this Firm incur as a result of your actions.
16 Scothousemove.is a data controller within the meaning of the Data Protection Act 1998. While acting for you, we may require personal data about you. We are committed to complying with our responsibilities under the Data Protection Act 1998 in respect of such personal data. By engaging us to act for you on this matter, you consent to our collecting and storing certain personal information which will not be used other than in the normal course of providing advice to you. This may include the disclosure of personal information to our business partners or third parties, including by electronic means, as necessary for the completion of your work. We, or our approved business partners may contact you from time to time to inform you of products or services that we believe may be of interest to you and in particular we may release your details to our business partners, including mortgage brokers. You should notify us in writing if you do not wish to be contacted by our third party business partners and if you do not wish your personal details shared with our business partners. If you do not consent to the disclosure of your personal data, please contact us immediately. We shall retain personal data for as long as is required in accordance with good business practice and the firm's policy on document retention. We shall use our best efforts not to retain information about you once it is no longer required.
17 If we are given instructions by a private limited company then, unless otherwise agreed with you in writing in advance, it is a condition of our accepting these instructions that the directors or the party giving the instructions are jointly and severally liable along with the company for payment of our fees and costs and any interest thereon.
18 It is our policy to follow up all viewer feedback via email where this information has been provided. We will send up to two chaser emails at selected intervals and if we have had no response, it is safe to assume the viewer is not interested and as such, no further contact will be sought unless we have good reason to do so.
To comply with the Data Protection Act, we will not follow up requests for Home Reports and Schedules unless the potential purchaser has requested further information.
19 If we are marketing your property through option band you subsequently sell to a buyer known to you, including either a friend or family member, we are nevertheless entitled to our full estate agency fees unless the potential buyer is disclosed in writing at the very beginning of the transaction prior to your property going on the open market.
20. We are entitled to our full fee at the end of 6 months or if you decided to terminate our service within the 6 months period or if you wish to continue marketing your property beyond the 6 month period. Where payment is not provided at the end of 6 months we are entitled to charge an additional £100 per month for every month or part month until full payment is received.
21. These terms and conditions are governed by the Law of Scotland and are subject to the jurisdiction of the Scottish Courts. The parties hereto irrevocably agree that Glasgow Sheriff Court shall have exclusive jurisdiction to settle any dispute or claim that may arise under or in connection with these terms of business or the subject matter or formation hereof (including non –contractual disputes or claims).