Terms and conditions

Sales

Terms & Conditions

Pursuant to the Estate Agent Act 1979 it is a requirement that you understand and accept our terms and conditions when instructing Longshoot Properties as selling agents for your property. Please read the terms set out below. By ticking on the acceptance box you agree to these terms and conditions but if you do wish to question anything about these terms you must contact us in writing, otherwise we will assume that you are happy with them.

Information about Longshoot Properties Ltd

The Website is owned by and managed by Longshoot Properties Ltd, a company registered in England and Wales with the company registration number 04591522 and having its registered address at 22-26 Coleshill Road, Nuneaton CV10 0NY.

Terms of this agreement:

1. Definitions within the agreement the following words of phases shall, unless the context otherwise requires, have the following meanings:

“Property” The property address for which you have instructed us to sell as stated at the end of the agreement under the term “selling address”

“Buyer” The Person buying your property

“Seller” The owner of the property or the person given the benefit to or who is entitles to sell the property.

“You” The owner of the property or the person given the benefit to or who is entitles to sell the property.

“Exchange Date” The date of which contracts of the sale of the property are legally exchanged and are legally binding

“Completion Date” The date agreed by both buyer and seller that is the completion of the sale/purchase

“Commission” The amount payable to Longshoot Properties in respect of our fees due from the introduction of a buyer who legally completed on the purchase of your property.

2. Fee Terms

All fees are to be paid in accordance with the package you have ordered. All payments are due on completion of your property sale.

Package options

Hybrid – Standard sale with options for add ons – Fee on completion

Traditional – Complete sale package – Fee on completion

Your agreement will be with Longshoot Properties Ltd who will be paid via your registered solicitor on completion of your sale.

If you have sold your property by other means, Longshoot have the right to ask for full disclosure of the purchasers details to make these checks.

Once your property is ‘Subject to Contract’ we will no longer hold viewings at the property and start the process of sale with solicitors. Once your sale is complete your property will be removed from all advertising portals.

If you wish to remove your property, you have a 14 day cooling off period from registering where any monies paid for advertising will be refunded. All cost quoted on the site include VAT.

2.2 All add ons as listed on the Longshoot Properties website are listed at the correct price at the time, changes to the prices can take place at any time and you the purchaser are not entitles to any discount if the add ons that they bought are reduced at a later stage.

2.3 If your property is being advertised by another agent, it is your responsibility to ensure you are allowed to advertise with us at any time. If you advertise with us and you are not allowed to within your other agent’s terms of contract then we can stop your listing with us within 24 hours.

2.4 Your fee paid is for listing one property per fee.

3. Your listing is with Longshoot Properties and portal members. We confirm that the point of instruction we are a member of the TPO scheme (The Property Ombudsman), and subscribe to its codes of practice. You must by law comply with the Consumer Protections from Unfair Trading Regulations 2008 which prohibits businesses from engaging in unfair commercial practices. The Consumer Protection from Unfair Trading Regulations 2008 requires 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 the property, whether oral, pictorial or written, is accurate and is 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 and questions about the property must be truthful, materially complete and not misleading.

3.1 Longshoot Properties guarantees that your property is listed on the Longshoot Properties website which is www.longshootproperties.com. Third party website portals are subject to change, they may or may not be controlled by Longshoot Properties and we do not guarantee continued presence on these websites, also sometimes these portals do encounter ‘feed’ issues with property listings and again, while they are correcting these issues Longshoot Properties is unable to offer any guarantee when the listing will be back up live and showing on that particular property portal although it is policy of Longshoot Properties to upload all our property details on to our property portal network at all times. Sometimes part of your listing may not entirely feed to our portal partners, it is your responsibility to check your listing and inform us of anything not showing correctly or any missing elements.

3.2 Your listing will automatically receive marketing until your property is STC (subject to contract) during which time we will list your property on your website and all partner websites. If you do not wish to carry on marketing then you can email or call Longshoot Properties and we will remove your property within 24 hours.

3.3 If you are supplying your own photographs (Max 50) and description we require these to be accurate when they are sent to us or uploaded onto our site. Additions or amends may be subject to a monetary charge.  Once our agent has made a date to visit you are obliged to keep the appointment, any cancellations must have 1 working day notice.

3.4 If you have paid for us to look after your photos and other add ons, you should be contacted within 24/48 hours by Longshoot Properties to arrange a visit. On some occasions this may take longer. If you are supplying your own photography you must have permission to use the photographs. Longshoot Properties have the right to take your listing off its site and off the portals if notified by a third party that the photographs used may not be permitted for use by the vendor. Longshoot Properties will notify the vendor and re-list the property as soon as the correct photographs are displayed or the authorisation is received from the third party. If we are providing photographs the fee paid will be for taking the photographs of one property.

3.5 Regarding the price of your property, we can advise on valuations form the data we have which is pulled in from various sources such as Rightmove, Zoopla and Land Registry and takes into account nations and regional trends in the housing market, however the price at which you decide to market your property will be solely down to your choice.

4. Viewings / messages and Offers received for your property

4.1 Viewings will be made through Longshoot Properties and depending on which package you choose and if you pay extra from accompanied viewings, A Longshoot agent will also attend each viewing and the prospective buyer and vendor will always report to Longshoot Properties.  All messages and offers received by Longshoot Properties will be passed on the vendor and Longshoot will act for both parties.

4.2 Longshoot Properties confirms that pursuant to the Estate Agent Act 1979 we will forward to you accurately in writing (which includes email correspondence), all offers from prospective purchasers within 2 days.

4.3 Once a sale has been agreed, Longshoot Properties will prepare and send out Memorandum of Sale by email to you and to both sets of solicitors involved and a copy shall also be sent to your prospective purchaser.

4.4 Once you have an accepted offer we will request solicitors details and provide recommended solicitor details if required, Longshoot Properties will be involved all the way through the sale process and update clients with the sale progression. NO EXTRA COST

5. Your obligations as the Seller(s) (Vendor) (s):

Important Note: In registering your property with us and/or by ticking the relevant box within the registration page of our website you the vendor agree to that;

All proof of ownership will need to be provided to mail@longshootproperties.com before advertising. If proof of ownership is not recieved your advert will not be advertised.

5.1 The Seller(s) hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement;

5.2 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.

5.3 Under the Money Laundering Regulations of 2003 we must carry out identity checks on both buyers and sellers of the properties that we market. Checks are completed using an electronic system and may require us to ask you for additions information such as your passport number or driving license number, which you must agree to provide on request.

5.4 The Seller(s) must provide an EPC or order an EPC for their property (and provide proof of their order if not done though 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.

6. Consumer Protection from Unfair Trading Regulations 2008

6.1 Your property details will be verified before marketing of the property can commence. The Seller will be responsible to approve details and to make sure all details are correct.

6.2 To ensure compliance with the Consumer Protection from Unfair Trading Regulations 2008 and to ensure that neither Longshoot Properties nor the seller becomes involved in and legal action, the seller must inform Longshoot Properties immediately of any incorrect or materially incomplete information within the sales particulars from the outset or at any point during the marketing or sale.

6.3 Any amendments that you make to your property listing will be vetted by Longshoot Properties and if we feel they are not valid they will be changed without notice.

6.4 Longshoot Properties reserve the right not to publish any information provided by the seller in order to comply with Consumer Protection from Unfair Trading Regulations 2008.

6.5 The seller shall indemnify Longshoot Properties, 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.

7. For Sale Boards

7.1 For Sale Boards are provided by Longshoot Properties and erected and taken down by an outside sign company. Boards will be provided free of charge.

8. Unoccupied Property

8.1 Longshoot Properties cannot accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been agreed.

9. Energy Performance Certificate (EPCs)

9.1 An EPC must be commissioned prior to marketing your property. Longshoot Properties will market your home as soon as the EPC or proof or order is available in full. If we provide your EPC then this is no refundable once the EPC has taken place.

10. Payment via Stripe

10.1 Refunds may only be given as the discretion of the management, where a refund is agreed it will take into account all the costs already incurred by Longshoot Properties.

11. Complaints

11.1 All complaints are to be made in writing and will be dealt with swiftly and professionally and in accordance to the guidelines set out by the property ombudsman’s. Longshoot Properties will always be available to assist you in any way to resolve any issues.

12. Right to Cancel

12.1 Contracts entered into off premises or at distance are all subject to a 14 day “cooling odd period”, where contracts are made off premises, you have the right to cancel a contract within a 14-day period, starting the day on which the contract was made. 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.

12.2 In the event that you wish to cancel the contract you must, within the 14 day “cooling off period”, inform Longshoot Properties of your decision to cancel in writing by email to jane@longshootproperties.com

12.3 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.

13. Intellectual Property Rights

Longshoot Properties and/or its licensors own all rights in the intellectual property rights relating to the service and the website.

14. You are expressly prohibited from:

14.1 Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the service and the website including without limitation, any information, articles, photographs, images or submissions in ups made available to you using the services and the website; and

14.2 Removing, modifying, altering or using any registered or unregister marks/logos/design owned by Longshoot Properties and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Longshoot Properties or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Longshoot Properties.

15. Your General Obligations

15.1 You shall not permit to appear on the website any information, property data, review, comments, images, links or other materials whatsoever in all format that may reasonably be deemed to be offensive, illegal, inappropriate or in any way: 

15.1.1 Promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

15.1.2 Harass or advocate harassment of another person

15.1.3 Display pornographic or sexually explicit material

15.1.4 Promote any conduct that is abusive, threatening, obscene, defamatory or libellous

15.1.5 Promote any illegal activities

15.1.6 Provide instructional information about illegal activities, including violating someone else privacy or providing or creating computer viruses;

15.1.7 Promote or contain information that you know or believe to be inaccurate, false or misleading

15.1.8 Engage in or promote commercial activities and/or sales, without the prior written consent of Longshoot Properties; or

15.1.9 Infringe any rights of any third party

15.2 You further agree that at all times you shall:

15.2.1 Not to do anything likely to impair, interfere with or damage or cause harm to distress to any persons using the website or in respect of the network;

15.2.2 Not use the website, the contact therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;

15.2.3 Not use any information obtained using the website otherwise than in accordance with these terms;

15.2.4 Comply with all instructions and policies from Longshoot Properties from time to time in respect of the website;

15.2.5 Co-operate with any reasonable security checks or requests for information made by Longshoot Properties from time to time; and

15.2.6 Use the information made available to you on the website at your own risk.

15.2.7 in the event that Longshoot Properties, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 15, Longshoot Properties shall reserve the right to take any action that it deems to be necessary to the website; and in the case of illegal use, the instigation of legal proceedings as appropriate.

15.2.8 Without prejudice to any of Longshoot Properties other rights and remedies, Longshoot Properties reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it  considers that there is a breach or threatened breach of this clause 15.

16. Entire Terms & Conditions

These terms and conditions set out the entire agreement and understanding between Seller, buyer and Longshoot properties ltd. We reserve the right to change these terms and conditions at any time, without giving notice to you.

Rental

Terms & Conditions

1. Definitions

1.1 ‘You’ or ‘The Landlord’ – named in the instruction form or its/his/her successors in title or assigns or any person claiming through or under the landlord.

1.2 ‘The Agent’ – referring to the partnership trading Longshoot Properties LTD

1.3 ‘The Property’ – together with fixtures furniture appliances and effects

1.4 ‘The Tenant’ –Any tenant or tenants of the property’ introduced by RentingandLetting.com

1.5 ‘Tenancy’ – The entire period that the tenant remains in occupation of the property

2. General Lettings Terms and Conditions

2.1 The Rent – Unless otherwise stated, rents quoted to a Tenant by us on the landlords’ behalf are inclusive of ground rent and service charge for which the Landlord is responsible for, with the exception of Gas, Electricity, the Telephone service, Water Charges and utilities for fuel, oil or other, where independent systems exist. Any rent requested on your behalf will not include Council Tax, a charge normally levied separately to the occupants of the property but in some cases local authorities may wish to charge you the Landlord.

2.2 Tenancy Agreement – Unless otherwise instructed we use standard form of Tenancy Agreement.

2.3 Sub-Letting – If you are a tenant or lessee you must make certain that i) That the intended unfurnished/furnished letting is permitted by your lease ii) that the unfurnished/furnished tenancy is for a period expiring prior to the termination of your lease iii) that your superior Landlords written permission, if necessary, has been obtained for sub-letting. If in doubt, refer to the lease or tenancy agreement.

2.4 Mortgages – Where the property to be let is subject to a mortgage, permission is normally required from the mortgagees to sub-let (if required) in writing, at the earliest date, please note that applying for permission after a tenant had been found could prejudice the tenancy.

2.5 Insurance – You must ensure that the building and contents insurance cover is adequate and that the policy covers furnished lettings; please note that many household policies do not provide such cover.

2.6 Fittings and Equipment – The Landlord agrees to make the property available in good, clean and able to let condition. The landlord is expected to ensure that all equipment, Electrical or otherwise, provided with property is fully operational and serviced at the commencement of a tenancy.

2.7 Indemnity of Agent - The landlord will indemnify and keep indemnified the Agent from and against any and all loses damages or liability suffered from during the time the Agent has or is acting on his/her behalf.

2.8 Inventories – it is strongly advised in all cases for a prepared inventory.  Longshoot Properties cannot be held responsible.

2.9 Deposit – Landlords must understand that all Bonds must be held within a Bond Deposit Scheme. The bond has to be registered within 30 days after the tenancy has commenced. If let only the landlord will have to provide us with their DPS Landlord ID number where the bond is held and details for their account so the agent can register this monies correctly.

Landlord & Tenant disputes – Letting Only – any disputes that arise between a landlord & Tenant who have used our services will be resolved solely by the landlord and tenant. We will not be responsible and should have no liability for any disagreements or disputes that may arise throughout a tenancy. We may seek to advise both the landlord and tenants about their individual rights and may offer advice on certain aspects of legal proceedings but at no point are we to be deemed liable for any damages or expenses incurred due to a landlord/tenant dispute.

Landlord & Tenant disputes – Managed Properties. Payment of the deposit will be made within 10 working days of written consent from both parties. If, after 10 working days following notification of a dispute to the Agent and reasonable attempts have been made in that to resolve any differences of opinion, there remains an unresolved dispute between the landlord and tenant over the allocation of the deposit it will remain in the DPS and the appropriate action taken.

3. Tenant References-

3.1 Tenant referencing is carried out by a third party referencing agency. (Rent4sure)

3.2 We will apply for an employment reference and a current or previous landlord reference

3.3 Should the tenant withdraw from the reference application or fail the reference there will be no refund of fees as services have been carried out.

3.4 Right for rent act - It is Longshoot Properties Ltd responsibility to check all immigration documents (passports, photo ID) at the time of viewings.  For further information please go to the home office website.

https://www.gov.uk/government/publications/right-to-rent-landlords-code-of-practice 

4. Regulations

4.1 Gas Safety (installation and use) Regulations 1998 – The Landlord is legally obliged to have all gas appliances inspected annually by a GAS SAFE registered engineer and a report provided to the tenant and/or displayed at the property. The landlord will warrant to Longshoot Properties that these regulations have and will continue to be fully complied with.

4.2 The Furniture and Furnishings (Fire) (Safety) Regulations 1998 – The Landlord has a legal obligation to ensure that all furniture in the property to be let and included in the letting, provided or added during the Tenancy fully comply with the requirements of the Consumer Protection Act 1987 and all statutory instruments made under it including in particular the Furniture (Fire) (Safe) Regulations 1988 as amended by the furniture and furnishings (Fire) (Safe) (Amendment) Regulations 1989 and 1993.

4.3 The Electrical Equipment (Safety) Regulations 1994 – The Landlord is required to ensure the safety of electrical appliances, plug sockets and wiring in the property and the electrical supply is ‘Safe’ and will not cause ‘danger’ and complies with all statutory requirements.

4.4 All tax that is due from rental income is declared to the Inland Revenue no matter if the landlord is resident in the UK or overseas.

4.5 Landlord and tenant Act 1987 – If your address is outside England and Wales then you must provide an address within England and Wales to which notices (including notices in proceedings) may be served to you. We will not accept liability for any loss or damage incurred either directly or indirectly from our actions in this respect.

4.6 Property Mis-description Act 1991 – if the landlord(s) responsibility to check the website description of his/her property and notify of any amendments required. The landlord(s) shall indemnify Longshoot Properties its proprietors, directors, employees or agents, against any claim made in respect of the property or any Mis-description herein that arise wholly or partially out of the act or default of the Landlord(s).

4.7 Suspicious Property Registrations - if it is found that’s a property has been registered for any reason other than to find a prospective tenant, the property will be removed from the Longshoot Properties service straight away and no refund will be offered. Longshoot properties reserve the right to suspend any rental advert until further notice if it is deemed by Longshoot Properties that a registration has been placed within our services under misleading circumstances. In the event that the landlord has more than one available property, a separate lettings package must be purchased for each individual property. If we believe the landlord is using one property to let another, the property will be removed and no refund will be given.

4.8 Tenancy Deposit Scheme – The Tenancy Deposit Scheme came into force on the 6th April 2007. You need to protect the Tenants deposit or you will be ordered to repay three times the amount to the tenant. Information must be given to the tenant about which scheme the landlord had chosen to protect the bond within 30 days of the tenancy.

4.9 Energy Performance Certificate – From October 2008, privately renting tenants will have to be issued with an EPC from their Landlords. But don’t despair we already have energy assessors lined up to do the assessment. The cost of the EPC is £55 +VAT. This is a legal requirement and we will be unable to advertise your property until we have a valid EPC within 7 days. We reserve the right to remove any property listed, we shall be released from our money back guarantee in relation to the property.

5. To Let Boards

6. Data Protection

Registration Reference number ZA036925.

8. Licence

Longshoot Properties grants you a license to access the content, information and services contained within our website for personal use only. This license allows you to download and cache (using browser) individual pages from our website. This license does not allow you to download and modify individual pages or substantial parts of our website not to make our website available via internet, where our website or a substantial part of it is hosted locally on the internet in question. Our website design layout, content or text cannot be copied, edited or otherwise manipulate without our express prior written permission. Our website cannot replace within the frame-set of another site. Third parties are not allowed to ‘deep link’ to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive. The restriction on ‘deep linking’ does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.

9. Copyright

All content, databases, graphics, button icons, logos, layouts and look & feel are the copyright of Propertyletbyus.com unless expressly acknowledged as otherwise.

10. Entire Terms & Conditions

These terms and conditions set out the entire agreement and understanding between landlords, tenants and Longshoot properties ltd. We reserve the right to change these terms and conditions at any time, without giving notice to you.