Terms & Conditions

Terms and Conditions

Introduction                            

These terms and conditions, together with the BetterMove privacy policy and the BetterMove cookie policy, and any other terms provided to you by aBetterMove Limited (‘ BetterMove’, ‘we’ or ‘us’) set out the terms of the agreement between you and BetterMove under which BetterMove will provide its services to you and you may make use of our website, www.bettermove.co.uk (‘Our Site’) and Services (as defined below). When instructing BetterMove as agents to sell your property it is a requirement under the Estate Agents Act 1979 that you understand and accept these terms and conditions.

Please read these terms and conditions carefully before you accept and agree to be bound by them. These terms and conditions can be saved or printed for you to keep. By ticking on the acceptance box online or by authorising payment for the Services (as defined below) over the telephone, you agree to these terms and conditions. Once you agree to the terms and conditions or authorise payment for the Services over the telephone your order will be placed with BetterMove and you will receive a Welcome to Market email confirming the details of the Services that are to be provided. However, if you have any concerns or questions regarding these terms and conditions then please do not tick the acceptance box or authorise payment and instead, please contact BetterMove in writing via the contact email address specified in these terms and conditions.

Information about BETTERMOVE

BetterMove provides online estate agency services to individuals and businesses to facilitate property sales in the United Kingdom (excluding Northern Ireland).

Our Site is owned and operated by BetterMove. BetterMove is a trading style of aBetterMove Ltd, a company registered in United Kingdom under company number 09120252, our registered address is at Unit 20, Kings Road, Swansea, SA1 8PL. BetterMove’s VAT number is 256860575.

BetterMove is a member of The Property Ombudsman scheme and follows The Property Ombudsman’s Code of Practice for Residential Estate Agents, which is available to view at www.tpos.co.uk. BetterMove is also registered with The Property Ombudsman’s Approved Estate Agents Redress Scheme.

Definitions

In these terms and conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:

‘Associates’

means directors, employees, sub-contractors and agents of BetterMove;

‘Extra Services’

means any products offered and provided by BetterMove which are additional to the BetterMove Package;

 ‘Completion’

means the date on which the legal transaction of the sale of the Property is complete;

‘Account Manager’

means the person(s) licensed by BetterMove to conduct Market Appraisals and other related services in respect of the Property;

‘Market’

means the Property is listed for sale on Our Site and/or is listed on any Partner Sites by BetterMove;

‘Market Appraisal’

means the market appraisal service provided by the BetterMove attending the Property and recommending a guide price for the sale of the Property;

‘Marketing Period’

means the period of 12 months from the date that BetterMove commences the marketing of the Property on Our Site or Partner Sites or until such time as the Property advert is removed or withdrawn by BetterMove on Our Site or such Partner Sites. The Marketing Period may be extended in BetterMove’s sole discretion;

‘Memorandum of Sale’

means the document that is signed by both the Purchaser and Seller confirming the terms of an offer for the purchase of the Property which has been accepted, where both parties agree to proceed with the formal aspect of the sale.

‘Partner Sites’

means Rightmove, Zoopla and any other website that BetterMove decides to partner with to promote the Property from time to time;

‘Property’

means the residential property in the United Kingdom (Excluding Northern Ireland) that you have asked a BetterMove Account Manager to appraise or have instructed BetterMove to advertise for sale;

‘Purchaser’

means the person(s) purchasing the Property;

‘Rightmove’

means the website at www.rightmove.co.uk, owned and operated by Rightmove Plc, a company registered in England under company number 6426485 and having its registered office at Turnberry House, 30 Caldecotte Lake Drive, Caldecotte, Milton Keynes, MK7 8LE;

‘Vendor’

means the owner of the Property or the person who is entitled to sell the Property;

‘Services’

means the estate agency services provided by BetterMove, as set out in these terms and conditions;

‘VAT’

means value added tax chargeable under the Value Added Tax Act 1994;

‘BetterHub’

means the interactive facility on Our Site where you can view details of the Property listings, diary appointments and availability and offer letters through a dedicated account ;

‘BetterMove Package’

means the package of Services provided by BetterMove for a fixed fee (as advertised on Our Site)

‘Zoopla’

means the website at www.zoopla.co.uk owned and operated by Zoopla Property Group Plc, a company registered in England under company number 09005884 and having its registered office at Harlequin Building, 65 Southwark Street, London SE1 0HR.

‘Electronic Signature – RightSignature’

Means to legally obtain, binding signatures electronically on documents online — more quickly and securely than executing paper documents via RightSignature secure platform.

Terms of Use

This section sets out the rules and standards that you must follow when using Our Site and the BetterHub. If you do not agree to these terms, you must not use Our Site or the BetterHub. If any future changes to these terms of use are necessary, an updated version of these terms and conditions will be posted on Our Site. You should check Our Site frequently for any changes. By continuing to use Our Site and the Services you agree to any such updated terms and conditions.

Terms of Service

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

We may amend or revise these terms from time to time and an updated version of these terms and conditions will be posted on Our Site. You should check Our Site frequently for any changes. By continuing to use Our Site and the Services you agree to any such updated terms and conditions.

Prior to instructing bettermove

After you register on Our Site, you can use the BetterMove or BetterHub website to book an appointment. At no cost, your Account Manager will conduct a professional online valuation of the property.

Market Appraisal

Any recommended guide price for the Property provided to you as part of an online valuation is based on data obtained from various sources including but not limited to Partner Sites and the Land Registry. In addition, the online valuation takes into account national and regional trends in the Market. Ultimately, it will be your decision (as a Seller) as to the guide price at which you wish to market and sell your Property and you will be allowed to amend this by notifying BetterMove, via email or telephone, at any time during the Marketing Period.

If you decide to instruct BetterMove for the sale of your Property and your Account Manager receives consistent feedback from prospective Purchasers that suggests that the guide price of the Property is too high or the Property receives little interest from Purchasers, your Account Manager will contact you to discuss a review of the guide price of the Property.

Instructing BETTERMOVE

Following the Online Valuation conducted by the Account Manager in relation to the Property, should you then wish to instruct BetterMove to sell the Property, via Our Site or over the telephone, you must confirm that you accept these terms and conditions. BetterMove’s acceptance of your instruction is subject to receiving satisfactory verification of your identity and details of your Property via the Electronic Signature Service – RightSignature.

As a Vendor, when you instruct BetterMove, 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.

BetterMove reserves the right to cancel our agreement with you at any time in accordance with its Cancellation and Refund Policy set out below.

Our Services

BetterMove Services are comprised of the BetterMove Package that includes a collection of Services to facilitate the marketing of the Property on Our Site and Partner Sites for a fixed fee. You may be offered Extra Services by BetterMove.

With our Up Front Package Payment for all Services must be made in advance through one of the payment methods outlined in these terms and conditions. Details of the fee can be found on Our Site. Due to the nature of the Services, BetterMove cannot guarantee the time it will take to sell your property. You are advised to heed the advice of your Account Manager with regards to selling your property.

With our Pay Later Package you have chosen to defer payment upto 12 months interest free and are entering into a separate agreement subject to terms and conditions of our finance partner Deko which is a trading style of Deko. You will be supplied with Terms & Conditions upon application.

Third party websites such as Partner Sites are subject to change and we do not guarantee the continued presence of the Property on these websites.

BETTERMOVE PACKAGES

All BetterMove Packages include the following services: the Marketing of your Property on Our Site and selected Partner Sites (all as more specifically details below and on Our Site), your property matched against our database of pre-approved buyers, Online Valuation, Sales Brochure and For Sale Board, professional negotiation and progression to completion with a dedicated Account Manager.

BetterMove agrees to provide the Services in relation to the Property only for such a time that there is a BetterMove Package active on your account.

Description of Property and Photographs

You are responsible for ensuring that all descriptions, photographs, floor plans and any other information relating to the Property are accurate, current and in no way misleading (please refer to the section headed ‘Description of the Property’ in these terms and conditions, below).

Offers

BetterMove will provide you with written confirmation of all offers received from prospective Purchasers by email or phone call as soon as an offer is made (unless you instruct us not to do this).

Once BetterMove receives confirmation that an offer for the sale of the Property has been accepted and the Memorandum of Sale has been signed by both parties, we will automatically forward your details to the conveyancer or solicitor you have instructed.

Sales Support

If you are a Vendor who has accepted an offer from a Purchaser, you will have access to our Sales Support who will liaise with solicitors, mortgage brokers, and estate agents in order to assist you up to the Completion of the sale of the Property. BetterMove shall have no liability in respect of any aborted purchases and any associated costs. In the event that a sale of your Property does not complete, BetterMove will resume marketing the Property at your request for the remainder of the Marketing Period. BetterMove 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. BetterMove accepts no liability for any loss arising as a result of such communications between the parties.

If you, as the Vendor, exchange contracts on the Property with a Purchaser you agree to notify BetterMove immediately of such an exchange of contracts. Upon receiving notification of the exchange of contracts on your Property, BetterMove has the right to remove the Property from the BetterHub, Our Site and all Partner Sites.

Viewings

If you are the Seller it will be your sole responsibility to conduct viewings for prospective Purchasers and BetterMove assumes no further responsibility in this respect unless you have instructed otherwise as outlined in ‘Accompanied Viewings’ below.

EXTRA SERVICES

Once you have instructed BetterMove, you can select Extra Services relating to the marketing of the Property. Additional fees for any selected Extra Services are to be paid in advance and may be subject to additional terms and conditions. You can purchase Extra Services at any time during the Marketing Period. Once the provision of any Extra Service has commenced, whether by BetterMove, or any third party, there are limited circumstances in which the fees for such Extra Services Products can be refunded. Please refer to the BetterMove Cancellation and Refunds policy below.

Energy Performance Certificate (‘EPC’)

It is a legal requirement for you to have a valid EPC for the Property before we can Market the Property, and this must have been produced in the past 7 years. You are responsible for ensuring that you have a valid and up to date EPC prior to the advertisement for the Property going live.

You can purchase the compilation of an EPC through BetterMove as part of our Extra Services. This Extra Service is fulfilled by our nominated provider who may change from time to time. You acknowledge and agree that in purchasing this Extra Service, BetterMove will share your personal data (including your contact details) with such third party provider. BetterMove will place an order with the provider who will liaise directly 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.

‘For Sale’ Boards

As part of the BetterMove Package, BetterMove will arrange for a ‘For Sale’ board provider to erect one ‘For Sale’ board at the Property (unless the Property already has a ‘For Sale’ board of any other estate agency). The ‘For Sale’ board shall belong to BetterMove and we will arrange for the board to be collected at such time when the Property is withdrawn from the Market, or at the end of the agreed Marketing Period, whichever is the sooner.

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 BetterMove or the provider.

Accompanied Viewings

If you are the Vendor and would like your BetterMove Assisted Viewings at the Property you may purchase the Assisted Viewings Extra Service. You must ensure that your Account Manager has access to the Property at the date and time of any arranged viewings. You must ensure that the Property is in a safe condition and prepared for any and all viewings. This is an Extra Service that is fulfilled by a third party and must be paid for in advance.

Rightmove Premium Listing

A Rightmove Premium Listing is an Extra Service fulfilled by BetterMove’s Partner Site, Rightmove. You should refer to Rightmove for more information about the product. This Extra Service is non-refundable, save in accordance with the Cancellation and Refunds policy.

Zoopla Premium Listing

A Zoopla Premium Listing is an Extra Service fulfilled by BetterMove’s Partner Site, Zoopla. You should refer to Zoopla for more information about the Product. This Extra Service is non-refundable, save in accordance with the Cancellation and Refunds policy.

Fees and Payment

The fee for the relevant BetterMove Package is as advertised on Our Site and the fees for Extra Services offered by BetterMove will be charged at the rates detailed on Our Site. The total amount which will be payable by you will be calculated depending on the Extra Services (if any) you have selected. The BetterMove Package is based on the marketing and promotion of one property and if you want BetterMove to market multiple properties, additional fees (available on request) will be payable.

You must pay for the Package in advance by providing us with your credit or debit card details and authorising payment for the Services, either online or over the telephone with one of our Account Managers (the “Pay Now” option), or you can defer payment for the Services (the “Pay Later” option), as set out below.

“Pay Now”

By electing to use this payment option, you agree to pay BetterMove in advance for the BetterMove Package and any Extra Services selected. Payment can be over the telephone with one of our BetterMove Account Managers, using a credit or debit card. Payments are processed by BetterMove’s nominated partner that may change time to time.

“Pay Later”

Subject to this option being available, you may defer payment by making a successful application for a credit facility offered by Deko. By completing the instant credit application form to defer payment for the BetterMove Package you are entering into a separate credit agreement with Deko which is not connected to your agreement with BetterMove and will be subject to Deko’s separate terms and conditions and privacy policy. Therefore, please make sure you review Deko’s terms and conditions and privacy policy and are comfortable with these terms before you apply for credit. Deko may contact you directly to verify any of the information submitted in your credit application.

If your credit application to Deko is declined, the Pay Later option is no longer available to you and you must pay for the Services in advance under the Pay Now option, set out above.

If your credit application to Deko is successful, you will be notified by email/telephone and the deferred payment will fall due either (i) 12 months from the date on which the order for the BetterMove Package is made; or (ii) the date of Completion of the sale of your Property, whichever is the sooner.

Marketing

BetterMove will advertise the Property 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, and such circumstances will terminate the Marketing Period.

Additional services

BetterMove may offer Vendors and prospective Purchasers additional services such as insurance, mortgages, surveys and conveyancing via trusted third party suppliers from whom we may receive commission. You acknowledge and agree that any relationship between you and a third party supplier is separate from this arrangement with BetterMove.

Multiple Agency

When you instruct BetterMove to advertise the Property, you do so on a ‘multiple-agency’ basis. A ‘multiple agency’ basis means you can use two or more estate agencies to promote the Property for sale.

If the Property is being advertised by another estate agency, it is your responsibility to ensure that you are allowed to advertise with BetterMove at the same time. If you instruct BetterMove to advertise the Property and subsequently find that this puts you in breach of your other agent’s terms of contract then your listing can be stopped provided you give us at least 48 hours’ notice in writing.

In the event of cancellation for this reason you shall not be entitled to a refund unless notification is given to BetterMove prior to the Property going live on Our Site and Partner Sites or in accordance with the section Cancellation and Refunds below.

If you are using more than one estate agency to sell the Property you agree to pay our fees for the Services and also any other agency fee (subject to the terms that you agree with the other agency). You must make such payment in accordance with Pay Now or Pay Later options set out in these terms and conditions.

Description of the Property

The Consumer Protection from Unfair Trading Regulations 2008, as amended by the Consumer Protection (Amendment) Regulations 2014 (‘CPUTR’) require you to disclose any information you are aware of that relates to the Property in a clear, intelligible and timely manner. All information you provide must be accurate and must not be misleading. You are wholly responsible for the accuracy of all information supplied to BetterMove in relation to the Property.

If you are a Vendor, you acknowledge and agree that it is your responsibility to check your listing including the description and photographs and notify BetterMove of any incorrect or missing information prior to the Property being listed on the Market. If at any time you become aware of any such incorrect or missing information while the Property is listed on the Market you must notify BetterMove immediately.

If BetterMove is notified or made aware of information or material provided by you that infringes a third party’s intellectual property rights BetterMove has the right to remove the Property from Our Site and Partner Sites immediately and prevent your access to the Vendor without notice to you.

Your Obligations:

You warrant and undertake that you:

  • have the necessary authority, power and capacity to instruct BetterMove to list the Property for sale;
  • will on request provide BetterMove with all identity documents required for compliance with the Money Laundering Regulations 2007;
  • will provide an Energy Performance Certificate (EPC) or proof that an EPC has been commissioned for the Property (unless you have selected this as an Extra Service via BetterMove);
  • all information and material provided by you for listing the Property will comply with the CPUTR, and you will notify BetterMove immediately of any incorrect or misleading information within the sales particulars of the Property;
  • will provide third parties with access to your Property as reasonably required by BetterMove;
  • will co-operate with BetterMove in all matters relating to the Services;
  • will provide BetterMove with such information and materials as BetterMove may reasonably require in order to provide the Services, and ensure that such information is accurate;
  • own or are licensed to use any and all intellectual property rights in any content uploaded onto Our Site or the BetterHub and that any such content does not infringe any third party’s intellectual property rights; and
  • will co-operate with any reasonable security checks or requests for information made by BetterMove from time to time.

You agree that you will indemnify BetterMove and/or its Associates, and keep BetterMove and/or its Associates indemnified, from and against all direct costs, expenses, damages and losses, which may be suffered or incurred by BetterMove in connection with any claim made against BetterMove for infringement of a third party’s intellectual property rights in respect of the information provided about the Property, or any breach of the CPUTR.

BetterMove must carry out due diligence on all customers and you agree to provide BetterMove with any documentation that it may require for these purposes. In the event that BetterMove is unable to verify your identity and cannot comply with its obligations under the Money Laundering Regulations 2007, BetterMove shall be entitled to terminate its agreement with you immediately, without notice to you, and cease to provide the Services with immediate effect.

Limitation of Liability

BetterMove does not exclude or limit in any way its liability for death or personal injury caused by its negligence or the negligence of its Associates, fraud or fraudulent misrepresentation; or breach of any terms implied by the Supply of Goods and Services Act 1982.

If BetterMove fails to comply with these terms and conditions, BetterMove will reimburse you for any losses that you suffer that are a foreseeable consequence to both you and BetterMove at the time you accepted these terms and conditions. However, BetterMove’s liability to you shall not exceed the price you have paid for the Services (including the BetterMove Package and/or any Extra Services). BetterMove’s liability shall not in any event include business losses such as loss of data, loss of profits, loss of contracts or business interruption.

BetterMove will not accept any responsibility for any damage or loss suffered as a result or in connection with the placing and erection of the ‘For Sale’ board on your Property. In order to meet the requirements of The Town and County Planning (Control of Advertisements) (England) Regulations 2007 and The Town and Country Planning (Control of Advertisements) (Amendment) (Wales) which permit the display of only one ‘For Sale’ board, it is your responsibility that whilst a BetterMove ‘For Sale’ board is displayed, no other boards are erected for the Property. You shall also be responsible for removing the ‘For Sale’ board from public display no later than 14 calendar days after the sale of your Property has completed.

BetterMove does not accept any responsibility for any loss or damage caused by a prospective Purchaser visiting the Property.

You agree that it is your responsibility to ensure the safety of any prospective Purchaser visiting your Property, and BetterMove does not accept any liability in this respect.

Cancellation and Refunds

Your right to cancel

You can cancel our agreement at any time within 14 calendar days after the date on which you accepted these terms and conditions (the ‘Cancellation Period’).

To exercise the right to cancel, you must inform us of your decision to cancel this contract by sending us a clear statement in writing to A Better Move Ltd, South Lodge, Thorn Lane, Leeds, LS8 1NN. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

If you have instructed BetterMove to carry out any Services before the expiry of the Cancellation Period (which, for the avoidance of doubt, will include making the advert for the Property live on Our Site, the BetterHub and/or any of the Partner Sites) you will be liable for the costs of such Services that have been provided up to the date of the cancellation.

You will not be able to cancel our agreement within the Cancellation Period if the Services have been fully performed. If a full or partial refund payment is due, you must provide BetterMove with accurate banking details in order for us to process such refund to you.

If you have instructed BetterMove (or any of its nominated partners) to carry out any services for you as part of any Extra Services later in the Marketing Period, you have 14 calendar days after the time you purchase such Extra Service in which you can change your mind. Once BetterMove or its nominated partner has completed the services you cannot change your mind, even if the 14-day period is still running. If you cancel after BetterMove or its nominated partner have started providing the services, and you have paid for the Extra Service in full and in advance, BetterMove will refund you an amount proportionate to the services that are still unperformed (such reimbursement to be made 14 calendar days after the date on which you cancel our agreement).

You may ask us to remove your details at any time from Our Site, but this will not mean that you are entitled to a refund, except as set out above for cancellations for the Services made during the Cancellation Period or for cancellations of Extra Services made within 14 calendar days of the purchase, refunds will only be given at the sole discretion of BetterMove. Where BetterMove agrees to give a refund, it will take into account all the costs already incurred with regard to the marketing of the Property, including set up costs as well as any external costs such as placing orders with third parties.

BetterMove’s right to cancel

Where BetterMove terminates our agreement with you prior to commencing the Services, you will be entitled to a full refund of the amounts paid by you for the BetterMove Package and any Extra Services.

Following the commencement of the Services, BetterMove may terminate our agreement with you at any time by writing to you if you do not, within a reasonable time of either BetterMove asking for it, provide us with information that it necessary in order for use to provide the Services (including but not limited to information requested to verify your identity and your ownership of the Property (where applicable to an instruction). Where BetterMove terminates our agreement with you for this reason, you must compensate BetterMove with reasonable compensation for the net costs incurred by BetterMove as a result of your breaking our agreement. You will be required to make payment to BetterMove within 14 calendar days of the date of any invoice issued to you by BetterMove in this respect.

BetterMove may withdraw any or all of the Extra Services by writing to you and providing at least 14 calendar days’ notice in advance of our stopping the supply of the relevant Extra Services and will refund any sums you have paid in advance for such service or product which will not be provided.

Complaints

Any complaints about the Services must be made in writing and sent to BetterMove FAO Customer Relations Manager, Bettermove, South Lodge, Thorn Lane, Leeds, LS8 1NN. Any such complaints will be dealt with swiftly and professionally as per the complaints procedure which is available upon request.

In the event that any complaint cannot be resolved with BetterMove directly, please be aware that BetterMove is registered with the Property Ombudsman Scheme which provides consumers with a free, impartial and independent alternative dispute resolution service.

You may also seek to resolve any dispute under the EU’s online dispute resolution platform found here: http://ec.europa.eu/consumers/odr/

Applicable law

These terms and conditions are governed by English law, and you and BetterMove agree to submit to the exclusive jurisdiction of the English courts.