Terms & Conditions

Terms and Conditions

If you continue to use this website, and Bettermove in general, you are agreeing to comply with and be bound by the following Terms and Conditions of use which in addition to our Privacy Policy govern Bettermove’s relationship with their customers.

General

Information about BETTERMOVE

Our Site is owned and operated by BetterMove. BetterMove is a trading style of Blootek Ventures Limited, a company registered in United Kingdom under company number 11833187, registered address BlooTek Ventures Ltd, 20-22 Bridge End, Leeds, LS1 4DJ

BetterMove provides online estate agency services to individuals and businesses to facilitate property sales in the United Kingdom.

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.

Definitions

In these terms and conditions the following words and phrases shall have the following meanings:

‘Account Manager’

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

‘Extra Services’

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

‘Marketing Period’

means the period of 6 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the marketing of the Property on Our Site or Partner Sites or until such time as the Property advert is removed or withdrawn by BetterMove on Our Site or such Partner Sites.

‘Partner Sites’

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

Social Media Platforms

Means Facebook, Twitter and any other social media platform BetterMove decides to promote your Property;

‘Property’

means the residential property in the United Kingdom that you have asked BetterMove to appraise or have instructed BetterMove to advertise for sale;

‘Completion’

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

‘Seller’

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;

‘BetterHub’

means the interactive facility on Our Site where you can view details of the Property listings, diary appointments and availability and the progress of your sale of property;

‘BetterMove Package’

means the package of Services provided by BetterMove for a fixed fee (as advertised on www.bettermove.co.uk)

 ‘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.

Complaints

Please refer to our complaints page: www.bettermove.co.uk/complaints for details on our complaints procedure.

 

Seller

Property Valuation

The  Property valuation provided to you as part of an online valuation is based on data obtained from various sources including Partner Sites and the Land Registry. Our online valuation takes into account national and regional market value trends. You may contact BetterMove, via email or telephone, at any time during the Marketing Period if you wish to amend the value of your Property.

Instructing BETTERMOVE

Upon instructing BetterMove, 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.

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

BETTERMOVE Packages

BetterMove Packages may include some or all of the following services: the Marketing of your Property on Our Website and selected partner sites and property portals, 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 within your account.

The service provided by BetterMove is fulfilled when one or more of the following has taken place; your property is listed on BetterMove website, your property is listed on the relevant property portal or portals and social media platforms, we have ordered a for sale board (if requested), we have ordered photography of your property (if requested), your property brochure has been compiled and signed off by the seller.

Property Description & Photographs

The content of the property particulars has been provided by You the Vendor.

The extent of the property and its boundaries are subject to verification by inspecting the properties title deeds and/or by instructing a surveyor. The measurements in these particulars are approximate only and have been provided for guidance purposes only. The fixtures, fittings and appliances have not been tested and therefore no guarantee can be given that they are working. The internal photographs used in these particulars are reproduced for general information and it cannot be inferred that any item is included in the sale.

By marketing your property with BetterMove you confirm that you have checked the content of the draft particulars of sale sent and can confirm that the content is correct and accurately describes the Property.

You also agree to indemnify Bettermove against all liabilities, costs, expenses, damages and losses that they may incur if it is found that the particulars for sale mis-describe the Property or are inaccurate.

Offers On Properties

BetterMove will contact you with confirmation of all offers received from prospective Purchasers by email or phone call as soon as an offer is submitted.

Upon receiving confirmation that an offer for the sale of the Property has been accepted and the Memorandum of Sale has been signed by both parties, BetterMove will pass over all relevant details to our partner conveyance or the conveyance/solicitor you have instructed.

Sales Support

Signing up to our BetterMove Packages will allow you access to our Sales Support Team who will assist you up to the Completion of the sale of the Property. BetterMove will have no liability in respect of any aborted purchases and any resulting costs.

Upon exchange of contracts on the Property with a Purchaser you agree to notify BetterMove. Upon receiving notification of the exchange of contracts on your Property, BetterMove will cease to market the property on Our Website, Social Media Platforms and all Partner Sites.

Property Viewings

As the Seller it will be your responsibility to conduct viewings for prospective Purchasers unless you have instructed Bettermove or signed up to our Accompanied Viewings extra service.

EXTRA SERVICES

Upon instructing 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 at the point of Welcome to Market email and may be subject to additional terms and conditions. You can add Extra Services at any time during the Marketing Period by contacting BetterMove. Upon any Extra Service being commenced, whether by BetterMove, or any third party, there are limited circumstances in which the fees for Extra Services will be refunded. Please refer to the BetterMove Cancellation and Refunds policy.

Energy Performance Certificate (‘EPC’)

It is a legal requirement that you to have a valid EPC for the Property before we can begin to Market the Property. It is your responsibility to ensure that you have a valid and up to date EPC prior to your Property being listed. If you do not have a valid EPC you may instruct BetterMove to provide you with an EPC via our Extra Services. We can arrange an EPC for £96 including VAT.

‘For Sale’ Board

BetterMove will arrange for a ‘For Sale’ board provider to place one ‘For Sale’ board at the Property which BetterMove is Marketing. BetterMove and we will arrange for the board to be collected at such time when the Property is sold, or at the end of the agreed Marketing Period, whichever occurs first. It is your responsibility to ensure that the ‘For Sale’ board is kept safe and secure for collection by the provider.

Assisted Viewings

If you would like BetterMove Assisted Viewings at the Property you may purchase the Unlimited 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. This is an Extra Service that is provided by a third party and must be paid for in advance either at Welcome to Market or as an Extra Service within your marketing period

Featured Listings

Featured Listings is an Extra Service fulfilled by BetterMove’s Partner Sites.  This Extra Service is non-refundable, in accordance with the Cancellation and Refunds policy.

Fees and Payment

The fee for the relevant BetterMove Package is as advertised on Our Website and the fees for Extra Services offered by BetterMove will be charged at the rates detailed on Our Website and Welcome to Market email. 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 of one property and if you require BetterMove to market further properties, additional fees 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, or you can defer payment for the Services with our Pay Monthly option.

“Pay Now Option”

By opting 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.

“Pay Monthly Option”

You may spread the listing fee over 12 monthly payments by making a successful application for a credit facility offered by our finance partners. You will be entering into a separate credit agreement with our finance partner which is not connected to your agreement with BetterMove, and will be subject to our finance partner’s separate terms and conditions and privacy policy. It is your responsibility to review our finance partner’s terms and conditions and privacy policy and are comfortable with these terms before you apply for credit. If your credit application to our finance partner is declined, you are able to take up the Pay Now option.

When using the pay monthly option you are agreeing to use our recommended conveyance firm and instruct them for conveyance services on your behalf once the property is sold. Your account manager will assist you with this at the point a sale is agreed.

Please note that if your property sale does reach a Sold Subject To Contract (SSTC) status and you decide not to proceed with using our recommended panel of conveyancers, a fee of £250 will be due to Bettermove.

In the event that Bettermove have contributed to you a financial incentive such as the finance providers deposit or monthly instalment then this must be repaid to Bettermove in full either on completion of the property sale or if you decide to cancel within your statutory cancellation period.

Marketing

Your Property will be advertised on Our website, social media platforms and Partner Sites and property portals that we consider to be the most effective at securing interest in the Property from prospective Purchasers for the duration of the 6 month Marketing Period, unless you choose the discreet marketing option in which case the online marketing of the property will be limited. You may renew if one month’s written notice is supplied and agreed by both parties, in which case a renewal fee may apply. We will also cease marketing if the property is sold, or if you advise us in writing that you wish to cancel the agreement.

Listing with Multiple Agencies

Upon instructing BetterMove to list your property if your 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 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 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 on the Market.

Description of the Property

You agree to cooperate with Us in connection with the sale of the Property and to provide such information as We may reasonably request in connection with the Property within a reasonable time of Us asking for it.

Any information You supply about the Property shall be accurate and not misleading and You are solely responsible for the accuracy of that information supplied. Accordingly you may be liable for any loss We suffer as a result of You providing information that is false or misleading.

At our absolute discretion We may choose not to publish information You provide Us about the Property. We will usually only do this if We think the information may be inaccurate or misleading and may not comply with the law.

A copy of the Property details will be forwarded to You. Under the Consumer Protection from Unfair Trading Regulations and the Property Ombudsman’s Code of Practice anything We say or publish about the Property must be accurate. It is therefore very important that you read the details carefully and immediately inform Us if there is anything that is inaccurate. In addition, We are obliged to pass on any material information that would impact on a potential Buyer’s transaction decision and so You must advise Us of anything you feel is relevant to this.

It is your responsibility to check your listing, the description and photographs. In the event that We intend to use marketing material produced by a third party such as another Estate Agent then You must obtain the party’s permission to do so prior to the commencement of the marketing. We can provide property photography and floor plans as part of the service if requested to do so.

In the event you are using a sub agent, intermediary or third party broker to market the property via BetterMove it is your responsibility to ensure the details are factually correct.

Contract Assignment

BetterMove reserves the right to assign your agreement to a third party at any time, subject to the third party agreeing to honor any agreements in place inclusive of our marketing services.

Limitation of Liability

BetterMove, our suppliers or other third parties mentioned on this website will not be liable for any damages arising out of the use, inability to use, or results of use of this website, any web sites linked to this site or any material or third party services.

Cancellation and Refunds

Your right to cancel

Right to Cancel – If you are a consumer client and this contract was not agreed within one of our branches you have the right to cancel this contract within 14 days without giving any reason up to the time you approve your brochure to go live. At this point it will be deemed that BetterMove has fulfilled its marketing service and you will no longer be entitled to a refund of the marketing service fee.

If you do request that we begin immediate marketing of your property during the 14 day cancellation period the contract will have been fully performed and the agreed agency fee would be due, notwithstanding that cancellation took place.

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 Bettermove, South Lodge, Thorn Lane, Leeds, LS8 1NN – or via email to customercare@bettermove.co.uk. 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.

Buyer

Buying a Property

We advise any prospective purchaser to make their own enquiries to establish whether the property value is reasonable before proceeding.

Every effort is made to make sure the property details are accurate as possible however we cannot be held liable for any losses as a result of any buying decisions made from relying on the brochure. Due diligence should be exercised at all stages including obtaining a survey from a RICS chartered surveyor, performing local authority searches, visual inspection of the property and full investigation of the title of the property by a solicitor and to verify the legitimacy of the seller to avoid any false misrepresentation.

The purchaser must declare any financial incentive or cashback if appliable to the lender. It is important that these are disclosed upfront when making an application by informing the lender and broker.

Bettermove take no responsibility in the event that a buyer has neglected to inform the lender of any such financial incentive offered by the seller, sub agent,  intermediary seller, or third party brokering agent.