Pursuant to the Estate Agents Act 1979 it is a requirement that you understand and accept our terms and conditions when instructing Abode Scotland as selling agents for your property. Please read the terms set out below. By using this site and its features you accept these terms and conditions.
About Abode Scotland Ltd
The Website is owned and managed by Abode Scotland LTD, a company registered in Scotland with the company registration number SC492745 and having its registered address at 82 Calderwood Square, East Kilbride, Glasgow, G74 3BQ.
1. Terms of this agreement:
Definitions Within this agreement the following words of phrases 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 this agreement under the term “Selling address”.
“Sale Price” The price agreed with your buyer for the sale of the property
“Buyer” The person buying your property
“Seller” The owner of the property or the person given the benefit to or who is entitled to sell the property
“You” The owner of the property or the person given the benefit to or who is entitled 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 Abode Scotland in respect of our fees due from the introduction of a buyer who legally completed on the purchase of your property
“Abode Scotland or We” Means Abode Scotland Ltd.
Upfront Fees are paid to Abode Scotland. All fees are to be paid in in accordance with the option you have ordered. All add ons as listed on the Abode Scotland property 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 entitled to any discount if the add ons that they bought are reduced at a later stage. If you have purchased our discounted conveyancing add-on and your sale falls through you can use this discount on any future purchase or sale that is made even if has nothing to do with Abode Scotland. Refunds on discounted conveyancing cannot be given.
If your property is being advertised by another agent, it is your responsibility to ensure you are allowed to advertise with us at the same time. If you advertise with us and you are not allowed to within your other agents terms of contract then we can stop your listing with us within 24 hours, but you will not receive any refund (except in the case outlined in clause 12, below). While you are advertising with more than one agent, you will be subject to our fees and if the other agent sells your property they will be entitled to their fee under their contract.
Your fee paid is for listing one property per fee.
Your listing is with Abode Scotland and portal partners (which can change without notice). We confirm that the point of instruction we are a Member of the TPO scheme, and subscribe to its Code of Practice. Please ask us for a copy if you require one You must by law comply with the Consumer Protection from Unfair Trading Regulations 2008 and the Property Misdescriptions Act 1991. The Consumer Protection from Unfair Trading Regulations 2008 require you to disclose any information of which you are aware in relation to the property in a clear, intelligible and timely fashion. The Property Misdescriptions Act 1991 requires you to take all reasonable steps to ensure that, all statements that you make about a property, whether oral, pictorial or written, are accurate and are not misleading and where information is given to potential buyers or their representatives, it is accurate and not misleading. Answers to questions about the property must be truthful and not misleading.
Abode Scotland guarantees that your property is listed on the Abode Scotland website which is www.AbodeScotland.com (I.T. problems not allowed for). Third party website portals are subject to change, they may or may not be controlled by Abode Scotland 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 feed issues Abode Scotland is unable to offer any guarantee when the listing will be back up live and showing on that particular property portal although it is the policy of Abode Scotland to upload all our property details on to our property portal networks 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. All listing are dependent on the timings and length of times the listing will run as set out in 3.2 below.
If you are supplying your own photographs (maximum 50) and description we require these to be accurate when they are sent to us or uploaded onto our site, we may send a local agent to visit you to check these. Additions or amends may be subject to a monetary charge.
If you have paid for us to look after your photos and other add ons, you should be contacted within 24/48 hours by our local agent to arrange a visit. On some occasions this may take longer. If you are supplying your own photographs you must have permission to use the photographs. Abode Scotland 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. Abode Scotland 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 your photographs the fee paid will be for taking the photographs of one property. If a property has outbuildings or holiday lets, there will be an additional charge for these extra properties. Commercial properties may also incur extra photography charges, dependent on the size of the property. The same will apply for any additional floor-plans.
We can advise on valuations from the data we have which is pulled in from various sources such as Rightmove, mouse price and Land registry and takes into account national 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.Rightmove Premium Listing and Rightmove featured properties.
If you have or intend to order the Rightmove premium listing then it’s important for you to know that this is a one-time activation that lasts for 6 months but only on a continued marketing basis. For example if you choose to de-list your property after 2 months of activation then your Rightmove premium listing will instantly come to an end. Premium listings do sometimes go live a number of days after your listing goes live. If you re-list the property at any time after this then you will no longer be able to use the premium credit unless you purchase another one. This is the way Rightmove operate the Premium option and not something we have control over.
Featured properties. If you order a featured property please allow up to 7 days for your featured property to appear.
5.Viewings / messages and Offers received for your property
Applicants will be guided towards messaging our vendors directly. Their information will not be passed on apart from their Abode Scotland Username. Abode Scotland will vet every message and only when we feel the message is appropriate will it be forwarded to the vendor.
Viewings are the responsibility of the vendor, Abode Scotland can carry viewings out at an extra cost, these are chargeable to the vendor.
Abode Scotland confirms that (unless otherwise instructed in writing by you, the seller) pursuant to the Estate Agents Act 1979 we will forward to you accurately in writing (which includes email correspondence), all offers from prospective purchasers within 2 days
Once a sale has been agreed, Abode Scotland will prepare and send out a Memorandum of Sale by email or to you (or on your online account) and to both sets of solicitors involved and a copy shall also be sent to your prospective purchaser.
6.Your obligations as the Seller(s)
The Seller(s) hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement;
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.
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 additional information such as your passport number or driving license number, which you must agree to provide on request.
The seller must provide an EPC or order an EPC for their property (and provide proof of their order if not done through 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. If you require a commercial EPC for your property there will be an extra charge. Please ask us for a current price.
7.Property Misdescriptions Act 1991
Your property details will be verified before marketing of the property can commence. Our local agent will approve your details.
To ensure compliance with the Property Misdescriptions Act 1991 and to ensure that neither Abode Scotland nor the seller becomes involved in any legal action, the Seller must inform Abode Scotland immediately of any incorrect information within the sales particulars from the outset or at any point during the marketing or sale.
Any amendments that you make to your property listing will be fully vetted by Abode Scotland and if we feel they are not valid they will be changed without notice.
Abode Scotland reserve the right not to publish any information provided by the seller in order to comply with the Property Misdescriptions Act 1991.
The seller shall indemnify Abode Scotland, 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.
8.For Sale Boards
If you select a board upgrade the board will be sent to you for you to erect at your property. Abode Scotland cannot accept any responsibility for any damage or loss suffered as a result of the For Sale board. This board belongs to you and you can take the board with you and re use this board for your next sale if you so wish. In order to meet the requirements of The Town & County Planning Regulations, which permit the display of only one For Sale board, we request that while a Abode Scotland For Sale board is displayed, no other boards are erected.
We cannot accept responsibility for any For Sale board being lost or stolen once delivery has taken place.
Abode Scotland cannot accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been agreed.
10.Energy Performance Certificate (EPCs)
An EPC must be commissioned prior to marketing your property. Abode Scotland will market your home as soon as the EPC or proof of order is available in full. If we provide your EPC then this is non refundable once the home visit and EPC has taken place. This includes commercial EPCs
11.Payment via WorldPay
All credit card information is collected securely by WorldPay
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 Abode Scotland with regard to your marketing and including allowing a cost for the time spent as well as any external costs incurred for floor plans EPCs and brochures.
12. Complaints and Right to Cancel
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.
You can cancel at any time within 7 days of contracting Abode Scotland, but there will be a minimum cancellation fee to cover our set up costs. Any other costs that Abode Scotland has incurred will also be charged for but these will not exceed the fee that you have paid. If we have to cancel the agents visit due to you not wishing to continue your marketing, the allocated cost for our agents visit will not be refunded. If you have purchased ‘discounted conveyancing’ this will not be refunded but you will still be able to use this against your next conveyancing fee.
You may ask us to remove your details at any time from the site, but you will not be entitled to any refund.
13. Intellectual Property Rights
Abode Scotland and/or its licensors own all rights in the intellectual property rights relating to the Services and the Website.
You are expressly prohibited from:
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
2. removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Abode Scotland and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Abode Scotland or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Abode Scotland.
14. Your General Obligations
You agree that you are solely responsible and liable for all activities on the Website, whether you are a Registered User or an Unregistered User.
You must promptly notify Abode Scotland in the event there is a breach of security or any unauthorised use of the Login Details where you are a Registered User. Abode Scotland may be contacted by email at email@example.com
You shall not submit to appear on the Website, any information, Property Data (defined below) review, comment, images, link or other material whatsoever in all format that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
1. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harass or advocate harassment of another person;
3. display pornographic or sexually explicit material;
4. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
5. promote any illegal activities;
6. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
7. promote or contain information that you know or believe to be inaccurate, false or misleading;
8. engage in or promote commercial activities and/or sales, without the prior written consent of Abode Scotland; or
9. infringe any rights of any third party.
You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that Abode Scotland may, at its sole discretion, choose to display any User Submission or any part of a User Submission that you make on the Website and hereby grant to Abode Scotland a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any User Submissions that you make to the Website.
You hereby grant to Abode Scotland a non-exclusive, irrevocable licence to make the User Submissions available to other Registered and Unregistered Users of the Website and to edit the User Submissions in the event that Abode Scotland deems it necessary or desirable to do so for any reason.
You hereby grant to Abode Scotland a non-exclusive, irrevocable licence to make the User Submissions available to other media and publications and to edit the User Submissions in the event that Abode Scotland deems it necessary or desirable to do so for any reason. This can also include other portal partners who may be listing your property on our behalf and may contact you regarding their services.
If you feel that any User Submission made by other Registered and Unregistered Users is objectionable, you are advised to contact Abode Scotland using the contact details set out on the Website. Abode Scotland shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.
You further agree that at all times, you shall:
1. if you are a Registered User, not use your Login Details with the intent of impersonating another person;
2. if you are a Registered User, not allow any other person to use your Login Details;
3. not use the information presented on the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
4. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
5. not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
6. not use any information obtained using the Website otherwise than in accordance with these Terms;
7. comply with all instructions and policies from Abode Scotland from time to time in respect of the Website;
8. co-operate with any reasonable security or other checks or requests for information made by Abode Scotland from time to time; and
9. use the information made available to you on the Website at your own risk.
In the event that Abode Scotland, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause, Abode Scotland shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
Without prejudice to any of Abode Scotland’s other rights and remedies, Abode Scotland 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 16.