PURPLEBRICKS SERVICE AGREEMENT
TERMS AND CONDITIONS
IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY
These terms and conditions form the agreement between you and Purplebricks for the Products and Services you select.
By instructing Purplebricks, you confirm that you have read, understood and agreed to these terms and conditions.
Details of the Products and Services you have selected, the applicable fees and your chosen payment option will be confirmed to you as part of the instruction process.
1. Definitions
In this Agreement:
Administration Charge means the administration charge specified to you when you instruct Purplebricks or otherwise applicable to the relevant Product or Service and if neither applies the sum of £420 (inc VAT).
Advertisement Period means the period during which Purplebricks agrees to advertise and market your Property.
Assisted Viewings means the additional service under which Purplebricks arranges for a professional viewing representative to conduct eligible viewings of your Property.
Claim means a claim submitted by you for a Refund under the terms of this agreement and sent to refundclaim@purplebricks.com within the permitted period.
Completion means legal completion of the sale of your Property.
Conveyancing Services means the conveyancing service or panel of conveyancers nominated or introduced by Purplebricks.
Deferred Amount means the total amount deferred under Pay Later. This includes the Product Service Fee and, where selected, the cost of Assisted Viewings and/or a Home Report.
Home Report means the Home Report required in connection with the marketing of certain properties in Scotland.
On the Market means that the Property is being advertised or otherwise actively marketed for sale.
Pay Later means the payment option which allows you to defer payment of the Deferred Amount in accordance with this Agreement.
Pay Now means payment of the applicable Product Service Fee and any other selected charges at the time you instruct Purplebricks.
Product Service Fee means the fee payable for the Purplebricks selling service you have selected. It does not include fees or charges for additional Products or Services, including Assisted Viewings or a Home Report.
Products and Services means the products and services supplied or arranged by Purplebricks.
Property means the property which you have instructed Purplebricks to market.
Purplebricks Agent means an estate agent made available by Purplebricks from time to time to provide estate agency services, advice or support in connection with the marketing and sale of your Property.
Purplebricks Agents means collectively the Purplebricks Agents who may provide estate agency services, advice or support to you at different stages of your instruction. You will not necessarily deal with the same Purplebricks Agent throughout your instruction and Purplebricks does not provide a dedicated individual agent unless we expressly agree otherwise with you.
Purplebricks Agent's Valuation means the recommended marketing valuation of your Property provided by a Purplebricks Agent.
Purplebricks Service means the Purplebricks selling service which expressly includes an entitlement to claim a Refund subject to these terms and conditions.
Refund means the amount of the Product Service Fee refundable under these terms and conditions after deduction of the Administration Charge. It does not include amounts paid or payable for Assisted Viewings, a Home Report or any other additional Product or Service.
TAUK means The Agency UK and/or the associated estate agency business through which you may continue to market your Property following a switch from Purplebricks.
2. Your authority to instruct Purplebricks
By instructing Purplebricks, you confirm that:
you are legally entitled to instruct us to market the Property;
you have the authority of all other legal owners where applicable;
the information you provide to Purplebricks is complete and accurate; and
you will tell us promptly if anything relevant to the marketing or sale of the Property changes.
3. Our Products and Services
The Products and Services included within your instruction will be shown to you before you enter into this Agreement.
Depending upon the service selected, these may include:
property marketing;
advertising on property portals;
photography and floor plans;
For Sale boards;
valuation and pricing advice;
access to Purplebricks technology;
access to Purplebricks Agents for estate agency advice and support;
offer management;
sales progression;
Assisted Viewings;
a Home Report in Scotland; and
Conveyancing Services.
Some Products and Services may be supplied or fulfilled by carefully selected third parties on behalf of Purplebricks.
Purplebricks may make different Purplebricks Agents available to you at different stages of the marketing and sale of your Property. Unless we expressly agree otherwise, the Products and Services do not include the provision of a dedicated individual Purplebricks Agent throughout your instruction.
4. Ways to pay
Where available, you may choose:
Pay Now – you pay the applicable Product Service Fee and charges for any additional Products and Services at the time you instruct Purplebricks.
Pay Later – you can instruct Purplebricks without paying the Deferred Amount upfront and defer payment subject to the terms below.
Your chosen payment option will be confirmed when you instruct us.
5. Pay Later
5.1 Nothing to pay upfront
Pay Later enables you to instruct Purplebricks without paying the Deferred Amount upfront.
The Deferred Amount is the total amount eligible for Pay Later which you select when you instruct Purplebricks.
It includes:
the Product Service Fee; and
where selected, Assisted Viewings and/or a Home Report.
The entire Deferred Amount is deferred under Pay Later.
5.2 Ten-month deferral
You may defer payment of the Deferred Amount for a maximum period of 10 months from the date you instruct Purplebricks.
There is no interest or finance charge solely for using Pay Later during this 10-month deferral period.
5.3 When the 10 months starts
The 10-month period begins on the date you instruct Purplebricks.
It does not begin when your Property is first advertised or when your advert is published.
Any delay in preparing or publishing your Property advert does not extend the 10-month period.
5.4 Marketing breaks
A temporary suspension of marketing or marketing break does not pause, extend or restart the 10-month period.
The 10-month period will continue to run during any marketing break.
6. Eligibility for Pay Later
Pay Later is subject to eligibility and Purplebricks reserves the right to determine whether Pay Later is available to you.
You must provide the information reasonably required by Purplebricks to establish your eligibility and to enable payment to be collected when it becomes due.
Pay Later may not be available where you are:
bankrupt;
insolvent;
subject to an Individual Voluntary Arrangement;
subject to another formal insolvency arrangement; or
otherwise ineligible under the criteria applying to Pay Later when you instruct us.
You must provide accurate information when selecting Pay Later.
7. Pay Later and Conveyancing Services
If you choose Pay Later you agree to use the Conveyancing Services nominated or introduced by Purplebricks when a sale of your Property is agreed.
By selecting Pay Later, you agree that our nominated conveyancing provider may be instructed in connection with the sale of your Property.
You also authorise and instruct your conveyancer to pay any outstanding Deferred Amount directly to Purplebricks from the proceeds of your sale on Completion.
IMPORTANT INFORMATION – PLEASE READ
If at any time you have agreed to use the Conveyancing Services and thereafter withdraw, fail or refuse to use those Conveyancing Services, you will be required to pay the applicable Administration Charge once you agree a sale of your Property.
Where you withdraw, fail or refuse to use the Conveyancing Services, the full outstanding Deferred Amount will also become immediately due and payable.
8. When Pay Later becomes payable
The full outstanding Deferred Amount becomes immediately due and payable on the earliest of:
10 months from the date you instruct Purplebricks;
Completion of the sale of your Property;
you withdrawing your Property from the market with Purplebricks;
you withdrawing your Property from the market with TAUK after switching from Purplebricks to TAUK;
you withdrawing, failing or refusing to use the Conveyancing Services where their use is a condition of Pay Later; or
you materially breaching this Agreement in circumstances which entitle Purplebricks to terminate the Products and Services or require payment.
The occurrence of any of these events does not cancel or reduce the amount you owe.
The full outstanding Deferred Amount becomes payable and we can take payment from your credit or debit card without notice.
You can make part payments or a payment in full any time before the payment becomes due. All you need to do is send us confirmation and we will debit the payment from the credit or debit card supplied.
9. Switching to TAUK
Purplebricks may offer you the opportunity to switch the marketing of your Property to TAUK.
Switching to TAUK does not, by itself, cause the Deferred Amount to become payable.
Your Pay Later obligations will continue following the switch.
The original 10-month period will continue to run and will not pause, extend or restart because you have switched to TAUK.
If you subsequently withdraw your Property from the market with TAUK before the Deferred Amount has otherwise become payable, the full outstanding Deferred Amount will become immediately due and payable.
Switching to TAUK does not waive, cancel, replace or extinguish your obligation to pay the Deferred Amount to Purplebricks.
10. How we collect Pay Later payments
When you select Pay Later, you must provide valid credit card details and give Purplebricks and/or its nominated payment provider the authority required to collect the Deferred Amount when it becomes due.
By selecting Pay Later, you authorise Purplebricks and/or its nominated payment provider to automatically collect the full outstanding Deferred Amount and any Administration Charge from the credit card you have provided when it becomes payable under this Agreement.
You must:
ensure that your credit card details remain accurate and up to date;
notify us promptly of any change to those details; and
ensure that sufficient funds are available when payment becomes due.
Where your conveyancer pays the outstanding Deferred Amount directly to Purplebricks from the proceeds of your sale, Purplebricks will not also collect that amount from your credit card.
11. Overdue payments
There is no interest or finance charge solely for using Pay Later during the agreed 10-month deferral period.
Once the Deferred Amount has become due, however, failure to pay does not provide any further interest-free deferral.
If payment becomes overdue or Purplebricks is unable to collect the amount due, Purplebricks may, to the extent permitted by law:
charge interest on the overdue amount at the rate of 4% above the base rate from time to time;
refer the outstanding amount to a debt recovery provider; and
recover reasonable costs and expenses incurred in recovering sums properly due.
12. Complaints and payment
Making a complaint does not pause, extend or suspend the date on which the Deferred Amount becomes payable.
You must therefore pay any amount properly due under this Agreement while a complaint is being considered.
If, following consideration of your complaint, Purplebricks agrees that you are entitled to a refund, reduction, credit or compensation, this will be dealt with separately.
13. Payment obligations survive termination
Any obligation to pay an amount which has arisen under this Agreement will survive:
termination of this Agreement;
cancellation of this Agreement;
expiry of this Agreement;
withdrawal of the Property; or
cessation of any Products and Services.
Ending your relationship with Purplebricks does not extinguish any payment obligation which has already arisen.
14. Cancellation rights
You may have statutory rights to cancel this Agreement.
Where you have a statutory cancellation period and ask Purplebricks to begin supplying Products and Services during that period, you expressly request that we begin performance immediately.
Where permitted by law, if you cancel after performance has begun you will be required to pay for Products and Services already supplied and an amount proportionate to the Services performed up to the time you cancel.
Where a service has been fully performed following your express request for performance to begin during the cancellation period and the other legal requirements for loss of the cancellation right have been satisfied, your statutory right to cancel that service may end.
Nothing in this Agreement affects any statutory consumer rights which cannot lawfully be excluded or restricted.
15. Withdrawal from the market
You may ask Purplebricks to withdraw your Property from the market.
Withdrawal does not cancel your obligation to pay amounts which are due under this Agreement.
If you have selected Pay Later, withdrawing your Property from the market with Purplebricks causes the full outstanding Deferred Amount to become immediately due and payable.
If you have switched to TAUK, subsequently withdrawing your Property from the market with TAUK also causes the full outstanding Deferred Amount to become immediately due and payable.
16. Refund
IMPORTANT INFORMATION – PLEASE READ
If you comply in full with these terms and conditions, you will be entitled to claim a refund of the Product Service Fee if your Property has not sold, subject to all of the conditions below.
16.1 What is included in the Refund?
The Refund applies only to the Product Service Fee for the Purplebricks selling service.
It does not include fees or charges for additional Products or Services you have purchased, including:
Assisted Viewings; or
a Home Report.
These additional Products and Services are not refundable even where their cost formed part of the Deferred Amount under Pay Later.
Any valid Refund will therefore be the Product Service Fee only, less the Administration Charge.
To receive a Refund, you must submit a Claim to Purplebricks. The claim must be submitted by email within 14 days of it being due to refundclaim@purplebricks.com.
16.2 Conditions for a Refund
You will only be entitled to a Refund where all of the following conditions have been satisfied:
1. You purchased and paid for the service in full
In order to make a claim you must have paid for the service in full together with any additional products or services such as viewings or a home report.
2. Your Property has been On the Market for at least 12 months
At least 12 calendar months have passed from the date your Property first came On the Market with Purplebricks.
3. Your Property has been marketed at our valuation or less for the final three months
For at least the three consecutive months immediately before submitting your Claim, your Property has been advertised for sale at or below the Purplebricks Agent's Valuation.
4. You have allowed prospective purchasers to view your Property
You have not unreasonably refused, cancelled or prevented prospective purchasers from viewing your Property.
5. You have marketed exclusively with Purplebricks
During the relevant marketing period, you have not advertised or marketed your Property for sale through another estate agent or property marketing service and have accepted and managed viewings and offers through Purplebricks.
6. You have not unreasonably refused an asking-price offer
You have not unreasonably refused an offer from a prospective purchaser at or above the asking price at which your Property was being marketed when the offer was made.
7. You have reasonably cooperated with the sale process
You have not unreasonably withdrawn from an agreed sale or unreasonably refused advice or support provided by Purplebricks Agents in relation to the marketing or sale of your Property.
8. There is no sale, outstanding viewing or offer when you Claim
At the time you submit your Claim:
you have not agreed to sell the Property;
there are no outstanding viewings which have yet to take place; and
there are no outstanding offers which remain to be negotiated, accepted or declined.
16.3 Making and paying your Claim
When we receive your Claim, Purplebricks will assess whether you have satisfied all of the conditions above.
Purplebricks may ask you to provide information reasonably required to verify your entitlement to a Refund.
Your claim will be assessed by a Customer Service Manager. If your Claim is valid, you must withdraw your Property from the market with Purplebricks and the Property must no longer be On the Market before the Refund can be paid.
Once this has been confirmed, Purplebricks will pay the Refund within 14 days, after deducting the Administration Charge.
For the avoidance of doubt, any amount paid or payable for Assisted Viewings, a Home Report or any other additional Product or Service is excluded from the Refund and will not be repaid.
If the Customer Service Manager does not consider your Claim to be valid they will email you to confirm the reasons why.
16.4 Marketing your Property again after receiving a Refund
Once your Property has been withdrawn following a successful Claim, the Purplebricks service relating to that instruction will end.
If you subsequently place the Property On the Market again with Purplebricks, this will be treated as a new instruction and the full fee applicable at that time will be payable.
16.5 Selling to a buyer introduced before your Refund
If, within 12 months from the date your Refund is paid, you agree to sell or sell the Property, directly or indirectly, to a person who, before the Refund was paid:
was introduced to you or the Property through Purplebricks;
arranged or attended a viewing of the Property;
made an offer for the Property; or
was otherwise introduced to the Property through Purplebricks,
you must repay the Refund to Purplebricks in full.
The Refund will become immediately repayable when you agree to sell the Property to such a purchaser.
17. No general refund guarantee
The Refund provisions apply only where you have met the terms and conditions.
No other Purplebricks selling service carries a money-back or refund guarantee merely because your Property does not sell.
Except where required by law or expressly provided otherwise in this Agreement, you will not be entitled to a refund or reduction because:
your Property does not sell;
you decide to stop marketing your Property;
you withdraw your Property;
you switch to TAUK;
you subsequently withdraw your Property from TAUK; or
you decide that you no longer wish to use some or all of the Products and Services selected.
18. Approving your Property advert
Purplebricks will prepare your Property advert using the information and materials available to us.
You are responsible for reviewing and approving the advert and ensuring, to the best of your knowledge, that:
the Property description is accurate;
photographs accurately represent the Property;
floor plans are materially accurate; and
nothing contained within the advert is false or misleading.
Purplebricks may amend or refuse to publish information which we reasonably consider to be inaccurate, misleading, unlawful or inappropriate.
19. Energy Performance Certificate
Where legally required, your Property must have a valid Energy Performance Certificate (EPC) or an EPC must have been commissioned before the Property can be marketed.
An EPC provides prospective purchasers with information about the energy efficiency of the Property.
Purplebricks may prevent the Property from being advertised until the applicable EPC requirements have been satisfied.
20. Home Report – Scotland
Where your Property is in Scotland and a Home Report is legally required, an appropriate Home Report must be available before the Property can be marketed.
A Home Report provides prospective purchasers with important information about the Property, including its condition, valuation and energy efficiency.
Where available, you may arrange the Home Report through Purplebricks.
Where a Home Report is selected with Pay Later, its cost forms part of the Deferred Amount.
The cost of the Home Report is not part of the Product Service Fee and is not refundable.
21. Advertising and marketing
Purplebricks will advertise and market your Property through the websites, property portals and marketing channels forming part of the service selected by you.
Purplebricks may change particular portals or marketing channels where reasonably necessary.
A temporary marketing break does not extend the Advertisement Period or the Pay Later period unless Purplebricks expressly agrees otherwise in writing.
22. For Sale boards
Where included within your selected service, Purplebricks may arrange for a For Sale board to be erected at the Property.
The board remains the property of Purplebricks or the relevant board supplier.
You must take reasonable care of the board and permit its removal following the sale or withdrawal of the Property.
23. Assisted Viewings
Where you purchase Assisted Viewings, Purplebricks will arrange for a professional viewing representative to show prospective purchasers around your Property on your behalf.
Assisted Viewings may be provided through a specialist third-party viewing provider.
You must provide any access arrangements or keys reasonably required and ensure that the Property is safe and suitable for attendance.
Where Assisted Viewings are selected with Pay Later, their cost forms part of the Deferred Amount.
The cost of Assisted Viewings is not part of the Product Service Fee and is not refundable.
24. Viewings and feedback
Prospective purchasers may request and arrange viewings through Purplebricks.
Where you do not purchase Assisted Viewings, you will normally be responsible for conducting viewings yourself.
Purplebricks may seek feedback from prospective purchasers following viewings and make that feedback available to you.
Purplebricks cannot guarantee that a prospective purchaser will provide feedback.
25. Access to Purplebricks Agents
As part of the Products and Services, you may have access to Purplebricks Agents for estate agency advice and support.
Different Purplebricks Agents may assist you at different stages of your instruction.
Unless Purplebricks expressly agrees otherwise, you are not allocated a dedicated individual Purplebricks Agent for the duration of your instruction and we do not guarantee that the same Purplebricks Agent will deal with you each time you contact us.
Purplebricks may determine which Purplebricks Agent is available to assist you according to the nature of your enquiry, availability and the stage reached in the marketing or sale of your Property.
26. Offers
Purplebricks will communicate offers received in relation to your Property in accordance with its legal obligations.
Where available, you may accept, reject or negotiate offers using Purplebricks' technology or with assistance from Purplebricks Agents.
Purplebricks Agents may provide advice concerning an offer, but the decision whether to accept or reject an offer remains yours.
27. Sale agreed and sales progression
Once you accept an offer, Purplebricks may provide sales progression services and make Purplebricks Agents or other members of the Purplebricks team available to assist with the progression of the transaction.
You will not necessarily deal with the same person throughout the sales progression process.
Where you have selected Pay Later and use of the Conveyancing Services is a condition of Pay Later, you must use those Conveyancing Services when your sale is agreed.
You authorise your conveyancer to pay any outstanding Deferred Amount directly to Purplebricks from the proceeds of sale on Completion.
28. Third-party Products and Services
Certain Products and Services may be provided or fulfilled by third-party providers selected by Purplebricks.
Where appropriate, those Products and Services may also be subject to the provider's own terms and conditions.
Purplebricks may replace a third-party supplier with an appropriate alternative where reasonably necessary.
29. Assignment of payment rights
Purplebricks may assign or transfer its right to receive amounts payable under this Agreement to a third-party payment, finance or debt recovery provider.
Where appropriate, you will be notified of the assignment or transfer.
Any assignment or transfer will not increase the amount you owe or change the date upon which it becomes payable.
30. General provisions
Nothing in this Agreement limits or excludes any statutory rights which cannot lawfully be limited or excluded.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in effect.
You may not transfer your rights or obligations under this Agreement without Purplebricks' written agreement.
This Agreement, together with the details of your selected Products and Services and any other terms expressly incorporated into it, constitutes the agreement between you and Purplebricks concerning those Products and Services.
This Agreement is governed by the applicable laws of the United Kingdom according to the location of the Property and is subject to any mandatory consumer protections which apply.