Gold Service Agreement

Introduction

Agency Terms and Conditions in accordance with the Estate Agency Act 1979 and the Estate Agents (Provision of Information) Regulations 1991.

This document (referred to as the ‘Gold Service Agreement’) gives you information about the terms upon which we agree to offer and provide you with our Products and Services.

We encourage you to print off a copy of this document and refer to it as you use our Products and Services.

If it is necessary to change the Service Agreement or add or remove any part at any time, we will post such changes on our Website. It is your responsibility to check the Website for any changes. You agree to be bound by such changes if you should continue to use our Products and Services.



Glossary of terms

‘Account’ means your Account that we operate, and you control within the Online Platform. For the avoidance of doubt, this includes the area where you instruct Purplebricks and manage the process of a sale, purchase, let and/or rent (including all marketing services).

‘Advert’ means how your property is to be displayed in advertising and marketing which may include (subject to the nature of the Products and Services) photographs, descriptions, key features and floorplans.

‘Advertised Rates’ means the charges for the Products and Services as advertised by Purplebricks from time to time.

‘Agency Agreement’ means the period from when Purplebricks first advertises the property until such time as terminated by either party.

‘Conveyancing Service(s)’ means the professional fees for the transactional service provided by the conveyancer or solicitor, following an introduction by Purplebricks to our third party partner for the sale of your property. This excludes any required searches, disbursements, mortgage fees, auction fees or taxes or any additional fees. It does not include any fees associated with the purchase of an additional property. The Conveyancing Services are not provided by Purplebricks and will form a separate contract between you and the conveyancer.

‘Claim’ means a claim in writing by the Customer to Purplebricks addressed to the Chief Financial Officer, Cranmore Place, Cranmore Drive, Shirley, West Midlands, B90 4RZ, making a request for a Refund and confirming that they have complied in full with these terms and conditions entitling them to make a claim.

‘Completion’ means the formal legal completion of the sale of your property.

‘Completion Fee’ means the agreed remaining fee payable for the Gold Plan, made up of the Estate Agency Service (payable to Purplebricks), and where applicable, the Conveyancing Service (payable to the conveyancer).

‘Content’ means all of the content, documents, information and matters on or in your Account or contained within the Website and or Online Platform, whether through the Website and/or Online Platform or uploaded manually.

‘Excluded Costs’ means the full cost of any other additional product or service and premium displays.

‘Estate Agency Service’ means the contractual service provided by Purplebricks.

‘Instruct’ means taking advantage of our Products and Services.

‘Interruption’ means any form of interruption to the ability of Purplebricks to provide or operate the Online Platform, the Systems or Products and Services.

‘LPE Valuation’ means the price that your appointed Local Property Expert advised you to market your property for as documented in your Valuation Report.

‘Merchant Provider’ means the provider of the facility to safely and securely store personal information and any credit or debit card details taken from you.

‘Minimum Period’ means 12 weeks from the date of the first advert placed by Purplebricks.

‘On the Market’ means advertised on www.rightmove.co.uk, www.zoopla.co.uk, www.purplebricks.co.uk and any other property portals.

‘Online Platform’ means the Systems provided to you in accordance with this agreement to manage our Products and Services.

‘Privacy Policy’ means the Privacy Policy as amended from time to time and published on the Website and Online Platform.

‘Products and Services’ means all and each of the products and/or services offered from time to time by Purplebricks within the Website and Online Platform.

‘Refund’ means Purplebricks refunding to the Customer the Completion Fee in accordance with these terms and conditions.

‘Sole Agency’ means you will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if at any time contracts for the sale of the property are exchanged:

  • with a purchaser introduced by us during the period of our sole agency (the Minimum Period) or with whom we had negotiations about the property during that period; or
  • with a purchaser introduced by another agent during that period.

‘Systems’ means the Website and complimentary or subscribed (following a payment) access to the Online Platform.

‘Terms of Use’ means the terms and conditions for using the Website and Online Platform.

‘Upfront Fee’ means the sum of three hundred and ninety-nine pounds including VAT (£399).

‘Website’ means www.purplebricks.co.uk including all systems, software and processes hosted therein.



Instructing Purplebricks

These Terms and Conditions shall constitute your agreement with us.

You are instructing Purplebricks to act on a Sole Agency basis for the Minimum Period of 12 weeks from the date of Purplebricks first placing an advert for the sale of your property.

You may terminate this agreement at the end of the Minimum Period by withdrawing your instructions in your account on our website.

If you do not withdraw your instructions this agreement will automatically continue until such time as you do terminate it but not on a Sole Agency basis. After the Minimum Period you will only be liable for the Completion Fee if the property is sold as a result of an introduction by Purplebricks or Purplebricks was the effective cause of sale.

Purplebricks may terminate the agreement at any time after the Minimum Period by notifying you in writing or via email.



All owners of the Property

When you Instruct Purplebricks 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. Further, you confirm that you have all relevant authorities and authorisations as are necessary or required to enable you to take advantage of the Products and Services. It is a condition of your acceptance that you do so on behalf of all legal owners of the Property.



Inclusions and Payment

All inclusions

The Gold Service is designed to be an all-inclusive fee, representing:

  • Purplebricks Estate Agency Service fees.
  • An Upfront Fee for advertising your property on portals selected by Purplebricks, including, but not limited to, Rightmove and Zoopla.
  • Accompanied Viewings.
  • The Conveyancing Service for the sale of your property.
  • An Energy Performance Certificate (EPC) for the sale of your property, if required.

Conveyancing Service

  • Unless you state otherwise, we will automatically pass your details to our panel of conveyancers to provide Conveyancing Services.
  • At the time of entering into this agreement you are required to accept the Form of Authority allowing the Completion Fee to be deducted from the proceeds of sale by the conveyancer.
  • You will be contacted by the panel manager seeking your instructions to act in the sale of your property and to provide you with a quotation. The Conveyancing Service for the sale is included in the package.
  • The contract for the Conveyancing Service is between you and the conveyancer.
  • You do not have to use the Conveyancing Service, but the Completion Fee remains the same if you do not.
  • The Conveyancing Service is for the professional fees of the transaction only and does not include required searches, disbursements, mortgage fees, auction fees or taxes, or any additional fees. It does not include any fees associated with the purchase of an additional property. If these are required, then there will be an additional charge.

Payment

Purplebricks will take a non-refundable upfront payment of £399 to cover advertising fees.

You will be required to provide your credit or debit card details to allow us to collect payment of the Upfront Fee. We do not accept cheques.

The Completion Fee will be deducted from the proceeds of your sale. The remaining proceeds from your sale will be sent to you or your nominee.

If you believe you have been billed in error, please notify us immediately by emailing accounts@purplebricks.com.

Payment details

When you take advantage of any of our Products and Services, we may take certain information from you such as the name on the card, card number, start date, expiry date, security code or issue number. This information will be used to take the agreed payment and will not be stored on our system. This information will be stored by the card merchant and only if you take advantage of Products and Services in the future will you get the choice to use the same card and we will then call for the information from the card merchant. You can choose not to have your card stored should you so wish.



Using your own solicitor or conveyancer

If you choose to use your own conveyancer, it is a condition of this agreement that you must:

  1. Provide Purplebricks with full contact details of your conveyancer within 14 days of you accepting an offer to sell your property
  2. Agree to the payment authorisation form upon instructing Purplebricks, confirming payment will be made via BAC’s or electronic transfer
  3. Notify Purplebricks immediately of the date of exchange of contracts

Purplebricks may at its absolute discretion terminate this agreement if all conditions above are not complied with.



Please read the following information very carefully

Confirmation of status

To use the Gold Service, you confirm and represent that you are a natural person who is also a UK resident and who is not bankrupt or subject to an Individual Voluntary Arrangement (IVA). The Gold Service is not available to companies, businesses, partnerships, charities, trusts and such other organisations that are excluded from time to time unless agreed by Purplebricks in writing.

Notice of assignment or transfer

You acknowledge and agree that Purplebricks may transfer or assign its right to receive payment from you to a third party. Where we make such a transfer or assignment, the amount you owe will then be payable by you, on the due date, to the third party and the third party will contact you to collect the payment when it falls due. You further agree that Purplebricks may pass any information (including personal data) provided by you to the appointed third party to enable them to collect any payments due from you in accordance with these terms and conditions.

You agree that the third parties engaged to under this heading and/or Purplebricks may carry out identity, credit and regulatory checks. These checks will not publicly appear on your credit file.



Cancellations and refunds

Should you wish to cancel or withdraw any Products and Services you may do so at any time after the Minimum Period. You can withdraw your property from the market as advertised by Purplebricks at any time by clicking on the ‘Property withdrawal’ icon on your property page in the Online Platform. However, if Purplebricks has made an introduction which leads to the sale of your property, the Completion Fee is due and remains payable even if you terminate the contract before exchange of contracts. You agree that Purplebricks can recover this fee.

You may be entitled to a 14-day cooling off period from the moment you instruct Purplebricks, up until the time you approve your advert to go live. At this point it will be deemed that we have provided the marketing service and you will no longer be entitled to a refund of the initial advertising fee.



Approving your advert

You will be notified by Purplebricks as soon as the Advert is available for approval. We always aim to do this as soon as reasonably practicable.

You are responsible whatever the nature of the Products and Services you use to ensure that all descriptions, photographs, floorplans and information uploaded and/or used in any advertising and marketing are accurate, current and are in no way misleading. If any of the information you provide or approve is in breach of these terms, it will be removed immediately and you will be subject to the terms and indemnities contained in the Terms of Use and this Agreement. However, there will be no full or part credit in respect of Upfront Fee under these circumstances.



Energy Performance Certificate (‘EPC’)

If you do not already have a valid EPC, it is a legal requirement for you to have commissioned one before we are able to start the marketing of your property. It is your responsibility to assist us in obtaining the EPC before your Advert goes live. We will contact you about obtaining an EPC but cannot publish your Advert until you have either provided an EPC or one has been obtained.

We will terminate the agreement if an EPC is not in place within 28 days of the first advert being placed.



Advertising and Marketing

We will advertise and market your property on such property portals, websites or publications as we consider to be the most effective at securing interest on your property from potential purchasers at our absolute discretion. We may withdraw or no longer take advantage of the services of such property portals, websites or publications at our absolute discretion.



For Sale Boards

Where you instruct Purplebricks to sell your property, we will arrange for one ‘For Sale’ board to be erected free of charge (if included as part of the Products and Services). All subsequent boards will be charged at the Advertised Rates in force from time to time and published on the Online Platform.

In terms of sales where we provide a complimentary ‘For Sale’ board:

  • All boards shall belong to Purplebricks. It is your responsibility to ensure the boards are kept safe and secure and preserved for collection once the property is sold or is withdrawn from the market.
  • If upon the collection of a board it is deemed that the board is unsuitable for further subsequent use, we will charge you to replace the board at the rates in force at that time.



Accompanied Viewings

Subject to Interruption we will arrange and record viewings through the Online Platform. You will be notified immediately when a viewing is booked. We will provide you with the name of the person(s) who wish to view the property as well as the date and time that the viewing is scheduled.

If Purplebricks are conducting the viewings on your behalf, you will still be notified of the above information.

It is your responsibility to ensure that the property is ready and prepared for the viewing, is in a safe condition, and if required, that the Local Property Expert has access to the property at the date and time of the viewing.

In the event that we have conducted a large number of viewings on your behalf and you have received regular feedback to suggest that the price of the property is too high, we will want to conduct a marketing review call to discuss the best way forward. We reserve the right to withdraw the viewings service at any time but only where we consider that it is unreasonable to expect Purplebricks to continue to Accompanied Viewings, taking into account the number of viewings and the feedback received. However, there will be no full or part credit in respect of Advertised Rates under these circumstances.



Keys

If you take advantage of the Accompanied Viewings service offered by Purplebricks, you shall supply Purplebricks with two sets of keys for all lockable doors, cupboards and areas that form part of the property. We shall store these in a safe and secure locked cabinet.



Empty properties

If your property is empty, you shall ensure that you conduct regular security and condition checks from time to time. Purplebricks shall not be responsible for doing so.



Conducting your own viewings

Subject to Interruption, if you have chosen to conduct your own viewings, you may enter details into the Online Platform of when you are available. This will enable people who want to view your property to choose a date and time that suits them. You will be notified when a viewing is booked. Where a viewing is requested outside of this availability, the Online Platform will request you to confirm the viewing, or reschedule the viewing at a time that is suitable for all parties. It is your responsibility to do this.



Feedback

We will request feedback from every person who has viewed or was due to view your property. The Online Platform will prompt them for feedback at least three times unless they confirm that they do not wish to provide feedback. You can track these requests in the Online Platform.

The feedback will be immediately available in your Account as soon as it has been provided and will be exactly as provided by the person concerned.



Offers

Subject to Interruption we will report offers to you immediately when they are made via the Online Platform. The nature, extent, position of the potential purchaser or tenant and desire to proceed, will be requested and provided to you automatically as the offer is made.

We will make such reasonable checks as are possible to ensure the offer made meets our criteria for a sale or let to proceed.

The information will always be made available exactly how it is provided by the potential purchaser or tenant through the Online Platform.

You will get a choice to accept the offer, reject the offer, reject and negotiate or, you can request that Purplebricks negotiate everything on your behalf. You will get to choose one of these options each time you receive an offer.

We will always act on your behalf and negotiate the best possible offer for your property, without any conflict of interest.



Sales

We will provide you with advice and assistance once a sale is agreed as far as is reasonably practicable.



Your personal data

For the effective use of the Products and Services and to facilitate the conveyance we will provide certain people and organisations with your personal information such as your name, address, contact details, viewing availability, agreed sale price and position to proceed.

We will disclose to a third party collecting any payment due from you on our behalf or to whom we have transferred or assigned our rights to the payment from you such information as we request from you on the Online Platform when you Instruct Purplebricks.

You authorise Purplebricks to share your personal information with third party companies in accordance with our Privacy Policy. Please read the Terms of Use and our Privacy Policy for more information, terms, and conditions. It is your responsibility to provide accurate and up-to-date personal information through the Online Platform.



Personal interest

We will always inform you as soon as we become aware of anyone making an offer for your property that is in any way connected with Purplebricks; whether they are employed, a contractor, family member or providing services to us.

In the event that you are aware of any personal interest from anyone connected with Purplebricks you should notify us immediately. We will then make such enquiries as we consider necessary and provide you with a notification in writing of the nature of the personal interest. You will have the sole discretion to decide whether you wish to deal with the person or persons concerned. We will never knowingly permit any offer to be made or sale agreed with someone connected to Purplebricks unless we have provided you with written notice. This written notice will ordinarily be displayed when you review the offer. Before your Advert is published, Purplebricks will ask you whether you are in any way connected with Purplebricks; whether you are employed, a contractor, family member or providing services to us. This will be disclosed to all potential purchasers or tenants.



Third party companies

We will introduce you, the buyer or any prospective buyer (where we deem appropriate and/or necessary) to third party services such as mortgages, insurance, letting and conveyancing services but only where we reasonably believe that the services being provided are in the best interests of you, the buyer or prospective buyer.

We may receive commission or a referral fee for introducing you to these companies but only when you take advantage of such products or services. You may decide of your own free will and we will never pressurise or require you to use such products or services. We specifically receive a referral fee for the use of the conveyancing services. You hereby expressly agree and accept that in the event that we introduce a product or service from a third party company that we may accept a payment or commission as a result of that introduction.



Availability of the Products and limitation of liability

Whilst we will make all reasonable efforts to ensure that the Products and Services are available at all times, Purplebricks does not guarantee, represent or warrant that your access to any of the Products will be uninterrupted or error-free.

We will always make all reasonable efforts to ensure that all Content submitted by you to us will be secure. We cannot guarantee that the Online Platform, Products and Services, the Systems or the Website will be free from loss, corruption, attack, viruses, ‘worms’, ‘trojan horses’ or other harmful components, or from interference, hacking or other security intrusions. You should be sure to back up your own system periodically to ensure that all Content available to you and located within your Account, is available to you in the event of any loss or damage, as Purplebricks reserves the right to remove or suspend all or any part of the Content, at any time in accordance with these terms.

Where requested or by entering into this agreement, we will instruct on your behalf third parties to conduct some of the services advertised by Purplebricks. Whilst we will make all reasonable efforts to ensure that they continue to provide an exceptional service we cannot accept liability for the conduct and service of those third parties acting on your behalf.

In particular, Purplebricks does not conduct the Conveyancing Service. The third party provider is responsible for the conveyancing and we do not act as their agent. You agree that Purplebricks is not liable for any aspect of the Conveyancing Service.

Please read the Terms of Use for further information.



FCA

Purplebricks Group plc is authorised and regulated by the Financial Conduct Authority.