Welcome to Swiftmovenow.co.uk,
Terms of Business
- Terms of this agreement
1.1 What these terms cover
These are the terms and conditions on which we will make an offer to buy your property.
1.2 Why you should read them
Please read these terms before you sign and return your acceptance of our offer. These terms tell you the basis upon which we will make an offer to you, who we are, how we and you may end or change the contract and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 If the Seller is more than one person, each person shall have joint and several liability under this contract, which means each person who is a Seller is responsible for fulfilling his or her obligations under this contract individually and together.
- Information about us and how to contact us
2.1. Swiftmovenow.co.uk is a trading style of Swift-move-solutions Ltd a company registered in England, company registration number 10633724, with its registered office being St Pauls House, 23 Park Square South, Leeds, LS1 2ND.
2.2. Calls to Swiftmovenow.co.uk on 0333 772 0030 will be charged at the geographic rate charged by your telecoms provider.
2.3. You can contact us by telephoning on 0333 772 0030 or via email at firstname.lastname@example.org.
2.4 When we use the words “writing” or “written” in this contract, this includes emails and messages sent to you.
2.5 How we may contact you
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
- Our contract with you
3.1 Upon receiving an enquiry from you we will assess what we would be prepared to pay for your property and will make an offer in principle “Offer in Principle”. The Offer in Principle is what we would be prepared to pay for the property based on the estimated market value provided by you. The Offer in Principle is not a formal valuation of the property.
3.2 If you would like to proceed you will be asked to accept the Offer in Principle by signing and returning to us a copy of the Offer in Principle.
3.3 Upon receipt of the signed acceptance of the Offer in Principle we will then organise for an asset management company to conduct an appraisal of the property which will include at least one valuation. We reserve the right to acquire the valuation through an RICS valuer, an estate agent local to your property or by way of desktop valuation.
3.4 Upon receipt of the appraisal report we will make a formal offer to you (the “Formal Offer”). The Formal Offer price is not a valuation of the property but the price we are prepared to pay.
3.5 The Formal Offer will be subject to:
3.5.1 Satisfactory replies to mining, drainage, local authority and other applicable searches against the Property.
3.5.2 A mortgage and/or offer of loan on the Property on terms acceptable to the Buyer.
3.5.3 Satisfactory evidence of your title to the property.
3.5.4 A valuation and/or survey acceptable to the Buyer.
3.5.5 Formal contract
3.6 Once the acceptance has been received, we will formally identify you. This will be through an external agency as we do not meet clients face to face ID. The transactions can only proceed to completion once formal ID has been completed.
3.7 Upon completion of the steps referred to in 3.5 above we will either reconfirm our Offer or submit an alternative offer to reflect any adverse matters identified.
4 Unoccupied property
4.1 Swiftmovenow.co.uk does not accept responsibility for the maintenance or repair of unoccupied property, which must be insured under UK law.
- Independent Legal Advice
5.1 You must take Independent Legal Advice.
5.2 If you wish us to recommend an independent solicitor, we will ask you to confirm that by opt when signing to accept the Offer in Principle.
5.3 You can either instruct a solicitor you chose or we can recommend an independent solicitor to act on your behalf.
5.4 Subject to completion of the transaction we will, if you use a solicitor recommended by us, we pay all the legal conveyancing fees incurred in connection with the transaction. If you instruct an independent solicitor not recommended by us you will have to pay their fee.
- How we may use your personal information
7.1 All buyer costs incurred in purchasing your property are paid by us.
7.2 In the event that the Buyer elects to require the Seller to transfer the Property to a third party pursuant to 7.1, the Buyer will through the documentation provided to the Sellers’ solicitor advise the Seller of the price to be paid by the third party to the Buyer. The Offer Price to the Seller will remain the same and the Seller acknowledges that the difference in the price to be paid by the third party and the Offer Price will be retained by the Buyer.
7.3 You will be liable to pay remuneration to us, in addition to any other costs agreed, if at any time unconditional contracts for the sale of the Property are exchanged:
7.3.1 with a Buyer introduced by another agent or through any other method which does not involve Swiftmovenow.co.uk during our contracted period (Sole Selling Rights) (A minimum fee of £3,000 or 1.5% of the Agreed Price on properties over £150,000 will apply)
7.3.2 and if you attempt to sell or negotiate directly to any buyer introduced by us, you will be liable to pay the money that we would have received and defined by either the minimum fee in clause 7.3.1 or our money retained defined clause 7.2, whichever is greater. Our continued entitlement to any remuneration shall not expire before 12 months have passed following on from the termination of this agreement.
- General Terms
8.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For contracts entered into other than at our premises you have a legal right to change your mind within 14 days without giving reasons. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.2 To exercise the right to cancel the Seller must inform the Buyer by email to email@example.com of your decision to cancel this contract by a clear statement confirming the same.
8.3 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.
8.4 Effects of Cancellation
8.4.1 If you cancel this agreement, you will be released from all obligations under it.
8.4.2 We will not seek to recoup costs from you
8.5 You appoint Swiftmovenow with sole selling rights in respect of the Property for a period of 30 days. This will roll into a period of a further 30 days if notice is not given by the 21st day of each marketing period.
9 Our responsibility for loss or damage suffered by you
9.1 If we fail to comply with this contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable skill and care, but we are not responsible for any damage or loss that is not foreseeable. Damage or Loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen.
9.2 We will have no liability to you for any loss of business, loss of profit, business interruption, or loss of business opportunity.
9.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our agents, employees or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal right for our services to be supplied with reasonable skill and care.
- Legal Matters
10.1 You as Seller will be required:
10.1.2 To give vacant possession on completion of the sale
10.1.3 To sell with full title guarantee
10.1.4 To pass risk on completion. This means that title and risk to the property will not pass until the legal transfer of the property has completed and as such you will continue to have responsibility to insure the property until legal completion takes place
- Other important terms
11.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
11.2 We may require you to transfer the Property on completion to a third party or an associated company or a sub-purchaser from us.
11.3 We reserve the right prior to completion to upload your property to a Property Portal website and/or to allow the property to be marketed by an Estate Agency chosen by us. In accepting the Offer in Principle you give us authority to deal with the property as set out in this clause.
11.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
12.1 Each party shall treat as confidential all information obtained from the other pursuant to the terms and conditions of the Contract and shall not disclose such information to any person (except to such party’s advisors) without the other party’s prior written consent provided that this condition 12 shall not extend to information which was rightfully in the possession of such party prior to the beginning of the negotiations leading to the terms and conditions of the Contract, which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this condition 12) or which is obvious or trivial.
- Force Majeure
13.1 If we are hindered, prevented or delayed from or in performing any of its obligations under the terms and conditions of the Contract by a Force Majeure Event:
13.1.1 Our obligations under the terms and conditions of the Contract are suspended while the Force Majeure Event continues and to the extent that it is prevented, hindered or delayed;
13.1.2 as soon as reasonably possible after the start of the Force Majeure Event, we shall notify you in writing of the Force Majeure Event, the date on which the Force Majeure Event started and the effects of the Force Majeure Event on its ability to perform its obligations under the terms and conditions of the Contract. If the Force Majeure Event continues for more than three months starting on the day the Force Majeure Event starts, either party may terminate the agreement by giving not less than thirty days’ notice in writing to the other party.
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Swiftmovenow.co.uk will always complete in a timescale to suit you but accepts no liability if a completion date cannot be met or if a purchase does not take place for whatever reason.
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