Terms & Conditions
1) You should not complete our House Seller Registration form unless you and any other owners of your property have read, understood and agree to these terms and conditions.
2) This agreement is between OwnerSellers Limited, Ickenham House, 2-4 High Road, Ickenham UB10 8LJ (Company Number:06394532) (Us) and the individual(s) completing the House Seller Registration form (you).
3) The agreement will run until the property/business is sold or either party provides written confirmation to the other that termination is required. Termination will take place on the date of notification of termination.
4) We agree to provide our marketing service at no cost to you and we will advertise your property/business on our website and such other websites as we shall decide in our absolute discretion. Our additional services such as photographs, plans, For Sale boards and assistance with negotiating your sale, are available for a charge and will be provided once payment of the outlined fee(s) has/have been paid to us.
5) A valid Energy Performance Certificate (EPC) is legally required for all properties offered for sale by us. The EPC must at least be commissioned before marketing commences and should be in place within 7 days. If an EPC is not in place within 28 days the property must be withdrawn from the market until the EPC is available.
6) Where you instruct us to provide a For Sale board, the board we provide will become your property and will be your responsibility to ensure you comply with the requirements of the Town & Country Planning (Advertisement) Regulations applying at the time within your local authority and any other restrictions that be in place locally. It is your responsibility to erect the For Sale board and this must be erected within the curtilage of the property and must be taken down within 14 days of the property being sold. We accept no liability for any claim arising in connection with the board.
7) Where any potential conflict of interest occurs or where you have any connection to our agency we must disclose details to any prospective buyer. Please assist us by advising us as soon as possible, if you are aware of any business association, family relationship or other connection you might have with this agency, or any employee.
8) In line with The Money Laundering Regulations 2007, as a regulated profession, we are duty bound to carry out due diligence on all of our clients to confirm their identity. In order to do this, but not be intrusive, we may either -Require sight of documentary proof of address, together with acceptable photographic ID, such as a passport or photo driving licence and copies may be taken and held on file; orUse an electronic verification system. This system allows us to verify you from basic details using electronic data, however it is not a credit check of any kind so will have no effect on you or your credit history. You agree that we may undertake a search with Experian for the purposes of verifying your identity. To do so Experian may check the details you supply against any particulars on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained.
9) Prospective purchasers may be provided with a range of services including, estate agency services, mortgage facilities, life insurance, property insurance, removal services, and conveyancing services by us or third parties, for which fees or commission may be received. We will not discriminate against any prospective buyer because that person will not be, or is unlikely to be accepting services that we may (directly or indirectly) provide.
10) We take no responsibility for maintenance, repairs or damage where your property is unoccupied.
11) All descriptions and information about your property must be accurate in order to comply with the Consumer Protection from Unfair Trading Regulations. It is therefore very important that you enter your property details carefully. Your failure to do so can leave you open to action by Trading Standards Officers. To assist with compliance we require you to complete our property information questionnaire and return it to us. Failure to do so may delay the marketing of your property. We will review the information you provide and we may, at our sole discretion, amend the information within your listing. In addition, you are obliged to pass on any material information that would impact on a potential buyers’ transactional decision and so you must ensure that anything you feel is relevant to this is either included within the property details you enter onto our website or is disclosed to any interested party during any viewing.
12) We are a member of The Property Ombudsman Scheme for estate agents (TPOS) and follow its Code of Practice. By entering into this agreement you agree that if the Ombudsman asks for information about any aspect of our dealings with you we can provide the information; whether that be in relation to a complaint, or their monitoring process. A copy of our complaints procedure is available on request. A copy of the TPOS Code of Practice and the Consumer Guide is available from www.tpos.co.uk.
13) You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day this contract was agreed. 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 us at firstname.lastname@example.org. 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.
14) Immediate Marketing - We are not legally permitted to market your property until the cancellation period has expired, unless you indicate to us that you require your property to be immediately marketed. If you do request that we begin immediate marketing of your property during the cancellation period and you do exercise your right to cancel, you will not be refunded for any of the additional services that were provided prior to your cancellation being received.
15) As you will be conducting your own viewings, it is your responsibility to ensure your property is safe for visitors. We cannot be held responsible for anything that may occur during the visit.
16) By listing your property or business with us, you are granting us permission to retain your contact and personal details. We are not responsible for prospective buyers failing to honour a confirmed viewing.
17) We will pass onto you all requests for a viewing that we receive.
18) You will be able to see in your account on the website what a prospective purchaser has said about their buying status and financial position; however we have made no independent checks nor independently verified what the prospective buyer has stated about their buying status or financial position.
19) We confirm that we will forward all offers we receive for your property/business promptly to you by email.
20) When an offer has been accepted, we will at your request create a Memorandum of Sale and forward it to all relevant parties concerned by email. This includes the buyer and seller and their respective solicitors.
21) We do not provide a free contract chasing service. If you require us to do this work there will be a charge to be agreed.
22) This website is established solely for the purpose of advertising the sale of properties, entire businesses, business franchises and/or business opportunities. We are not regulated by the Financial Services Authority or any other regulatory body and you are strictly prohibited from offering any form of shares, bonds, securities, collective investment schemes or anything similar via this website. You must not advertise for the sale of less than a majority or controlling interest in any company as that definition is defined under the Financial Services and Markets Act.
23) If your business or property is advertised on this website and you are contacted by a third party who appears to act dishonestly or incorrectly in any way or who contacts you for any purpose other than to negotiate the purchase of the property, business or assets you are advertising, or if you become aware that your advertisement infringes the principles of the website or is in any way misleading, misrepresentative or dishonest, you should immediately contact us.
24) We reserve the absolute right to remove any advertisement or refuse to advertise any property or business if, in our reasonable opinion, we consider such advertisement to be in breach of any law, improper, fraudulent, defamatory or otherwise not in the best interests of our customers, visitors or us.
25) We reserve the absolute right to remove or edit your advertisement or to place the listing in any business category index, if such editing or listing will improve the quality of the website or ensure that your advertisement does not breach the provisions of the Consumer Protection from Unfair Trading Regulations and the Business Protection from Misleading Market Regulations or of any other legislation or for any other legitimate reason.
26) If you are selling a property, business, business opportunity or franchise as a broker, agent or any other form of intermediary, you warrant that you have the full authority and permission of the business or property owner to advertise such property, business, business opportunity or franchise on the website.
27) All intellectual property rights contained on this website, including any trademarks used on the website and copyright in any material contained on the website or rights in any data are owned by or Licenced to us. You are not given any right to use any intellectual property rights contained on the website otherwise than as expressly permitted by us. Any transfer, sale, distribution, reproduction, copying or modification of any material (in whole or in part) is strictly prohibited other than with our prior written consent.
28) Where this website or any advertisement on this website is hypertext linked to any website operated by a third party, we accept no responsibility or liability arising in respect of any content, information or transaction on or carried out on such website. The presence of a hypertext link on our website shall not be deemed to be a recommendation or endorsement of such website by us.
29) You warrant that all information supplied to us by you as a vendor of a property or business is, and continues to be, full, complete and accurate and is not in any way misleading. You will indemnify us against any claim or charge made by any third party as a result of any inaccuracy in any such information and any misleading information. This indemnity applies in relation to any accounting information supplied and any information supplied in relation to title to fixtures, fittings, chattels and contents, or in relation to tenure of properties, or in relation to staff, terms of employment or any other information whatsoever supplied. You will advise us at once if any aspect of your advertisement and/or the sale particulars, including the details of the property or the trading performance of the business, is or later becomes inaccurate or misleading in any way or materially changes, and in particular you will provide us and keep us updated with all information required to professionally market and advertise the property or business.
30) If you are selling a business you confirm that you are an experienced business person who has read and fully understood these Terms and Conditions, that you are not relying on any other warranty or representation made to you and that these Terms and Conditions encapsulate the entire arrangement between us.
31) If any provision of these Terms and Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall be deemed severable and the remaining provisions of these Terms and Conditions and the remainder of any such provision shall continue in full force and effect.
32) Each of our rights or remedies under these Terms and Conditions is without prejudice to any other right or remedy whether under these Terms and Conditions or not.
33) Failure or delay by us to exercise or enforce any right under these Terms and Conditions shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time thereafter.
34) We agree that we do not intend any of these Terms and Conditions to be enforceable by virtue of the Contracts (Rights or Third Parties) Act 1999 by any person that is not a party to it.
35) Except as expressly provided in these Terms and Conditions, no amendment or variation of these Terms and Conditions shall be effective unless in writing and signed by us.
37) WE ACCEPT ABSOLUTELY NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE YOU MAY SUFFER OR INCUR AS A RESULT OF YOUR USE OF OUR WEBSITE UNLESS THAT LOSS COMES ABOUT AS A RESULT OF SOME FRAUD OR SERIOUS MISCONDUCT ON OUR PART.
38) This Agreement and all visits to our website are governed by English law and are subject to the exclusive jurisdiction of the courts of England and Wales.
1) We do not carry out any investigations or due diligence whatsoever into the businesses, business assets or franchises advertised on this website or the sellers whose businesses or properties are advertised on this website. You should make every effort to check and verify any details of any business or property advertised on the website, either personally or through your professional advisers/agents.
2) The website has been set up so that properties, businesses, business assets and/or franchises can be advertised for sale by us. You should only contact a business opportunity or property being advertised on this website through us and not in breach of Clause 14 below, if you have a genuine interest in purchasing the property or business or asset being advertised. You must not contact any person for any other purpose such as offering your or any third party's goods or services or otherwise seeking to solicit business in any way, or in breach of Clause 14 below.
3) You acknowledge and agree that we may arrange or provide ancillary services, such as mortgages, financial services, legal services, business planning, surveys, etc. as part of the assistance provided to vendors or purchasers to enable them to proceed.
4) If you are buying a business you confirm that you are an experienced business person who has read and fully understood these Terms and Conditions, that you are not relying on any other warranty or representation made to you and that these Terms and Conditions encapsulate the entire arrangement between us.
5) We as the Data Controllers (as defined in the Data Protection Act 1998) may hold and process any data and information provided by you. We may contact you as a buyer by any means including without limitation mail, SMS text messaging, email, fax or telephone. You also authorise us to pass onto the vendors whose properties and businesses are listed on the OSL website, your contact details and the other personal information you have supplied and placed on our website, and you authorise such vendors to contact you by any means including without limitation mail, SMS text messaging, email, fax or telephone.
6) If any provision of these Terms and Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall be deemed severable and the remaining provisions of these Terms and Conditions and the remainder of any such provision shall continue in full force and effect.
7) Each of our rights or remedies under these Terms and Conditions is without prejudice to any other right or remedy whether under these Terms and Conditions or not.
8) Failure or delay by us to exercise or enforce any right under these Terms and Conditions shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time thereafter.
9) We agree that we do not intend any of these Terms and Conditions to be enforceable by virtue of the Contracts (Rights or Third Parties) Act 1999 by any person that is not a party to it.
10) Except as expressly provided in these Terms and Conditions, no amendment or variation of these Terms and Conditions shall be effective unless in writing and signed by us.
11) WE ACCEPT ABSOLUTELY NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE YOU MAY SUFFER OR INCUR AS A RESULT OF YOUR USE OF OUR WEBSITE UNLESS THAT LOSS COMES ABOUT AS A RESULT OF SOME FRAUD OR SERIOUS MISCONDUCT ON OUR PART.OSL does not conduct any investigations or due diligence into any business opportunities advertised on this website or any parties responding to any advertisements on this website and does not accept any responsibility or liability whatsoever, for any claims, costs, losses, expenses or damages howsoever arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by users of the website based on any information, opinions or advice contained within this website. In addition, any advertisements on the website do not constitute a binding offer so that acceptance of, or response to, an advertisement by someone does not bind either the owner of the business or property being advertised on the website or us.
13)CONFIDENTIALITY By asking to receive the details of any business advertised on the website, you irrevocably agree that you will:
a) Use such information solely for the purpose of evaluating your interest in acquiring the business.
b) Not pass on any information and/or copies of any literature to any third parties other than professional advisors such as bank, solicitor, surveyor etc.
c) Not make direct contact with owners, staff, suppliers, competitors or customers of any business advertised on the website without the express prior approval of OSL or the business owner.
d) On completion of your assessment of the business, or when requested by OSL, you will return any documents, containing such confidential information.
14) This Agreement and all visits to our website are governed by English law and are subject to the exclusive jurisdiction of the courts of England and Wales.
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