Sail Probate is a trading name of Probate Tech Limited. These terms and conditions cover Sail Probate customers in England, Wales and Scotland.
When instructing us as agents to sell your property it is a requirement under the Estate Agents Act 1979 that you understand and accept these terms and conditions.
Please read these terms and conditions carefully before you accept and agree to be bound by them. By clicking on the acceptance button you will be agreeing to these terms and conditions and your order will be placed with us. If you have any concerns or questions regarding these terms and conditions then please contact us by telephone at 0117 200 1106 or by email at firstname.lastname@example.org.
Probate Tech Limited (“Sail Probate”) is a company registered in the United Kingdom under company number 12428456 and with registered address at Engine Shed, Station Approach, Temple Meads, Bristol, BS1 6QH. Sail Homes’s VAT number is 349323001.
Sail Homes provides estate agency services to individuals and businesses to facilitate property sales in the United Kingdom (excluding Northern Ireland) and operates and owns the website www.sailhomes.co.uk
Sail Homes is a member of The Property Ombudsman scheme and follows The Property Ombudsman’s Code of Practice for Residential Estate Agents, which is available to view at www.tpos.co.uk. Sail Homes is also registered with The Property Ombudsman’s Approved Estate Agents Redress Scheme.
This section sets out the terms upon which we agree to offer and provide you with the Services.
1.1 As a Seller, when you instruct us, 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.
1.2 When instructing Sail Homes to carry out the Services, you agree to be legally bound by these Terms and Conditions (and any other documents referred to in them) at the point of instruction at checkout on the Acceptance Date.
1.3 Our acceptance of your instruction is subject to receiving satisfactory verification of the identity of the Sellers and details of the Property.
2.1 We will provide the Services to Market the Property for sale and help facilitate the eventual sale of the Property.
2.2 We will carry out the Services with reasonable care and skill. We will use our reasonable endeavours to ensure that your dedicated agent carries out the Services, with reasonable care and skill.
2.3 We engage with a network of agents across the United Kingdom (excluding Northern Ireland). The Sail Homes agents assist in providing the Services. Customers are assigned to their Sail Homes agent upon booking a Market Appraisal for their Property. Please note that your Sail Homes agent may be substituted at any point during the term of our Agreement with you.
2.4 As part of the Services, you will be granted access to the Sail Homes Online where you can: view details of the Property listing; arrange appointments and viewings; view offers; and communicate with your Sail Homes Agent and/or prospective Purchasers.
2.5 You must regularly check your Sail Homes Online account for updates including messages and appointment or viewing requests in relation to the Property.
2.6 Prior to accepting these terms and conditions a Sail Homes agent must have conducted a Market Appraisal with you either via video call or in person.
2.7 The Sail Homes agent will have provided a guide price for marketing the Property for sale. The guide price is based on the Sail Homes agent’s experience, national and regional trends in the property market, and data obtained from various sources including but not limited to Partner Sites and the Land Registry. Ultimately, it will be your decision (as a Seller) to decide on the Marketing Price to include in the Property Advert. You will be able to amend the Marketing Price by notifying us, via Sail Homes Online or by calling your Sail Homes agent, at any time during the Marketing Period and we shall use our reasonable endeavours to update the Marketing Price on Sail Homes Online, Our Site and any Partner Sites within five days of receiving such notification.
2.8 You agree and acknowledge that the guide price provided by the Sail Homes agent during or following the Market Appraisal is not a valuation of the Property.
2.9 Your Sail Homes agent will help create a Property Advert for the Property and upload it to Sail Homes Online. You will have the opportunity to edit or suggest amendments to the Property Advert on Sail Homes Online.
2.10 You are responsible for ensuring that all information relating to the Property in the Property Advert is accurate, current and in no way misleading (please refer to the section headed ‘Description of the Property’ in these terms and conditions, below).
2.11 We will advertise the Property for sale on Our Site and any Partner Sites that we consider to be the most effective at securing interest in the Property from prospective Purchasers for the duration of the Marketing Period. We reserve the right to withdraw the advertisement and marketing of the Property from Our Site and/or Partner Sites at our absolute discretion.
2.12 Third party websites such as Partner Sites are subject to change and we do not guarantee the continued presence of the Property on any individual website.
2.13 It will be your sole responsibility to conduct viewings for prospective Purchasers and we assume no responsibility in this respect unless you have purchased viewings as a Extra Service. In all circumstances it is your responsibility to record your availability for viewing appointments accurately in your Sail Homes Online account.
2.14 It is your responsibility to adhere to the Sail Homes policies on COVID-19 safety. We have a number of policies that we insist Sellers adhere to when carrying out viewings or any face-to-face interaction. We reserve the right to cancel the Property Advert should we find that you have not met these standards.
2.15 We will provide you (via the Sail Homes Online and/or by email) with written confirmation of all offers received from prospective Purchasers as soon as an offer has been Qualified or otherwise within 48 hours of receipt.
2.16 You will be able to view all offers on Sail Homes Online and communicate directly with the prospective Purchaser. If you would like assistance in negotiating any offers you should contact your Sail Homes agent as this is included in the Services.
2.17 Upon agreeing the sale of the Property with any Purchaser, you must promptly provide us with the contact details of your instructed conveyancer or solicitor and your mortgage provider. If your instructed conveyancer, solicitor or mortgage provider changes before Completion, you must promptly provide us with the updated contact details of your instructed conveyancer or solicitor.
2.18 You confirm that once we receive confirmation that an offer for the sale of the Property has been accepted and the Memorandum of Sale has been signed by both parties, we can automatically forward your details and the details of the prospective Purchaser to the conveyancer or solicitor who you have instructed.
2.19 If an offer for the sale of the Property has been accepted you will have access to the Sail Homes support sales team who will assist you up to the Completion of the sale of the Property. You hereby consent to us contacting your conveyancer, solicitor and mortgage provider and those of the prospective Purchaser and any other parties involved directly or indirectly in the sale of the Property.
2.20 We will take reasonable steps to ensure that all parties are informed of any changes or developments in the sale of the Property, however, you are ultimately responsible for ensuring all parties are aware of any changes or developments. We accept no liability for any loss arising as a result of such communications between the parties.
2.21 In the event that a sale of your Property does not complete, we will resume marketing the Property at your request for the remainder of the Marketing Period.
2.22 Sail Homes and/or your Sail Homes agent may contact you if you have not received an offer within the first four weeks of the Marketing Period to provide you with recommendations to help Market the Property more effectively and to review your Property Advert. You are under no obligation to follow these recommendations however you will be required to engage with us and your Sail Homes agent in goodwill discussions. If the Property remains unsold, we and/or your Sail Homes agent may contact you regularly to offer further recommendations to help Market the Property more effectively.
2.23 If your Sail Homes agent receives consistent feedback from prospective Purchasers that suggests the Marketing Price is too high to result in a sale or if the Property receives little interest from prospective Purchasers, your Sail Homes agent will contact you to review the Marketing Price of the Property. We reserve the right to withdraw the Accompanied Viewings service provided by the Sail Homes agent or Sail Homes’s appointed viewing agents, where in our sole discretion, we consider that it is unreasonable for the Sail Homes agent or Sail Homes’s appointed viewing agents to continue to accompany viewings in consideration of the feedback received from prospective Purchasers. No refund of any fees paid to Sail Homes will be available if we withdraw under these circumstances and cancellation fees may apply.
3.1 You may choose to purchase or opt-into one or more of the Extra Services and/or Extra Products below in addition to the Services provided:
3.1.1 If you would like your Sail Homes agent or Sail Homes’s appointed viewing agents to conduct viewings at the Property during the Marketing Period you may purchase a viewings service at additional cost following acceptance of these terms and conditions.
3.1.2 It is your responsibility to provide sets of keys to your Sail Homes agent for all lockable doors and cupboards within the Property.
3.1.3 You must ensure that your Sail Homes agent has access to the Property at the date and time of any arranged viewings.
3.1.4 You must ensure that the Property is in a safe condition and prepared for any and all viewings.
3.1.5 Should you fail to provide access to the Property for viewing on multiple occasions, Sail Homes reserves the right to cancel this Agreement in which case cancellation fees may apply.
3.1.6 A Rightmove Premium Listing is an Extra Product that may be purchased at additional cost following acceptance of these terms and conditions. The premium listing is fulfilled by our Partner Site, Rightmove and you should refer to Rightmove for more information about the product. This Extra Product is non-refundable, save in accordance with the Cancellation policy.
3.1.7 A Zoopla Premium Listing is an Extra Product that may be purchased at additional cost following acceptance of these terms and conditions. The premium listing is fulfilled by our Partner Site, Zoopla and you should refer to Zoopla for more information about the Product. This Extra Product is non-refundable, save in accordance with the Cancellation policy.
3.1.8 A Photography Pack is an Extra Product that may be purchased at additional cost following acceptance of these terms and conditions. The Photography Pack is fulfilled by one of our nominated third-party providers.
3.1.9 You acknowledge and agree we will share your personal data (including your contact details) with such third-party provider.
3.1.10 We will place an order with the provider who will liaise directly with you to arrange a suitable time to take images of the Property. You must notify the provider directly if for any reason you are not available at the agreed time. If the provider attends the appointment but is unable to enter the Property at the agreed time, or if you cancel the appointment on the same day, you will be liable for the cost of any subsequent visit by the provider.
3.1.11 Surveys is an Extra Product that will be an option at no extra cost to you. If chosen, you give permission for us to share your personal data (including you contact details) with such third-party provider.
3.1.12 We reserve the right to sell access to this survey to potential buyers.
3.1.13 Searches is an Extra Product that will be an option at no extra cost to you. If chosen, you give permission for us to share your personal data (including you contact details) with such third-party provider.
3.1.14 We reserve the right to sell access to Searches to potential buyers.
3.1.15 You will have the option to include a For Sale board as part of your Sail Homes listing at no extra cost to you. If chosen, you give permission for us to arrange for a ‘For Sale’ board provider to erect one ‘For Sale’ board at the Property.
3.1.16 You are only permitted by law to display one ‘For Sale’ board at the Property and therefore you agree that whilst a Sail Homes ‘For Sale’ board is displayed, no other boards will be erected at the Property.
3.1.17 The ‘For Sale’ board shall belong to us and we will arrange for the board to be collected at such time when the Property sale is Completed, the Property is withdrawn from the Market, at the end of the agreed Marketing Period, or following cancellation of the Agreement, whichever is the sooner.
3.1.18 It is your responsibility to ensure that the ‘For Sale’ board is removed from public display no later than 14 calendar days after the sale of the Property, and kept safe and secure for collection by us or the provider.
3.1.19 The erection of a For Sale board is subject to the ‘Town and Country Planning (Control of Advertisements) Regulations 2007’. In certain circumstances, despite your request for us to do so, we may not be able to erect a For Sale board under these laws.
3.1.20 Pursuant to the Energy Performance of Buildings (England and Wales) Regulations 2012 it is a legal requirement for you to have a valid EPC for the Property or to have commissioned an EPC before we can Market the Property.
3.1.21 You can commission an EPC from one of our nominated partners by purchasing it at additional cost as an Extra Service through your Sail Homes Online account.
3.1.22 You acknowledge and agree that in purchasing this Extra Service, we will share your personal data (including your contact details) with such third-party provider.
3.1.23 We will place an order with the provider who will liaise directly with you to arrange a suitable time to carry out the survey. You must notify the provider if you are not available at the agreed time. If the provider attends the appointment but is unable to enter the property at the agreed time, you will be liable for the cost of any subsequent visit by the provider.
3.2 You may purchase one or more of the Extra Services and/or Extra Products above (in addition to the Services provided in by Sail Homes) either as part of your original order or as a subsequent purchase through your Sail Homes account. If you make a subsequent purchase, that purchase will constitute a variation to your contract with us and will be governed by the terms and conditions of this Agreement.
3.3 We offer all Sellers and prospective Purchasers an introduction to our selected partners who offer additional services such as insurance, mortgages, surveys and conveyancing. It is entirely the Sellers and prospective Purchasers decision on whether they wish to be introduced and then instruct any of our selected partners. Should you choose to instruct any of our selected partners, you should know that we would receive a commission/referral fee from our selected partners for recommending Sellers and prospective Purchasers. As these fees vary upon the instruction, you can request details about the specific referral fee from your Sail Homes agent or by emailing email@example.com. You acknowledge and agree that any relationship between you and a third-party supplier is by separate agreement and Sail Homes shall have no liability to you for the additional services provided by such third parties.
4.1 By accepting these terms and conditions, you instruct us to market your Property on a ‘Sole Agency Basis’ for a minimum term of 16 weeks from the Acceptance Date and thereafter we shall continue to Market the Property on a Sole Agency Basis until either you or we cancel this Agreement in accordance with Clause 6 (“Sole Agency Period”).
4.2 You will be liable to pay the Sail Homes Fee, in addition to any other costs or charges agreed, including any administrative costs incurred in collecting the unpaid Sail Homes Fee, if at any time unconditional contracts for the sale of the Property are exchanged:
- with a purchaser introduced by us during the Sole Agency Period or with whom we had negotiations about the Property during that period; or
- with a purchaser introduced by another agent during that period.
4.3 You will be liable to pay the Sail Homes Fee, or a proportion of it which represents the costs incurred by Sail Homes in delivering the Services to you, should you agree to Market the Property with any other estate agent during the Sole Agency Period after the Acceptance Date.
4.4 After the sixteen week period following the Acceptance Date you may choose to appoint a third party to market the property alongside Sail Homes on a ‘multiple-agency’ basis (“Multiple Agency Period”). Sail Homes reserves the right at its sole discretion to continue to market the property on a ‘multiple-agency’ basis or otherwise cancel this Agreement in accordance with Clause 6.
4.5 You will be liable to pay the Sail Homes Fee, in addition to any other costs or charges agreed:
- in accordance with Clauses 4.1 and 4.2; or
- if at any time unconditional contracts for the sale of the property are exchanged with a purchaser introduced by us during the Multiple Agency period or with whom we had negotiations about the property during that period.
5.1 The Sail Homes Fee for the Sail Homes Bundle you have chosen appears at the top of these terms and conditions and in the contract which will be sent to you following the acceptance of these Terms.
5.2 The Sail Homes Fee is a fixed fee that will not vary whatever sale price is agreed with the Purchaser at Completion.
5.3 You should refer to the Clauses 4.2, 4.3 and 4.5 for further details at when the Sail Homes Fee is payable.
5.4 You agree to notify us promptly on the occurrence of each of the following events, including details relating to the parties involved and the timing:
1. you agree to the sale of the Property with any Purchaser;
2. unconditional contracts for the sale of the Property are exchanged; and
3. upon Completion of the sale of the Property.Upon exchange of contracts on your Property, we have the right to remove the Property from Sail Homes Online, Our Site and all Partner Sites.
5.5 You must promptly provide us with the contact details of your instructed conveyancer or solicitor as soon as they are instructed and by no later than ten business days prior to the expected date for exchange of unconditional contracts for the sale of the Property. If your instructed conveyancer or solicitor changes at any time before Completion, you must promptly provide us with the updated contact details of your instructed conveyancer or solicitor.
5.6 We will raise an invoice for the Sail Homes Fee in respect of the sale of the Property upon production of the Memorandum of Sale and shall be payable at Completion of the sale of the Property. You hereby agree to pay the Sail Homes Fee immediately in accordance with this Clause 5. Any failure to pay the Sail Homes Fee in accordance with this Clause 5 shall result in interest being charged and payable at an annualised rate equal to the Barclays Bank Base rate plus 4%. If Sail Homes Fee remains unpaid for a period of 60 days or longer, Sail Homes reserves the right to instruct any third part(y)/(ies) to take steps to collect the overdue debt.
5.7 You give us authority to submit our invoice the Sail Homes Fee and any other amounts due to us to your instructed conveyancer or solicitor following exchange of contracts and you further warrant that you shall give authority to and instruct the conveyancer or solicitors acting on your behalf on the sale of the Property to pay the Sail Homes Fee to us immediately upon Completion.
5.8 If the Property is part exchanged with other premises, the Sail Homes Fee will be payable in full on the day that Completion takes place.
5.9 If the Seller of the Property is more than one person, all such persons will be liable for payment of the Sail Homes Fee and other such amounts owing under this Agreement and such liability will be joint and several, meaning that we may apply to any of the persons who are Sellers to individually pay the full sum owing in fees costs and any agreed expenses.
5.10 Any payment obligation(s) that arise before termination of this Agreement (including, without limitation, the obligation to pay the Sail Homes Fee in respect of introductions arising in the sole or multiple agency periods pursuant to Clauses 4.2, 4.3 and 4.5) shall survive termination of the Agreement.
5.11 You will not be liable to pay us the Sail Homes Fee where a Purchaser is an Existing Prospective Purchaser and, prior to accepting these terms and conditions, you have notified us of the name and addresses of that prospective Purchaser.
5.12 You will not be liable to pay us the Sail Homes Fee where a Purchaser introduced during the Multiple Agency Period was introduced by another estate agent and at no time used any of the Services provided by us.
5.13 If you have cancelled the contract and instruct another estate agent to sell the Property, you shall remain liable to pay the Sail Homes Fee if a Memorandum of Sale is issued by another agent to a Purchaser that we have introduced within 6 months of the date this Agreement was terminated and where a subsequent exchange of contracts takes place with that Purchaser. If no estate agent is involved in the transaction this time limit shall extend from 6 months to two years.
5.14 Please note that you may be liable to pay more than one estate agency fee if you have previously instructed another agent to sell the Property on a sole agency, joint sole agency or a sole selling rights basis. It is your responsibility to check the terms and conditions of any estate agency contract that you have previously entered into.
5.15 The Sail Homes Fee is based on the marketing and promotion of one property. If you want us to market multiple properties, a separate agreement will need to be entered into and a separate fee will be payable for each property.
5.16 Sail Homes Extra Fees will vary depending on which products and services you order and can be found on Our Site. You can purchase additional Extra Services and/or Extra Products at any time during the Marketing Period using Sail Homes Online.
5.17 Any Sail Homes Extra Fees for Extra Services and Extra Products will be payable immediately on purchase unless such Extra Service and/or Extra Product is included as standard on your Sail Homes Bundle.
5.18 If you cancel this Agreement in accordance with Clause 6 and you have purchased any additional Extra Services and/or Extra Products you may be entitled to limited refunds in respect of a Extra Fees.
5.19 The Sail Homes Fee quoted at the top of these terms and conditions is the Sail Homes Fee agreed by you at the Acceptance Date. If for any reason you wish to cancel the Agreement and wish to re-instruct Sail Homes on a different Sail Homes Bundle, the Sail Homes Fee payable will be the Sail Homes Fee quoted on the Sail Homes website at the date you agree to instruct Sail Homes on the new Sail Homes Bundle.
6.1 You can cancel this Agreement at any time within 14 calendar days of the Acceptance Date (the ‘Cancellation Period’) by sending us your decision in a clear statement by letter, post or email. You may use the model cancellation form available on here but it is not obligatory.
6.2 Following the Cancellation Period you can terminate this Agreement at any time after the Minimum Term by providing us with 14 days’ notice contained in a clear statement by letter, post or email. Please note that such notice may be given 14 days prior to the expiry of the Minimum Term such that termination of the Agreement will occur immediately thereafter.
6.3 We may amend or withdraw any or all of the Services, Extra Services or Extra Products by writing to you and providing at least 14 calendar days’ notice in advance of such amendment or withdrawal. Upon receiving our notice to you of the amended or withdrawn Services, you shall have the right to terminate this Agreement by giving 14 calendar days’ notice in writing to us that you wish to end this Agreement.
6.4 We may terminate this Agreement at any time by providing you with 7 days’ notice.
6.5 We may terminate this Agreement with you at any time in writing if you do not, within ten business days of the Agreement Date, provide us with information that it necessary in order for us to provide the Services in full (including but not limited to information requested to verify your identity and your ownership of the Property and evidence that a valid EPC certificate exist or has been commissioned)
.6.6 If we discover that you have breached your warranties at Clause 8.6 and we subsequently decide to terminate this Agreement, you shall be liable to pay us liquidated damages (plus administration costs for recovery) of £250 to cover the costs that we have incurred in performing services for you under this Agreement. You agree that these damages are a genuine pre-estimate of the minimum likely costs that we have incurred, and are not a penalty. The payment of such liquidated damages does not exclude our right to bring a further claim for general damages if we have suffered further losses.
6.7 For the avoidance of doubt, a change to the Sail Homes agent or the Marketing Price does not constitute an amendment to this Agreement.
7.1 We do not exclude or limit in any way liability for death or personal injury caused by our negligence or the negligence of our Associates, fraud or fraudulent misrepresentation; or breach of any terms implied by the Supply of Goods and Services Act 1982.
7.2 If we fail to comply with these terms and conditions, our liability to you shall not exceed the price you have paid for the Services (including the Sail Homes Bundle and/or any Extra Services or Extra Products) and if you have not paid for the Services, our liability shall not exceed £1,000. Our liability shall not in any event include business losses such as loss of data, loss of profits, loss of contracts or business interruption.
7.3 We will not accept any responsibility for any damage or loss suffered as a result or in connection with the placing and erection of the 'For Sale’ board on your Property.
7.4 We do not accept any responsibility for any loss or damage caused by a prospective Purchaser visiting the Property.
7.5 You agree that it is your responsibility to ensure the safety of any prospective Purchaser visiting your Property, and we do not accept any liability in this respect.
7.6 Due to the nature of the Services, we do not guarantee that you will receive viewings requests, receive an offer or ultimately complete the sale of the Property. We will not be liable for any losses, claims, damages, costs or expenses suffered or incurred by you or any other person should the Property not sell.
7.7 You agree that you will indemnify us and/or our Associates, and keep us and/or our Associates indemnified, from and against all direct costs, expenses, damages and losses, which may be suffered or incurred by us in connection with any third party claim made against us arising as a result of the Seller’s breach of this Agreement or its legal responsibilities.
8.1 It is your legal responsibility to disclose any information you are aware of that relates to the Property in a clear, intelligible and timely manner and you agree to comply with this responsibility. You will provide information that is accurate and not misleading and you must not omit to disclose anything material that may impact on the average consumer’s transactional decision in relation to the Property. If the Property is a leasehold property you must provide details of service charges, ground rent, the length of years remaining on the lease, and any special conditions relating to the lease.
8.2 You acknowledge and agree that it is your responsibility to check your Property Advert in its totality and notify us of any incorrect or missing information prior to the Property being listed on the Market. If at any time you become aware of any such incorrect or missing information while the Property is listed on the Market you must notify us immediately.
8.3 If you feel that any marketing material promoting the Property is not accurate or is misleading, you must contact us immediately. We will review the relevant material as soon as is practicable and take such action as is necessary to amend the material. You acknowledge that material promoting the Property is subject to change at any time.
8.4 If we are notified or made aware of information or material provided by you that infringes a third party’s intellectual property rights we have the right to remove the Property from Our Site and Partner Sites immediately.
8.5 You must inform us of any Existing Prospective Purchaser known to any Seller in writing to firstname.lastname@example.org prior to accepting these terms and conditions including the address of the Property being sold and clearly stating the full names and addresses of each Existing Prospective Purchasers.
8.6 You warrant and undertake that you:
a. have entered into the Agreement in good faith and with a genuine desire to engage us to sell your Property;
b. are the sole owner or joint owner of the Property;
c. have the necessary authority, power and capacity to instruct us to list the Property for sale from all owners of the property and will provide evidence of such if required to do so by us;
d. own or are licensed to use any and all intellectual property rights in any content uploaded onto Our Site or Sail Homes Online and that any such content does not infringe any third party’s intellectual property rights;
e. will co-operate with any reasonable security checks or requests for information made by us or your Sail Homes agent from time to time;
f. will notify us or the Sail Homes Agent if you are not the legal owner of the property you have instructed us to sell or if you are acting on behalf of a company or trust;
g. you are allowed to advertise with us at the same time if the Property is being advertised by another estate agency. If you instruct us to advertise the Property and subsequently find that this puts you in breach of your other agent’s terms of contract then your listing can be stopped provided you give us at least 48 hours’ notice in writing but you will be liable for any costs incurred by us up to that date and may be liable to pay the Sail Homes Fee in full;
h. will provide Sail Homes and your Sail Homes Agent with such information and materials as Sail Homes and your Sail Homes Agent may reasonably require (including a home owners report) in order to provide the Services and that such information is in compliance with Clause 8.1 of these Terms and Conditions; and
i. will commission an EPC for the Property prior to the marketing of the Property if a valid certificate does not already exist. If a valid EPC does exist you will provide a copy to us within ten business days of the Agreement Date.
8.7 We must carry out due diligence on all customers and you agree to provide us with any documentation that we may require for these purposes. In the event that we are unable to verify your identity and cannot comply with our obligations under the Money Laundering Regulations 2017, we shall be entitled to terminate the Agreement with you immediately, without notice or liability to you, and cease to provide the Services with immediate effect. We may also have to cease to act without explanation in certain circumstances and we will not be liable to you for any liabilities losses, costs or expenses suffered by you in such circumstances.
8.8 Neither you nor we exclude our liability for misrepresentation. If we already have an Agreement with you and we enter into another agreement in relation to the same subject matter, the new agreement will supersede and replace this Agreement.
8.9 Any person can introduce or make referrals to us, verbally or via email or any referral scheme. If a person introduced or referred to us subsequently purchases a Sail Homes Bundle from us then this could be subject to an incentive which could include, for example, vouchers or Extra Service(s) or Extra Product(s) (at the sole discretion of us). Authorised referral incentives are subject to their own specific terms and conditions.
8.10 Any person referred or introduced to us will have the right to opt-out of email campaigns upon receipt of their first email (or subsequent emails).
8.11 Any complaints about the Services must be made in writing and sent to us via email at email@example.com. Any such complaints will be dealt with swiftly and professionally.
8.12 In the event that any complaint cannot be resolved with us directly, please be aware that we are registered with the Property Ombudsman Scheme which provides consumers with a free, impartial and independent alternative dispute resolution service.
8.13 You acknowledge and agree that we and/or our licensors own all legal right title and interest in and to Our Site and Sail Homes Online.
8.14 The Agreement is governed by English law, and subject to Clauses 8.12 – 8.13 and Appendix 2, we agree to submit to the exclusive jurisdiction of the English courts.
In these terms and conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:
means the date on which you accepted these terms and conditions;
means directors, employees, sub-contractors and agents of Sail Homes;
means any products offered and provided by Sail Homes and/or a Sail Homes Agent (or another designated third party) which are additional to the Sail Homes Bundle;
means any services offered and provided by Sail Homes and/or a Sail Homes Agent (or another designated third party) which are additional to the Sail Homes Bundle;
means the date on which the legal transaction of the sale of the Property is complete;
means a person who has expressed an interest in purchasing the Property to the Seller during the 3 month period immediately prior to the date of this Agreement;
means the person(s) licensed by Sail Homes to conduct Market Appraisals, Accompanied Viewings (as more specifically set out in the section headed ‘Extra Services and Extra Products’) and other related services in respect of the Property;
means the Property is listed for sale on Our Site and/or is listed on any Partner Sites by Sail Homes;
means the market appraisal service provided by the Sail Homes Agent attending the Property and recommending a guide price for the sale of the Property;
means the period of 10 months from the date that Sail Homes commences the marketing of the Property on Our Site or Partner Sites or until such time as that notice is served that the Agreement is to be cancelled or until such time as the Property Advert is removed or withdrawn by Sail Homes on Our Site or such Partner Sites. The Marketing Period may be extended in Sail Homes' sole discretion;
means the asking price for the Property to be agreed between the Seller and the Sail Homes Agent;
means the document that is signed by both the Purchaser and Seller confirming the terms of an offer for the purchase of the Property which has been accepted, where both parties agree to proceed with the formal aspect of the sale;
means the initial sixteen week period following the Agreement Date during which Sail Homes shall market the property on a sole agency basis;
means Rightmove, Zoopla and any other website that Sail Homes decides to partner with to promote the Property from time to time;
means the residential property in the United Kingdom (Excluding Northern Ireland) that you have asked a Sail Homes Agent to appraise or have instructed Sail Homes to advertise for sale;
means a written description, a floorplan, the photographs the Property taken by a Sail Homes Agent which are used to Market the property;
means the person(s) purchasing the Property;
means taking reasonable steps to find out from a prospective Purchaser the source and availability of their funds for buying the Property with such information to include whether the prospective Purchaser needs to sell a property, requires a mortgage, claims to be a cash buyer or any combination of these;
means the website at www.rightmove.co.uk, owned and operated by Rightmove Plc, a company registered in England under company number 6426485 and having its registered office at Turnberry House, 30 Caldecotte Lake Drive, Caldecotte, Milton Keynes, MK7 8LE;
means the owner(s) of the Property or the person(s) who is entitled to sell the Property;
means the estate agency services provided by Sail Homes and/or a Sail Homes Agent, which will include as a minimum: the creation of a Property Advert, Marketing of your Property on Our Site and selected Partner Sites (all as more specifically details below and on Our Site), assistance in the negotiation of any offers (as requested) and assistance in progression of the sale of the Property through to Completion;
means you agree to appoint Sail Homes and/or a Sail Homes Agent as the sole and exclusive estate agent to advertise and Market the Property.
means value added tax chargeable under the Value Added Tax Act 1994;
means the interactive facility on Our Site where you can view details of the Property listings, diary appointments and availability and offer letters through a dedicated account;
means the fee (inclusive of VAT) due to Sail Homes for providing the Extra Services and Extra Products to you (as advertised on Our Site);
means the Services and any optional extras as identified on Our Site that may be included in the fixed fee that you have selected as part of the ordering process;
means the fee (inclusive of VAT) payable to Sail Homes for the chosen Sail Homes Bundle; and
means the website at www.zoopla.co.uk owned and operated by ZPG Plc, a company registered in England under company number 09005884 and having its registered office at The Cooperage, 5 Copper Row, London SE1 2LH.
If your Property is in Scotland, the Terms and Conditions above shall be amended as set out below.
a. “Completion” shall be construed as “settlement”.
b. “Exchange of contracts” (and references to “exchange” or “contracts” in this context) shall be construed as “conclusion of missives”.
c. “Memorandum of Sale” shall be construed as “formal offer”.
d. In the event of any conflict between the terms in this Appendix 2 and the Terms and Conditions, the terms in this Appendix 2 shall prevail.
a. For most residential property transactions in Scotland it is a legal requirement (under the Housing (Scotland) Act 2006) to have a Home Report for the Property before we can Market the Property.
b. You can commission a Home Report from one of our nominated partners by purchasing it at additional cost as an Extra Service through Sail Homes Online.
c. You acknowledge and agree that in purchasing this Extra Service, we will share your personal data (including your contact details) with such third-party provider.
d. We will place an order with the provider who will liaise directly with you to arrange a suitable time to carry out the survey. You must notify the provider if you are not available at the agreed time. If the provider attends the appointment but is unable to enter the property at the agreed time, you will be liable for the cost of any subsequent visit by the provider.
e. You must ensure that the Home Report is true and accurate (to the best of your knowledge).
a. Please disregard the paragraphs in the Terms and Conditions on EPCs.
a. The Agreement is governed by Scottish law, and you and Sail Homes agree to submit to the exclusive jurisdiction of the Scottish courts.