Pursuant to the Estate Agents Act 1979 it is a requirement that you understand and accept our terms and conditions when instructing CastleSmart Ltd as selling agents for your property. Please read the terms set out below. By ticking on the acceptance box you agree to these terms and conditions but If you do wish to question anything about these terms you must contact us in writing, otherwise we will assume that you are happy with them.
Information about CastleSmart Ltd
The Website is owned and managed by CastleSmart Ltd, a company registered in England and Wales with the company registration number 09598170 and having its registered address at Unit 4 , Bristol Way, Stoke Gardens, Slough, SL1 3TD.
All Prices shown are non-inclusive of VAT.
Terms of this agreement:
1. Definitions within this agreement the following words of phrases shall, unless the context otherwise requires, have the following meanings:
“Property” The property address for which you have instructed us to sell as stated at the end of this agreement under the term “Selling address”
“Sale Price” The price agreed with your buyer for the sale of the property
“Buyer” The person purchasing your property (also known as the “purchaser”)
“Seller” The owner of the property or the person given the benefit to or who is entitled to sell the property (also known as the “vendor”)
“You” The owner of the property, or the person given the authority to sell the property in question
“Exchange date” The date at which the property contracts of the sale of the property is legally binding
“Completion Date” The date agreed by both buyer and seller that is the completion of the sale/purchase
“Fee” The amount payable to CastleSmart Ltd in respect of using our platform and services to advertise your home to sell or rent.
“We” Means CastleSmart Ltd a company registered in England, company registration number, 09598170
“On the market” This means that your property is being listed on the CastleSmart Ltd website and/or our partner sites.
“Fully Managed Service” refers to our fully managed service for letting your property. Please see www.castlesmart.com/lettings
“Part Managed Service” refers to our Rent Collect Scheme. Please see www.castlesmart.com/lettings
Fee / Commission / Terms
2. Upfront Fees are paid to CastleSmart Ltd. All fees are to be paid in in accordance with the option you have selected.
For property sales, CastleSmart Ltd offer two package options:
Option 1. £395 +VAT upfront fee with NO additional fees thereafter (apart from any add-ons that you choose to purchase). This covers verification of your property and our estate agent services
Option 2. £650 +VAT upfront fee with NO additional fees thereafter (apart from any add-ons that you choose to purchase). This is our comprehensive option which covers verification of your property, our estate agent services, premium listing on Rightmove, a for sale board, a discount on your conveyancing, professional photography and a professional floor plan.
By choosing either option, CastleSmart Ltd will be instructed by you upon a multi agency basis for a maximum term of 12 months. After your 12 months marketing period expires (or when your property is sold / exchanged) your property will be taken off all portals. The 12 months marketing period starts on the day CastleSmart Ltd sets your property live. If you wish to extend your marketing period, you can do so by purchasing extra months, the cost of this is £150. All costs quoted on the site are non-inclusive of VAT. Please note that if you are listing a commercial property we can advertise this on Righmove but NOT on Zoopla.
2.1 Lettings: CastleSmart Ltd offers three options for Lettings service:
Option 1. For £55 +VAT, CastleSmart Ltd will list your property on www.castlesmart.com and on our partner web portals. We will provide you with a Tenancy Agreement Contract template, which must be completed by yourself and forwarded to your prospective tenants.
Option 2. For £95 +VAT, Castlesmart Ltd will provide all of the above, with the addition of Registration of Deposit into the Government Secure Tenancy Deposit Scheme, and monthly Rental collection.
Option 3. Our most comprehensive package; for £110 +VAT per month, with a 5% monthly commission of the total rent amount, CastleSmart Ltd provide a fully managed service, which covers all of the items above, with the added benefit of using our National Lettings Management Company, where we source and reference the prospective Tenant(s) and provide their Tenancy Agreement. Additionally, we provide a safe transaction of the tenants deposit into the Government Deposit Scheme.
Please note that at no point will CastleSmart Ltd be holding any of the tenants deposit money, this will be held by our chosen management company and is solely their responsibility. All of these extra costs (apart from the initial tenant find) will be the responsibility of the new tenants. If the results of the tenants referencing comes back negative, the final decision whether to allow the tenants a new tenancy agreement will be that of our Landlord. Should they wish for us to not proceed with this agreement the tenants will receive no refund. This is due to the expense of the referencing and the extra administration involved.
2.2 All add ons as shown on the CastleSmart Ltd property website, are listed at the correct price at the time. Changes to the prices can take place at any time and you, the purchaser, are not entitled to any discount if the add ons that you bought are reduced at a later stage. Refunds on discounted conveyancing cannot be given.
2.3 If your property is being advertised by another agent, it is your responsibility to ensure you are allowed to advertise with us at the same time. If you advertise with us and you are not allowed to do so within your other property agent(s) terms of contract, then we can stop your listing with us within 24 hours. However, NO refund will be given (except in the case outlined in clause 13, below). While you are advertising with more than one agent, you will be subject to our fees and if the other agent sells your property they will be entitled to their fee under their contract.
2.4 Your fee payment entitles you to list one property only with CastleSmart Ltd. Any subsequent entries require additional fee payment, depending on the option you choose.
3. Your listing is with CastleSmart Ltd and portal partners (which can change without notice). We confirm that the point of instruction we are a Member of the TPO scheme, and subscribe to its Code of Practice. Please ask us for a copy if you require one You must by law comply with the Consumer Protection from Unfair Trading Regulations 2008 and the Property Misdescriptions Act 1991. The Consumer Protection from Unfair Trading Regulations 2008 require you to disclose any information of which you are aware in relation to the property in a clear, intelligible and timely fashion. The Property Misdescriptions Act 1991 requires you to take all reasonable steps to ensure that, all statements that you make about a property, whether oral, pictorial or written, are accurate and are not misleading and where information is given to potential buyers or their representatives, it is accurate and not misleading. Answers to questions about the property must be truthful and not misleading.
3.1 CastleSmart Ltd guarantees that your property is listed on the CastleSmart Ltd website which is www.CastleSmart.com (I.T. problems not allowed for). Third party website portals are subject to change, they may or may not be controlled by CastleSmart Ltd and we do not guarantee continued presence on these websites, also sometimes these portals do encounter ‘feed’ issues with property listings and again, while they are correcting these feed issues CastleSmart Ltd is unable to offer any guarantee when the listing will be back up live and showing on that particular property portal although it is the policy of CastleSmart Ltd to upload all our property details on to our property portal networks at all times. Sometimes part of your listing may not entirely feed to our portal partners, it is your responsibility to check your listing and inform us of anything not showing correctly or any missing elements. All listing are dependent on the timings and length of times the listing will run as set out in 3.2 below.
3.2 Your listing: As a customer of CastleSmart Ltd, you automatically receive 12 months of marketing during which time we will list your property on our website and all partner websites. The average time in the UK to sell a property (as of 1/1/12) is just over 2 months. If your property has not exchanged within that 12 month period, your listing will expire but during the run-up to your listing expiry you’ll have the opportunity to purchase further months of additional flexible marketing for a fee of just £55 per month or a fee of £150 for a further 6 months. If you do not wish to carry on marketing then you do not need to do anything and your property listing will expire and your agreement with CastleSmart Ltd will automatically come to an end and your property de-listed.
3.3 Your initial listing with CastleSmart Ltd has a 12 month expiry but will not be de-listed until we have spoken to you about extending your marketing. In the event we cannot contact you we will de-list your property.
3.4 If you are supplying your own photographs (maximum 50) and description we require these to be accurate when they are sent to us or uploaded onto our site. We will send a local agent to visit you to ensure these are accurate. Additions or amendments may be subject to a monetary charge. Once our agent has made a date to visit, you are obliged to keep the appointment. If our agent arrives for his appointment and you are not at the property the agent will have to come back to verify your property again and there will be an extra ‘visit’ charge of £60 +VAT or £120 +VAT, if a photographer was booked and visited. If we have to cancel the visit due to you not wishing to continue your marketing, the allocated cost to us for our agents visit will not be refunded.
3.5 If you have paid for us to look after your photos and other add ons, you should be contacted within 24/48 hours by our local agent to arrange a visit. On some occasions this may take longer. If you are supplying your own photographs you must have permission to use the photographs. CastleSmart Ltd have the right to take your listing off its site and off the portals if notified by a third party that the photographs used may not be permitted for use by the vendor. CastleSmart Ltd will notify the vendor and re-list the property as soon as the correct photographs are displayed or the authorisation is received from the third party. If we are providing your photographs the fee paid will be for taking the photographs of one property. If a property has outbuildings or holiday lets, there will be an additional photography charge for the extra properties. Commercial properties may also incur extra photography charges, dependent on the size of the property. The same will apply for any additional floor-plans.
3.6 Our network of agents cover the vast majority of the UK with the exception of Southern Ireland. There are also areas of Wales (West and Central) and Scotland (North of Glasgow and Edinburgh) and Northern Ireland where coverage is minimal and although we can still cover these areas there will be a minimal fee of £40 for our agents to visit.
3.7 Regarding the price of your property, we can advise on valuations from the data we have, which is pulled in from various sources such as Rightmove, Mouse Price and Land registry and takes into account national and regional trends in the housing market. However, the price at which you decide to market your property, will be solely down to you.
4. Rightmove Premium Listing and Rightmove featured properties.
4.1 If you have or intend to order Option 2 (point 2, Fee/Commission/Terms) the Rightmove premium listing then it’s important for you to know that this is a one-time activation that lasts for 6 months but only on a continued marketing basis. For example, if you choose to de-list your property after 2 months of activation then your Rightmove premium listing will instantly come to an end. Premium listings do sometimes go live a number of days after your listing goes live. If you re-list the property at any time after this then you will no longer be able to use the premium credit unless you purchase another one. This is the way Rightmove operate the Premium option and not something we have control over.
4.2 Featured properties. If you order a featured property please allow up to 7 days for your featured property to appear.
5. Viewings / messages and Offers received for your property
5.1 Applicants will be guided towards messaging our vendors directly. In the interest of Internet safety, personal information will not be passed on apart from their CastleSmart Username. CastleSmart Ltd will vet every message and only when we feel the message is appropriate will it be forwarded to the vendor.
5.2 In most cases viewings will be made online via our automated viewing tool within the property search facility. Viewings requested through our portal network will automatically link up with this functionality. Applicants requesting to make a viewing via the telephone will be directed to automate their viewing. Once a viewing has been arranged, a confirmation email to both the seller and the buyer will list the property address, the time of the viewing, both parties and their respective contact details (name and phone numbers). If after conformation has been sent to both parties, CastleSmart Ltd has no responsibility if either party (buyer or seller) do not show up for a viewing. Viewings are the sole responsibility of the seller.
5.3 CastleSmart Ltd confirms that (unless otherwise instructed in writing by you, the seller) pursuant to the Estate Agents Act 1979 we will forward to you accurately in writing (which includes email correspondence), all offers from prospective purchasers within 2 days
5.4 Once a sale has been agreed, CastleSmart Ltd will prepare and send out a Memorandum of Sale by email to the address provided by you, and to both sets of solicitors involved, and a copy shall also be sent to your prospective purchaser.
5.5 Once you have an accepted offer we will forward your details to our national team of solicitors. If you are using our recommended solicitors we will fully get involved in helping you with the sales progression for NO extra cost.
6. Your obligations as the Seller(s):
6.1 The Seller(s) hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement;
6.2 The Seller(s) hereby confirms and covenants that he/she/they are the beneficial owner(s) of the property; or have the authority from the beneficial owner to sell the property on the above terms.
6.3 Under the Money Laundering Regulations of 2003 we must carry out identity checks on both buyers and sellers of the properties that we market. Checks are completed using an electronic system and may require us to ask you for additional information such as your passport number or driving license number, which you must agree to provide on request.
6.4 The seller must provide an EPC or order an EPC for their property (and provide proof of their order if not done through us), if they order an EPC and the assessor turns up to carry out the EPC and the seller then advises us they already have an EPC then there will be no refund for their ordered EPC. If you require a commercial EPC for your property there will be an extra charge. Please ask us for a current price.
7. Property Misdescriptions Act 1991
7.1 Your property details will be verified before marketing of the property can commence. Our local agent will approve your details.
7.2 To ensure compliance with the Property Misdescriptions Act 1991 and to ensure that neither CastleSmart Ltd nor the seller becomes involved in any legal action, the Seller must inform CastleSmart Ltd immediately of any incorrect information within the sales particulars from the outset or at any point during the marketing or sale.
7.3 Any amendments that you make to your property listing will be fully vetted by CastleSmart Ltd and if we feel they are not valid they will be changed without notice.
7.4 CastleSmart Ltd reserve the right not to publish any information provided by the seller in order to comply with the Property Misdescriptions Act 1991. Also any other publication (our brochure for example); may be subject to change at anytime. Often when changes are made to the website especially prices may not be amended in the brochure.
7.5 The seller shall indemnify CastleSmart Ltd, its proprietors, directors, employees or agents against any claim made in respect of the Property or any Misdescriptions herein that arises wholly or partially out of the act or default of the seller.
8. For Sale Boards
8.1 If you select a board upgrade the board will be sent to you for you to erect at your property. CastleSmart Ltd cannot accept any responsibility for any damage or loss suffered as a result of the For Sale board. This board belongs to you and you can take the board with you and re use this board for your next sale if you so wish. In order to meet the requirements of The Town & County Planning Regulations, which permit the display of only one For Sale board, we request that whilst a CastleSmart Ltd For Sale board is displayed, no other boards are erected. The delivery of your For Sale board will be sent via a national courier service. We cannot accept responsibility for any For Sale board being lost or stolen once delivery has taken place. In most circumstances, CastleSmart Ltd cannot state a definite date and time for delivery of your For Sale board. In circumstances where there is no one to sign for the For Sale board, it will be left with a neighbour or left in a safe place at the property.
8.2 If your board relates to part of a building in multiple occupations, it should indicate the part of the building to which it relates.
9. Unoccupied property
9.1 CastleSmart Ltd cannot accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been agreed.
10. Energy Performance Certificate (EPCs)
10.1 An EPC must be commissioned prior to marketing your property. CastleSmart Ltd will market your home as soon as the EPC or proof of order is available in full. If we provide your EPC then this is non-refundable once the home visit and EPC has taken place. This includes commercial EPCs
11. Payment via Stripe – All credit card information is collected securely by Stripe
11.1 Refunds may only be given as the discretion of the management, where a refund is agreed it will take into account all the costs already incurred by CastleSmart Ltd with regard to your marketing and including allowing a cost for the time spent as well as any external costs incurred for floor plans EPCs and brochures, Our current admin cost to set up a new vendor account is £100.
12. Complaints: CastleSmart Ltd values each of our customers and will endeavour to assist all of our customers in the best possible way. If however you feel that we have fallen short of your expectations, we will do whatever we can to resolve your issues and promise to be transparent in all dealings with you during this process.
All complaints are to be made in writing and will be dealt with swiftly and professionally and in accordance to the guidelines set out by the property ombudsman.
Please note that if your formal complaint is in relation to one of our partner companies, their internal complaints team must deal with the complaint.
Your complaint will be subject to their specific complaint timescales, more details of which will be available directly from the partner company.
Right to Cancel
13. If your property has not been set live and not appeared on Rightmove or Zoopla you can cancel at any time within 14 days of contracting CastleSmart Ltd, but there will be a minimum cancellation fee of £90 +VAT to cover our set up costs. Any other costs that CastleSmart Ltd has incurred will also be charged for but these will not exceed the fee that you have paid. If we have to cancel the agent’s visit due to you not wishing to continue your marketing, the allocated cost for our agents visit will not be refunded. If you have purchased ‘discounted conveyancing’ this will not be refunded but you will still be able to use this against your next conveyancing fee.
13.1 Subject to clause 13, you may ask us to remove your details at any time from the site, but you will not be entitled to any refund.
Intellectual Property Rights
14. CastleSmart Ltd and/or its licensors own all rights in the intellectual property rights relating to the Services and the Website.
15. You are expressly prohibited from:
15.1 Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the service and the website including without limitation, any information, articles, photographs, images or submissions in ups made available to you using the services and the website; and
15.2 Removing, modifying, altering or using any registered or unregistered marks/logos/design owned by CastleSmart Ltd and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of CastleSmart Ltd or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to CastleSmart Ltd.
Your General Obligations
There are general obligations that you, the user, must abide by in connection with your use of the CastleSmart website. This is for the protection of all our users. CastleSmart Ltd has the right to enforce these guidelines, as it deems appropriate in its sole discretion. If you are identified as violating these terms at any point, CastleSmart Ltd may take any action it deems worthy without warning to protect its users. In such circumstance, there will be NO refund given. CastleSmart Ltd are NOT required to provide notice prior to terminate your right to use the CastleSmart website for violating these Terms, but it may choose to do so.
16.1 You agree that you are solely responsible and liable for all activities on the CastleSmart website, whether you are a Registered User or an Unregistered User.
16.2 You must promptly notify CastleSmart Ltd in the event there is a breach of security or any unauthorised use of the Login Details where you are a Registered User. CastleSmart Ltd may be contacted by email (Would we have someone to contact us)
16.3 You shall not submit to appear on the website, any information, Property Data (defined below) review, comment, images, link or other material whatsoever in all format that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
– promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
– harass or advocate harassment of another person;
– display pornographic or sexually explicit material;
– promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
– promote any illegal activities;
– provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
– promote or contain information that you know or believe to be inaccurate, false or misleading;
– engage in or promote commercial activities and/or sales, without the prior written consent of CastleSmart Ltd; or
– infringe any rights of any third party.
16.4 You acknowledge that making a user submission does not guarantee that such user submission, or any part thereof, shall appear on the CastleSmart website, but agree that CastleSmart Ltd may, at its sole discretion, choose to display any user submission or any part of a user submission that you make on the website and hereby grant to CastleSmart Ltd a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
16.5 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any user submissions that you make to the website.
16.6 You hereby grant to CastleSmart Ltd a non-exclusive, irrevocable licence to make the user submissions available to other registered and unregistered users of the website and to edit the user submissions in the event that CastleSmart Ltd deems it necessary or desirable to do so for any reason.
16.7 You hereby grant to CastleSmart Ltd a non-exclusive, irrevocable licence to make the user submissions available to other media and publications and to edit the user submissions in the event that CastleSmart Ltd deems it necessary or desirable to do so for any reason. This can also include other portal partners who may be listing your property on our behalf and may contact you regarding their services.
16.8 If you feel that any user submission made by other registered and unregistered users is objectionable, you are advised to contact CastleSmart using the contact details set out on the website. CastleSmart Ltd shall use its reasonable endeavours to review the relevant user submission as soon as is practicable and shall take such action as it deems necessary, if any.
16.9 You further agree that at all times, you shall:
– if you are a Registered User, not use your Login Details with the intent of impersonating another person;
– if you are a Registered User, not allow any other person to use your Login Details;
– not use the information presented on the website or derived from the services for any purposes other than those expressly set out in these Terms;
– not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the website or in respect of the network;
– not use the website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
– not use any information obtained using the website otherwise than in accordance with these Terms;
– comply with all instructions and policies from CastleSmart Ltd from time to time in respect of the website;
– co-operate with any reasonable security or other checks or requests for information made by CastleSmart Ltd from time to time; and
– use the information made available to you on the Website at your own risk.
16.10 In the event that CastleSmart Ltd, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 16, CastleSmart Ltd shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
16.11 Without prejudice to any of CastleSmart’s other rights and remedies, CastleSmart Ltd reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause 16.
By Using the CastleSmart’s website, you agree to waive any claims you may have against CastleSmart Ltd, and to hold CastleSmart Ltd harmless and indemnify CastleSmart Ltd with respect to any claims relating to any action taken by CastleSmart Ltd as part of its investigation of a possible violation of your agreement with us, as stated within these terms. This means that you can not sue CastleSmart Ltd or recover damages whatsoever from CastleSmart as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend your use of the website, terminate your access, or even to take any other action during the investigation process if CastleSmart believe that a strong violation of this agreement has taken place.
17. Referrals and introducer payments.
17.1 Referrals will have the right to opt-out of any future email campaigns upon receipt of their first email; or any subsequent ones. The data held will not be passed on to anyone other than in clause 16.7.
17.2 Referral Incentive: Any member of CastleSmart Ltd can refer another person to CastleSmart Ltd, this can be done verbally, via email, internal messaging or via any referral scheme or competition that CastleSmart run from time to time. If in the even of a referral purchasing a package from CastleSmart, the member who passed on the referral may be entitled to an introducer or referral incentive. This may be in the form of money, vouchers or property marketing add-ons. This will be at the discretion and choice of CastleSmart Ltd.
17.3 Redemption of referrals: Wherever possible CastleSmart Ltd will have an audit trail of where the referral came from. Upon successful audits a referral fee will be authorised. In the even of CastleSmart internal audit trail resulting in a dispute regarding the origination of the referral, proof may be required from the interested parties.
17.4 Upon authorised referrals, payments, vouchers, property add-ons will be dealt with within 14 days.
CastleSmart Ltd reg no. 09598170.