Introduction
Listed By Owners terms and conditions are here to help you, we are not estate agents we are a marketing agency to help you avoid estate agents fees. You understand we are a listing service and not estate agents. We provide a great opportunity for you to list and then market your property without paying estate agents fees.
These terms and conditions, together with the Listed by Owners privacy policy and the Listed by Owners cookie policy, set out the terms between you and Rye Bay Property Ltd trading as Listed By Owners (‘Listed By Owners, RBP, ‘we or ‘us) under which Listed by Owners will provide its services to you and you may make use of our website, https://ListedByOwners.co.uk (‘Our Site).
When instructing Listed By Owners as a portal to help you 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.
These terms and conditions can be saved or printed for you to keep. By ticking on the acceptance box online, or by clicking a confirm/continue button, or by authorising payment for the Services (as defined below) over the telephone or online, you agree to these terms and conditions.
Once you agree to terms and conditions to authorise payment for the Services over the telephone or online your order will be placed with Listed By Owners and you will receive an email confirming the details of the Services that are to be provided.
If you have any concerns or questions regarding these terms and conditions then please do not tick the acceptance box or click a confirm/continue button, authorise payment and instead, please contact Listed By Owners in writing via the contact email address admin@listedbyowners.co.uk
Information about Listed By Owners
Listed By Owners provides property marketing services to individuals and businesses to facilitate property sales in the United Kingdom (but excluding Scotland).
Our Site is owned and operated by Rye Bay Property Ltd. We are a company registered in England and Wales under company number 09621582 and our registered address is at 12 Montacute Road, Tunbridge Wells, England, TN2 5QR
Definitions
In these terms and conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:
‘Associates’
Means directors, employees, sub-contractors and agents of Listed By Owners;
‘Market’
means the Property is listed for sale on our Site and/or is listed on any Partner Sites by Listed By Owners.
‘Partner Sites’
means any partner where we list your property and does not imply partnership of any liability and any other website that Listed By Owners decides to partner with to promote the Property from time to time;
‘Property’
means the residential property in England or Wales that you have instructed and listed on Listed By Owners to advertise for sale;
‘Purchaser’
means the person(s) purchasing the Property;
‘Services’
means the Listing and marketing services provided by Listed By Owners and/or an associate, as set out in these terms and conditions;
‘Vendor’
means the owner of the Property or the person who is entitled to sell the Property;
‘Listed By Owners Portal’
means the interactive facility on our site where you can view details of the Property listings, and availability.
Terms of Use
This section sets out the rules and standards that you must follow when using Our Site and the Listed By Owners Portal. If you do not agree to these terms, you must not use Our Site or the Listed By Owners Portal.
If any future changes to these terms of use are necessary, an updated version of these terms and conditions will be posted on Our Site. You should check Our Site frequently for any changes. By continuing to use Our Site and the Services you agree to any such updated terms and conditions.
Our Site Content
We may update Our Site from time to time, and may change the content at any time. Please note that any of the content on Our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that Our Site, or any content on it, will be free from errors or omissions.
Registration Process
To register on Our Site you must be over eighteen years of age.
When you register we ask you to provide certain information about yourself and you agree to our verification process. This information must be true, accurate and kept up to date.
Should any of your registration details change, please visit https://listedbyowners.co.uk login and make the required changes.
Password and Security
On registration you will be required to supply a valid email to create and access your Listed By Owners account or we can create the account for you. You must keep your password secure and must not disclose it to, or share it with anyone.
You will be responsible for all activities when accessing Our Site and the Listed By Owners Portal using your password and you agree not to reveal your password or account information to anyone. You can reset it yourself if needed.
If you know or suspect that someone else has access to your password, you should login to your account and change your details. If this is not possible you should contact us on the email address admin@listedbyowners.co.uk. We reserve the right to change your password if we believe that it is no longer secure.
You further agree that Listed By Owners has exercised reasonable skill and due care in providing access to Our Site and Listed By Owners shall not be responsible for any losses arising out of the unauthorised use of your account.
If you forget your password please visit the http://ListedByOwners.co.uk/login-or-register/ section on the site where you will be able to reset your password once you satisfy the security process.
User Content
You shall not submit or upload any content or information or link any other material onto Our Site or the Listed By Owners Portal which will or in our reasonable opinion is likely to:
promote violence or physical harm;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be offensive, threatening, obscene, or hateful;
be defamatory or libellous of any person;
promote any illegal activities;
be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;
infringe any copyright, database right or trade mark of any other person or entity;
promote or contain information that You know or believe to be inaccurate, false or misleading; deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You warrant that when you make use of any feature of Our Site or the Listed By Owners portal that allows you to upload content to Our Site, or to make contact with other users of Our Site, you must comply with the content standards of this section.
You will be liable to Listed By Owners and indemnify us for any breach of that warranty, meaning that you will be responsible for any loss or damage Listed By Owners suffers as a result of your breach of warranty.
We have the right to remove any posting you make on Our Site if, in our opinion, your post does not comply with the content standards of this section.
If Listed By Owners, in its sole and absolute discretion, considers that you have breached any of the terms set out in this section, Listed By Owners reserves the right to take any action that it deems to be necessary, including, without limitation, the termination forthwith and without notice, of your use of and access to the Our Site and the Listed By Owners Portal; and in the case of illegal use, the instigation of legal proceedings, as appropriate.
Content licence
Any content which you post or upload to Our Site will be considered non-confidential and non-proprietary. You hereby grant to Listed By Owners a non-exclusive, royalty-free, irrevocable licence to store, reproduce and edit any such content as we deem necessary prior to making it available on Our Site and Partner Sites.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Site constitutes an infringement of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of Our Site.
If you are a Vendor and you feel that any marketing material promoting the Property is not accurate or is misleading, you must contact Listed By Owners immediately. Listed By Owners will review the relevant material as soon as is practicable and take such action as it deems necessary to amend the material. You acknowledge that material promoting the Property is subject to change at any time.
Accessing your personal information and content
You acknowledge and agree that Listed By Owners may, without liability to you, access, use, preserve and/or disclose your account information and any content uploaded on to Our Site to law enforcement authorities, government officials, and/or third parties, as Listed By Owners believes is reasonably necessary or appropriate, if legally required to do so or if Listed By Owners believes that such access, use, preservation or disclosure is reasonably necessary to comply with legal process, or protect Listed By Owners, its users or any third party, as permitted by law.
Disclaimer
You agree that your use of Our Site and the Listed By Owners Portal shall be at your sole risk and that Listed By Owners will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with regard to the use of, or inability to use, Our Site; or use of or reliance on any content displayed on Our Site.
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Our Site, the Listed By Owners Portal and/or any content on either, whether express or implied.
You agree not to use Our Site or the Listed By Owners Portal for any commercial or business purposes, and Listed By Owners will have no liability to you for any loss of profit, loss of business, loss of contracts, business interruption, or loss of business opportunity.
Listed By Owners will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or the Listed By Owners Portal or to your downloading of any content from it, or any website linked to it.
Listed By Owners assumes no responsibility for the content of Partner Sites or any websites linked on Our Site. Such links should not be interpreted as endorsement by us of those linked websites. Listed By Owners will not be liable for any loss or damage that may arise from your use of them.
Call Recording – Calls may be recorded for training and monitoring purposes
Listed By Owners Proprietary Rights
You acknowledge and agree that Listed By Owners and/or its licensors own all legal right title and interest in and to Our Site and the Listed By Owners Portal.
Terms of Service
This section sets out the terms upon which we agree to offer and provide you with the Services.
We may amend or revise these terms from time to time and an updated version of these terms and conditions will be posted on Our Site. You should check Our Site frequently for any changes. By continuing to use Our Site and the Services you agree to any such updated terms and conditions.
Prior to instructing Listed By Owners
After you register on Our Site, you may want us to provide additional services such as photography, floor plans, EPC, site visits. You are responsible for paying for these and may instruct us to act on your behalf.
Instructing Listed By Owners
It is for you to set the price of your property. Creating a listing and agreeing to the terms is a clear expression of having instructed us.
As a Vendor, when you instruct Listed By Owners, 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.
Our Services
Listed By Owners Services comprise a package of services to facilitate the marketing of your Property on Our Site and Partner Sites as well as social media which you consent to. We can for a fee also list you on additional national portals which is not included in the listing fee.
Full details of the Package and add-on services are detailed on Our Site. We will carry out the Services, and use our reasonable endeavours to ensure that our Property is presented with reasonable care and skill.
Third party websites such as Partner Sites are subject to change and we do not guarantee the continued presence of the Property on these websites.
Add-on services
Once you have instructed Listed By Owners and purchased the Package, you can select add-on services to assist you in marketing your Property. You can change these from time to time, or withdraw them, provided that the provision of the add-on service by Listed By Owners or any third party has not already commenced.
Add-on services will be available for additional fees and may be subject to additional terms and conditions.
Description of Property and Photos
As part of the listing package you will be creating the description, photographs, floor plans and information uploaded as part of the advertisement of your Property. You will have the opportunity to edit or suggest amendments to the description on on the Listed By Owners Portal.
You are responsible for ensuring that all descriptions, photographs, floor plans and any other information relating to the Property are accurate, current and in no way misleading.
Energy Performance Certificate (“EPC”)
It is a legal requirement for you to have commissioned an EPC before we can market your Property. You are responsible for ensuring that you have a valid and up to date EPC prior to the advertisement for your Property going live. You can purchase an EPC as an additional Listed By Owners Service. we can assist by making introductions to third parties where needed.
‘For Sale’ Boards
As part of the Package, Listed By Owners can arrange to erect one ‘For Sale board at your Property (unless your Property already has a ‘For Sale board of any other estate agency). The ‘For Sale board shall belong to Listed By Owners and we will arrange for the board to be collected once your Property has sold, when the Property is withdrawn from the market, or at the end of the agreed marketing period, whichever is the sooner.
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 your Property, and kept safe and secure for collection by Listed By Owners. The cost of a missing board is £25 should we be unable to reuse the board.
Messages
We are happy to receive emails at any time and will endeavour to reply within a few hours. Voice mails left on our system are emailed to us immediately and we may it the hour is reasonable or there is urgency reply to you at our earliest opportunity.
Viewings
If you are the Vendor and you have elected not to use the services of an associate to conduct viewings of your Property, it will be your sole responsibility to conduct the viewings and property and we assume no further responsibility in this respect. You should ensure that you record your availability with us if you are going to be away for extended periods.
If you are the Vendor and would like another party to conduct viewings of the Property, it is your responsibility to provide sets of keys to your preferred party for all lockable doors and cupboards within the Property and ensure that your preferred person has access to the Property at the date and time of any arranged viewings. You must ensure that the Property is in a safe condition and prepared for any and all viewings. You are responsible for the security of your property.
If it is suggested that the guide price of the Property is too high, we will contact you to discuss a review of the market appraisal. Listed By Owners reserves the right to withdraw our viewings service provided by local property professional, where at its sole discretion, it considers that it is unreasonable for the local property professional to continue to accompany viewings in consideration of the feedback received.
Conveyancer or Solicitor
As Vendor you are responsible to letting us know who the conveyancer or solicitor is that you will be using. We can provide what we consider to be an excellent service as part of the engagement details are available with our Revolutionary Conveyancing Services our service is a “no sale no fee” service please read the terms.
Purchasers Offers
Listed By Owners will provide you (via the Listed By Owners Portal or by phone) with written confirmation of all offers received from prospective Purchasers within moments of us receiving a notification of their receipt by Listed By Owners (unless you instruct us not to do this).
Once Listed By Owners receives confirmation that a sale of the Property has been agreed, under your instructions, we will forward your details to the conveyancer or solicitor who you have instructed so long as we have the details on file.
Fees and Payment
The fee for the Package is as advertised on Our Site and the fees for add-on services offered by Listed By Owners will be charged at the rates detailed on Our Site as as agreed in writing. Typically the fee is £300 or 1/2 a percent if you have engaged other services by written agreement.
The total amount which will be payable by you will be calculated depending on the add-on services (if any) you have selected. You must either pay for the Services in advance by providing us with your credit or debit card details and authorising payment for the Services, either online or over the telephone with one of our Listed By Owners Central Property Managers, or you can defer payment for the Services as set out below.
Marketing
Listed By Owners will advertise and market your Property on the Listed By Owners Portal and Partner Sites that we consider to be the most effective at securing interest in your Property from prospective Purchasers. We reserve the right to withdraw your advertisement and marketing of your Property from the Listed By Owners Portal and/or Partner Sites at our absolute discretion.
If you, as the Vendor, exchange contracts on your Property with the Purchaser during the Marketing Period you agree to notify Listed By Owners of such exchange of contracts. Upon receiving notification of the exchange of contracts on your Property Listed By Owners has the right to remove your Property from the Listed By Owners Portal, Our Site and all Partner Sites.
Description of Property
The Consumer Protection from Unfair Trading Regulations 2008, as amended by the Consumer Protection (Amendment) Regulations 2014 (CPUTR) require you to disclose any information you are aware of that relates to the Property in a clear, intelligible and timely manner. All information provided by you must also be accurate and not misleading.
If you are a Vendor, you acknowledge and agree that it is your responsibility to check your listing including the description and photographs and notify us of any incorrect or missing information prior to the Property being listed on the Market, or at any time you become aware of any such incorrect or missing information while the Property is listed on the Market.
If Listed By Owners is notified or made aware of information or material provided by you that infringes any third party intellectual property rights Listed By Owners has the right to de-list your Property from Our Site immediately and without notice to you, request the de-listing from Partner Sites and prevent your access to the Listed By Owners Portal.
If you are a Vendor we can arrange for a Local Property professional to visit the Property to check the accuracy of the information or material provided by you, and to write a professional description of the Property. You will have the opportunity to edit the description of the Property produced by the Local Property professional but any and all amendments will need to be approved by the Local Property Professional before the listing goes live on Our Site or any Partner Sites.
Coverage of Services
Listed By Owners covers all areas in England and Wales.
Any market appraisal provided by a Local Property Professional in respect of the Property is based on data obtained from various sources such as Partner Sites and the Land Registry, and takes into account national and regional trends in the market. However, ultimately, it will be your decision as to the guide price at which you wish to market and sell your Property and you will be free to amend this by notifying Listed By Owners, via the Listed By Owners Portal, at any time during the Marketing Period.
Accessing Our Site and Listed By Owners Portal
We will use reasonable efforts to ensure that Our Site and the Listed By Owners Portal will be available at all times. However, we cannot guarantee that Our Site, the Listed By Owners Portal or any content on it, will always be available or that access to it will be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of Our Site or the Listed By Owners Portal without notice. We will not be liable to you if for any reason Our Site and/or the Listed By Owners Portal is unavailable at any time or for any period.
Your Personal Information
Your privacy is very important and Listed By Owners is committed to protecting your privacy. All personal information given to Listed By Owners will be handled in accordance with the Data Protection Act 1998. For further information, please see our Privacy Policy
Intellectual Property Rights
Listed By Owners is the owner or licensee of all intellectual property rights relating to the Services, the Listed By Owners Portal and Our Site, and in the material published on it.
Listed By Owners Portal and Communication with Others
Messages
As a Vendor you are able to message your Local Property Professional from your Listed By Owners portal and reply to Purchaser(s) messages. As a Purchaser you are able to message a Vendor(s) and reply to Vendor(s) messages.
Offers
Listed By Owners will provide you (via the Listed By Owners Portal) with written confirmation of all offers received from prospective Purchasers within 24 hours of their receipt by Listed By Owners (unless you instruct us not to do this).
Once Listed By Owners receives confirmation that a sale of the Property has been agreed, under your instructions, we will forward your details to the conveyancer or solicitor who you have instructed.
If Listed By Owners fails to comply with these terms and conditions, Listed By Owners will reimburse you for any losses that you suffer that are a foreseeable consequence to both you and Listed By Owners at the time you accepted these terms and conditions. However, Listed By Owners liability to you shall not exceed the price you have paid for the Services. Listed By Owners liability shall not in any event include business losses such as loss of data, loss of profits, loss of contracts or business interruption.
Listed By Owners 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. In order to meet the requirements of The Town and County Planning (Control of Advertisements) (England) Regulations 2007 and The Town and Country Planning (Control of Advertisements) (Amendment) (Wales) which permit the display of only one ‘For Sale board, it is your responsibility that whilst a ‘Listed By Owners for sale board is displayed, no other boards are erected for the Property. You shall also be responsible for removing the ‘For Sale board from public display no later than 14 calendar days after the sale of your property has completed.
Listed By Owners does not accept any responsibility for any loss or damage caused by a prospective Purchaser visiting the Property.
Cancellation and Refunds
You can cancel our agreement at any time within 14 calendar days after the date on which you accepted these terms and conditions. If you have instructed us or your Local Property Expert to carry out any Services before the expiry of such cancellation period (which, for the avoidance of doubt, will include making your advert for your Property live on Our Site, the Listed By Owners Portal and/or any of the Partner Sites) you will be liable for the costs of such of the Services as have been provided up to the date of the cancellation.
Subject to how you have chosen to pay for the Services, Listed By Owners will either refund you an amount proportionate to the Services that are still unperformed (such reimbursement to be made by Listed By Owners within 14 calendar days after the date on which you cancel our agreement) or we will notify Retail Money Market Limited of the cancellation, which may result in a proportionate payment being collected from you.
Where a deferred payment has been made over the telephone with a Listed By Owners operator, Listed By Owners may charge you an amount proportionate to the Services that have been performed during the cancellation period. We will contact you with an invoice setting out the amount payable and the methods of payment available to you, and you will need to make full payment of the invoice within 14 calendar days of receipt of the invoice. You will not be able to cancel our agreement within such cancellation period if the Services have been fully or partially performed.
You may ask us to remove your details at any time from Our Site, but this will not mean that you are entitled to a refund. Except as set out above for cancellations during the cancellation period, refunds will only be given at the sole discretion of Listed By Owners. Where Listed By Owners agrees to give a refund, it will take into account all the costs already incurred by Listed By Owners with regard to the marketing of the Property, including set up costs as well as any external costs such as instructing independent contractors to prepare floor plans, EPCs, brochures etc.
Referrals and Introductions
Any person can introduce or make referrals to Listed By Owners, verbally or via email or any referral scheme. If a person introduced or referred purchases a Package from Listed By Owners then this could be subject to an incentive which could include, for example, vouchers or property marketing add-ons (at the sole discretion of Listed By Owners). Authorised referral incentives will be paid within 14 days from the date the Property is sold.
Any person referred or introduced to Listed By Owners will have the right to opt-out of email campaigns upon receipt of their first email (or subsequent emails).
Complaints
Any complaints about the Services must be made in writing and sent to Listed By Owners via email at admin@ListedByOwners.co.uk
Any such complaints will be dealt with swiftly and professionally and in accordance with Listed By Owners Complaints Procedure.
Applicable law
These terms and conditions are governed by English law, and you and Listed By Owners agree to submit to the exclusive jurisdiction of the English courts.