Introduction

Below is a summary of our key terms, which we would like to bring to your attention. However, this summary will not itself form part of the terms and conditions of the contract.

Summary of the key terms:

Ownership

As a Seller, when you instruct us, you confirm that you do so with the knowledge, consent and agreement of each and every one of the legal owners and occupiers and those who have an interest in the Marketing and/or sale of the Property.

Sole Agency

You instruct us to advertise your Property for sale on a ‘sole agency basis’ for a minimum term of 16 weeks, which shall continue until either you or we cancel the Agreement in accordance with the Cancellation policy. After the sole agency period has ended, you may ask us to continue to advertise the Property until a sale is agreed on an ongoing basis.

Fees and Payment

The Blue Street Fee is payable to us upon Completion of the sale of the Property to any Purchaser introduced by us, or, during the Sole Agency Period, introduced by any other agent.

You must let us know promptly if you agree to sell the Property.

You must give your conveyancer the authority to pay Blue Street on Completion.

The obligation to pay Blue Street Fee arises when you accept these terms and conditions and prior to the commencement of the Services, and this obligation shall survive termination of this Agreement if the Property is sold directly or indirectly as a result of the provision by us of the Services under this Agreement.

If the Property is being advertised by another estate agency, it is your responsibility to ensure that you have received express permission from both agents to act on a dual agency basis or that you have taken steps to cancel a prior agreement.  Failure to do so may mean that fees are due to us and/or the other agency.

Cancellation

You are able to cancel this Agreement within 14 calendar days of entering into the Agreement.

You can cancel our Agreement at any time after the Sole Agency Period of 16 weeks by providing us with 14 days’ notice contained in a clear statement by letter, post or email.  There is a cancellation fee of £199 payable on cancellation (to cover the costs we will have incurred in performing service).

If you break the terms of this Agreement and then we choose to terminate, you may have to pay us compensation of £199 (to cover the costs we will have incurred in performing services).

We may terminate the Agreement if you do not provide us with the information we need to provide services to you or for convenience.

Money Laundering

On request, you must provide us with all identity documents required of all owners of the property for compliance with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (“Money Laundering Regulations 2017”).

Terms and Conditions

These terms and conditions cover Blue Street customers in England, Wales and Scotland.

These terms and conditions, together with Blue Street privacy policy and any other terms provided to you by Blue Street Limited (‘Blue Street’, ‘we’ or ‘us’), set out the terms of the Agreement between you and us under which we will provide the Services to you and make available the use of its website, www.bluestreetgroup.co.uk (‘Our Site’).

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. If you have any concerns or questions regarding these terms and conditions, then please contact us by telephone at 07464631182 or by email at nichola@bluestreetgroup.co.uk

Terms of Service

This section sets out the terms upon which we agree to offer and provide you with the Services. 

Instructing Blue Street

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. 

Our acceptance of your instruction is subject to receiving satisfactory verification of the identity of the Sellers and details of the Property.

Our Services

We will provide the Services to Market the Property for sale and help facilitate the eventual sale of the Property.

We will carry out the Services with reasonable care and skill. We will use our reasonable endeavours to ensure that Blue Street carries out the Services, with reasonable care and skill.

Market Appraisal

Prior to accepting these terms and conditions Blue Street must have visited the Property and conducted a Market Appraisal.

Blue Street will have provided a guide price for marketing the Property for sale. The guide price is based on Blue Street’s experience, and regional trends in the property market, and data obtained from various sources including but not limited to Property Portals 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, at any time during the Marketing Period and we will update the Marketing Price within five days of receiving such notification.

You agree and acknowledge that the guide price provided by Blue Street during or following the Market Appraisal is not a valuation of the Property.

Property Advert

Blue Street will create a Property Advert for the Property and upload it to the property portals. You will have the opportunity to edit this prior to the property advert going public.  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).

Marketing

We will advertise the Property on 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.

Viewings

You can choose to take responsibility to conduct viewings for prospective Purchasers and we assume no responsibility in this respect or you can choose to have us conduct Accompanied Viewings as part of your Blue Street Services.

If you would like Blue Street to conduct viewings at the Property it is your responsibility to provide sets of keys to your Blue Street for all lockable doors and cupboards within the Property.

You must ensure that Blue Street 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.

Should you fail to provide access to the Property for viewing on multiple occasions, we reserve the right to cancel this Agreement in which case Cancellation fees may

Offers

We will provide you 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. 

Once a sale on the Property has been agreed 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.

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.

If an offer for the sale of the Property has been accepted 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.

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.

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.

Reviews

Blue Street will ask for feedback following viewings by prospective Purchasers, if these suggest the Marketing Price is too high to result in a sale or if the Property receives little interest from prospective Purchasers, Blue Street will contact you to review the Marketing Price of the Property.

‘For Sale’ Boards

You will have the option to include a For Sale board as part of your Blue Street Package 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.

You are only permitted by law to display one ‘For Sale’ board at the Property and therefore you agree that whilst Blue Street board is displayed, no other boards will be erected at the Property.

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, or following cancellation of the Agreement, 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 the Property, and kept safe and secure for collection by us or the provider.

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.

Energy Performance Certificate (‘EPC’)

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.

You can commission an EPC from one of our nominated partners at an additional cost, please speak to your Blue Street representative for further details.

Third Party Services

We may introduce you and prospective Purchasers to our selected partners who offer additional services such as insurance, mortgages, surveys and conveyancing and from whom we may receive commission. You acknowledge and agree that any relationship between you and a third-party supplier is by separate agreement and Blue Street shall have no liability to you for the additional services provided by such third parties.

No Sale, No Fee

Sole Agency Period

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 the (“Sole Agency Period”).

You will be liable to pay the Igloo Streets Fee, in addition to any other costs or charges agreed, 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.
    
    

The Blue Street Fee and Payment

The Blue Street fee for the package you have chosen appears at the top of your agreement a copy of which will be sent to you following the acceptance of these Terms.

The Blue Street Fee is a fixed fee that will not vary whatever sale price is agreed with the Purchaser at Completion.

You should refer to the terms of your agreement for further details of when your Blue Street Fee is payable.

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: 

a. you agree to the sale of the Property with any Purchaser;

b. unconditional contracts for the sale of the Property are exchanged; and

c. upon Completion of the sale of the Property. 

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.

We will raise an invoice for the Blue Street Fee and this shall be payable at commencement of the agreement or completion of the sale of the Property depending on your package. You hereby agree to pay the Blue Street Fee immediately.  Any failure to pay the Blue Streets Fee will result in interest being charged and payable at an annualised rate equal to the Barclays Bank Base rate plus 4%. If Blue Street Fee remains unpaid for a period of 60 days or longer, Blue Street reserves the right to instruct any third part(y)/(ies) to take steps to collect the overdue debt.

You give us authority to submit our invoice 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 Igloo Street Fee to us immediately upon Completion.

If the Property is part exchanged with other premises, the Blue Street Fee will be payable in full on the day that Completion takes place.

If the Seller of the Property is more than one person, all such persons will be liable for payment of the Blue Street 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.

Any payment obligation(s) that arise before termination of this Agreement (including, without limitation, the obligation to pay the Blue Street Fee in respect of introductions arising in the sole agency period shall survive termination of the Agreement.

If you have cancelled the contract and instruct another estate agent to sell the Property, you shall remain liable to pay the Blue Street 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.

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. 

Duration and Cancellation

Your right to cancel

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.

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. This will be subject to a administration fee of £199 payable on cancellation (to cover the costs we will have incurred in performing service).

Blue Streets right to cancel

We may terminate this Agreement at any time by providing you with 7 days’ notice.

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). 

Limitation of Liability and Indemnity

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. 

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 and if you have not paid for the Services, our liability shall not exceed £699. Our liability shall not in any event include business losses such as loss of data, loss of profits, loss of contracts or business interruption.

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.

We do not accept any responsibility for any loss or damage caused by a prospective Purchaser visiting the Property.

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.

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. 

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.

General

Description of the Property

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.

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.

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.

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.

Your Obligations

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. will co-operate with any reasonable security checks or requests for information made by us from time to time;

e. 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 Igloo Street Fee in full;

f. 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.

Information Provisions

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.

Application of these Terms

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.

Complaints

Any complaints about the Services must be made in writing and sent to us in writing to Blue Street Group , The Old Brewery, Castle Eden, Peterlee, Durham.  Any such complaints will be dealt with swiftly and professionally.

Applicable law

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.

Definitions

In these terms and conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:

‘Acceptance Date’

means the date on which you accepted these terms and conditions;

‘Associates’

means directors, employees, sub-contractors and agents of Blue Street

‘Completion’

means the date on which the legal transaction of the sale of the Property is complete;

‘Market’ or ‘Marketing’

means the Property is listed for sale on Our Site and/or is listed on any Property Portals by Blue Street;

‘Market Appraisal’

means the market appraisal service provided by Blue Street attending the Property and recommending a guide price for the sale of the Property;

‘Marketing Period’

means the period of 12 months from the date that Blue Street commences the marketing of the Property on  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 Blue Street  on Property Portals. The Marketing Period may be extended in Blue Streets sole discretion;

‘Marketing Price’

means the asking price for the Property to be agreed between the Seller and Blue Street;

‘Memorandum of Sale’

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;

‘Minimum Term’

means the initial sixteen week period following the Agreement Date during which Blue Street shall market the property on a sole agency basis;

‘Property Portals’

means Rightmove, On the Market, Zoopla and any other website that Blue Street decides to partner with to promote the Property from time to time;

‘Property’

means the residential property in the United Kingdom (Excluding Northern Ireland) that you have asked a Blue Street Agent to appraise or have instructed Blue Street to advertise for sale;

‘Property Advert’

means a written description, the photographs the Property taken by an Blue Street Agent which are used to Market the property;

‘Purchaser’

means the person(s) purchasing the Property;

‘Qualified’ or ‘Qualification’

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;

‘Seller’

means the owner(s) of the Property or the person(s) who is entitled to sell the Property;

‘Services’

means the estate agency services provided by Blue Street, which will include as a minimum: the creation of a Property Advert, Marketing of your Property on Our Site and selected property portals, negotiation of any offers, and assistance in progression of the sale of the Property through to Completion;