Terms and Conditions
Pursuant to the Estate Agents Act 1979 it is a requirement that you understand and accept our terms and conditions when instructing Tepilo 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 Tepilo Ltd
The Website is owned and managed by Tepilo LTD, a company registered in England and Wales with the company registration number 06853802 and having its registered address at 32 Cowper Street, London EC2A 4AW.
Terms of this agreement:
- 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 buying your property
“Seller” The owner of the property or the person given the benefit to or who is entitled to sell the property
“You” The owner of the property or the person given the benefit to or who is entitled to sell the property
“Exchange date” The date of which contracts of the sale of the property are legally exchanged and are legally binding
“Completion Date” The date agreed by both buyer and seller that is the completion of the sale/purchase
“Commission” The amount payable to iThink Property in respect of our fees due from the introduction of a buyer who legally completed on the purchase of your property
“Tepilo or We” Means Tepilo Ltd a company registered in England, company registration number, 06853802
“On the market” This means that your property is being listed on the Tepilo website and/or our partner sites.
Fee / Commission / Terms
- Upfront Fees are paid to Tepilo. All fees are to be paid in in accordance with the option you have ordered. The fees are either to pay an upfront fee of £195 with no further fees upon completion (apart from add-ons that you choose to purchase), which covers verification of your property and our estate agent services, but does not include advertising on 3rd party sites, £595 upfront with no further fees upon completion (apart from any add-ons that you choose to purchase) or a £195 upfront admin fee and then £895 upon completion (apart from any add-ons that you chooses to purchase). By choosing any of the options, Tepilo will be instructed by you upon a multi agency basis for a maximum term of 6 months. After your 6 months marketing period expires (or when your property is sold / exchanged) your property will be taken off all portals. The 6 months marketing period starts on the day Tepilo receives your order and/or payment. If you wish to extend your marketing period you can do so by purchasing extra months. All costs quoted on the site will be subject to VAT.
2.1 Lettings: Your tenant find letting fee of £150 +vat will allow your listing to show on our portal network. Once we have found our landlord a tenant that landlord must let us or our national lettings management company reference the tenant(s) and produce their tenancy agreement. Also provided is the safe transaction of the tenants deposit into the government deposit scheme. At no point will Tepilo 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 cost (apart from the initial tenant find) will be the responsibility of the new tenants. These cost are £150 + vat for each tenant that is over 18 years of age and includes all administration charges. 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. For full lettings management including rent collection there is a fee of £60 month.
2.2 All add ons as listed on the Tepilo 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 they bought are reduced at a later stage.
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 within your other agents terms of contract then we can stop your listing with us within 24 hours, but you will not receive any refund (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 paid is for listing one property per fee.
3.Your listing is with Tepilo 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 Tepilo guarantees that your property is listed on the Tepilo website which is www.tepilo.com (I.T. problems not allowed for). Third party website portals are subject to change, they may or may not be controlled by Tepilo 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 Tepilo 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 Tepilo to upload all our property details on to our property portal networks at all times. 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 You automatically receive 6 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 6 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 £25+vat per month. 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 Tepilo will automatically come to an end and your property de-listed.
3.3 Your initial listing with Tepilo has a 6 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 and description we require these to be accurate when they are sent to us, we will send a local agent to visit you to check these. Additions or amends 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 £50 plus VAT.
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.
3.6 Our network of agents cover most 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 your choice.
4.Rightmove Premium Listing and Rightmove featured properties.
4.1 If you have or intend to order 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 and Offers received for your property
5.1 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, the conformation email to both the vendor and the applicant will list the property address, the time of the viewing, both parties and their respective contact details.
5.1 Tepilo 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
5.3 Once a sale has been agreed, Tepilo will prepare and send out a Memorandum of Sale by email or to you (or on your online account) and to both sets of solicitors involved and a copy shall also be sent to your prospective purchaser.
5.4 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.
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 Tepilo nor the seller becomes involved in any legal action, the Seller must inform Tepilo immediately of any incorrect information within the sales particulars from the outset or at any point during the marketing or sale.
7.3 Tepilo 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
7.4 The seller shall indemnify Tepilo, 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. Tepilo 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 Tepilo For Sale board is displayed, no other boards are erected.
8.2 If your board relates to part of a building in multiple occupation, it should indicate the part of the building to which it relates.
9.1 Tepilo 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. Tepilo 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.
11.Payment via SagePay
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 Tepilo 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.
12.Complaints. 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.
Right to Cancel
13.You can cancel at any time within 7 days of contracting Tepilo, but there will be a minimum cancellation fee of £75 plus VAT to cover our set up costs. Any other costs that Tepilo has incurred will also be charged for but these will not exceed the fee that you have paid.
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.Tepilo 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 Tepilo and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Tepilo or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Tepilo.
Your General Obligations
16.1 You agree that you are solely responsible and liable for all activities on the Website, whether you are a Registered User or an Unregistered User.
16.2 You must promptly notify Tepilo in the event there is a breach of security or any unauthorised use of the Login Details where you are a Registered User. Tepilo may be contacted by email at firstname.lastname@example.org
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:
16.3.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
16.3.2 harass or advocate harassment of another person;
16.3.3 display pornographic or sexually explicit material;
16.3.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
16.3.5 promote any illegal activities;
16.3.6 provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
16.3.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
16.3.8 engage in or promote commercial activities and/or sales, without the prior written consent of Tepilo; or
16.3.9 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 Website, but agree that Tepilo 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 Tepilo 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 Tepilo 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 Tepilo deems it necessary or desirable to do so for any reason.
16.7 You hereby grant to Tepilo 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 Tepilo deems it necessary or desirable to do so for any reason.
16.8 If you feel that any User Submission made by other Registered and Unregistered Users is objectionable, you are advised to contact Tepilo using the contact details set out on the Website. Tepilo 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:
16.9.1 if you are a Registered User, not use your Login Details with the intent of impersonating another person;
16.9.2 if you are a Registered User, not allow any other person to use your Login Details;
16.9.3 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;
16.9.4 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;
16.9.5 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;
16.9.6 not use any information obtained using the Website otherwise than in accordance with these Terms;
16.9.7 comply with all instructions and policies from Tepilo from time to time in respect of the Website;
16.9.8 co-operate with any reasonable security or other checks or requests for information made by Tepilo from time to time; and
16.9.9 use the information made available to you on the Website at your own risk.
16.10 In the event that Tepilo, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 16, Tepilo 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 Tepilo's other rights and remedies, Tepilo 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.
Peter Joseph Position, CEO Tepilo Ltd reg no. 06853802 For Tepilo Ltd