Terms & conditions
Griffin Residential Ltd
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 Griffin Residential 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 Griffin Residential Ltd
The Website is owned and managed by Griffin Residential Ltd a company registered in England and Wales with the company registration numberand having its registered address at Kingsridge House, 601 London Road, Westcliff On Sea, Essex, SS0 9PE
Terms of this agreement:
Definitions within this agreement the following words or 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 on 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 Griffin Residential Ltd in respect of fees due.
“Griffin or We” Means Griffin Residential Ltd a company registered in England, company registration number,
“On the market” This means that your property is being listed on the Griffin website and/or our partner sites.
Fee / Commission / Terms
Upfront Fees of £295 are paid to Griffin with no further fees upon Completion (apart from any add-ons which you choose to purchase). The service covers estate agency and marketing services for a period of twelve months.
After your twelve months marketing period expires (or when your property is sold / exchanged) your property will be withdrawn from all portals. The twelve months marketing period starts on the day Griffin advertises your property on Rightmove. If you wish to extend your marketing period you can do so by purchasing twelve extra months, the cost of this is £295.
A local assessor will be instructed to visit your property for verification purposes to obtain both proof of address and ID. A valuation may also take place, however unlike the property verification, this is not a compulsory requirement.
All add ons as listed on the Griffin 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.
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.
Your fee paid is for listing one property per fee.
Your listing is with Griffin 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 requires 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.
Griffin guarantees that your property is listed on the Griffin website which is https://www.griffin-residential.co.uk (Subject to any unforeseen IT problems). Third party website portals are subject to change, they may or may not be controlled by Griffin 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 Griffin 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 Griffin 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 listings are dependent on the timings and length of times the listings will run as set out in 3.2 below.
Your listing will automatically receive twelve months of marketing during which time we will list your property on our website and all partner websites. If your property has not sold within that twelve 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 £295 for a further 12 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 Griffin will automatically come to an end and your property will be withdrawn.
Your initial listing with Griffin has a twelve 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 withdraw your property.
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. Excessive additions or amends may be subject to a monetary charge.
If you have paid for 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. Griffin reserve 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. Griffin 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 charge for these extra properties. The same will apply for any additional floor-plans.
Our network of agents cover most of England, Scotland, Wales and Northern Ireland. There are also areas of Wales (West and Central) where coverage is minimal and although we can still cover these areas there will be an additional fee of £50.00 for our agents to visit. Failure to attend a booked appointment with one of our local property verifiers, will incur further fees.
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 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.
Rightmove Premium Listing and Rightmove featured properties.
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 twelve months but only on a continued marketing basis. For example if you choose to withdraw your property after two months of activation then your Rightmove Premium Listing will instantly come to an end. Premium Listings are sometimes activated a number of days after your listing. If for any reason you choose to withdraw your property and then 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 Listings option and not something we have control over.
Featured properties. If you order a featured property please allow up to 7 days for your featured property to appear.
Viewings/Messages and Offers received for your property
Applicants will be guided towards messaging our vendors directly. Their information will not be passed on apart from their Griffin Username without their express prior permission.
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 confirmation 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 (name and phone numbers). If after confirmation has been sent to both parties, Griffin have no responsibility if either party (applicant or vendor) do not show up for a viewing. Viewings are carried out by the Vendor, Griffin can arrange for an agent to attend viewings at an extra cost, these are chargeable to the Vendor.
Griffin 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 two days.
Once a sale has been agreed, Griffin 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.
Your obligations as the Seller(s).:
The Seller(s) hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement;
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.
Under the Money Laundering Regulations of 2003 we must carry out identity checks on both buyers and sellers of the properties that we market. Pursuant to these Regulations, it will be necessary for you to provide photo ID by way of uploading documtents or emailing a scanned passport of driving licence together with proof of address such as a recent utility bill.
The seller must provide an Energy Performance Certificate or order an Energy Performance Certificate for their property (and provide proof of their order if not done through us), if they order an Energy Performance Certificate and the assessor turns up to carry out the Energy Performance Certificate and the seller then advises us they already have an Energy Performance Certificate then there will be no refund for their ordered Energy Performance Certificate.
Property Misdescriptions Act 1991
To ensure compliance with the Property Misdescriptions Act 1991 and to ensure that neither Griffin nor the seller becomes involved in any legal action, the Seller must inform Griffin immediately of any incorrect information within the sales particulars from the outset or at any point during the marketing or sale.
Any amendments that you make to your property listing will be fully vetted by Griffin and if we feel they are not valid they will be changed without notice.
Griffin reserve the right not to publish any information provided by the seller in order to comply with the Property Misdescriptions Act 1991.
The seller shall indemnify Griffin, 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.
For Sale Boards
Once you have ordered a For Sale board through Griffin, a For Sale board will be delivered and erected usually within 5 to 7 days of the order being recieved. Griffin 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 Griffin For Sale board is displayed, no other boards are erected. We cannot accept responsibility for any For Sale board being lost or stolen once delivery has taken place. In most circumstances Griffin cannot state a definite date and time for delivery of your For Sale board.
If your board relates to part of a building in multiple occupation, it should indicate the part of the building to which it relates. I.e., Ground Floor Flat. It is the responsibilty of the Seller to ensure the property is not subject to any restriction before having the board erected. If your property is subject to restrictions and the board cannot be erected for any reason, please note there is no refund policy and you own the board.
Griffin cannot accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been agreed.
Payment via Stripe - All credit card information is collected securely by Stripe.
Refunds may only be given at the discretion of the management, where a refund is agreed it will take into account all the costs already incurred by Griffin with regard to your marketing and including allowing a cost for the time spent as well as any external costs incurred for floor plans, Energy Performance Certificates and brochures, Our current admin cost to set up a new vendor account is £75.
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
You can cancel at any time within 7 days of contracting with Griffin but there will be an adminstation charge of £75 to cover our set up costs. Any other costs that Griffin has incurred will also be charged for but these will not exceed the fee that you have paid. If we have to cancel the agents visit due to you not wishing to continue your marketing, the allocated cost for our agents visit will not be refunded.
Subject to clause 12, 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
Griffin and/or its licensors own all rights in the intellectual property rights relating to the Services and the Website.
You are expressly prohibited from:
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
Removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Griffin and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Griffin or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Griffin.
Your General Obligations
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.
You must promptly notify Griffin in the event there is a breach of security or any unauthorised use of the Login Details where you are a Registered User. Griffin may be contacted by email at [email protected]
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 Griffin
Infringe any rights of any third party.
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 Griffin 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 Griffin a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
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.
You hereby grant to Griffin 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 Griffin deems it necessary or desirable to do so for any reason.
You hereby grant to Griffin 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 Griffin 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.
If you feel that any User Submission made by other Registered and Unregistered Users is objectionable, you are advised to contact Griffin using the contact details set out on the Website. Griffin 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.
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;
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 Griffin from time to time in respect of the Website;
Co-operate with any reasonable security or other checks or requests for information made by Griffin from time to time; and
Use the information made available to you on the Website at your own risk.
In the event that Griffin, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 15, Griffin 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.
Without prejudice to any of Griffin's other rights and remedies, Griffin 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 15.