‘We’, ‘Us’, ‘Our’ ‘Company’ means LPROPS Ltd trading as LPROPS and lprops.com
“Seller” means the beneficial owner(s) of the property or person(s) with authority of the beneficial owner(s) of the Property to sell the Property whose name is listed as such and any reference to ‘you’ or ‘your’ or ‘client’ is to the Seller.
‘Advertisement’ or ‘Advert’ means how your property is to be displayed in advertising and marketing which may include photographs, descriptions, key features and floor plans.
‘Advertisement Period’ means 12 calendar months or until property is sold (exchange of contract).
‘Completion’ means the formal legal completion of the sale of your property.
“Completion Date” meaning the date of the completion of the sale of the Property between the Seller and the Purchaser;
‘Content’ means all the content, documents, information and matters on or in your Account or contained within the systems
‘Account’ means your Account that we operate, and you control using LPROPS Hub; this includes methods by which you instruct us and manage the process of sale, purchase, appointments, viewing, offers and other related interactive activities.
‘Account Manager’ is a person is either a Local LPROPS agent or a designated point of contact of LPROPS, who helps you manage your Account with us.
“Exchange Date” means the date at which contracts for the sale of the Property between the Seller and the Purchaser are formally exchanged;
“Home Visit” means the visit to the Property made by your local LPROPS representative.
‘Instructions’ means confirming your purchase of our Services or Service Package having paid the Advertised Rates.
‘Interruption’ means any form of interruption to the ability of LPROS to provide or operate the Systems or Products and Services.
“Local LPROPS Agent” means the person(s) who is either an employee or is licensed by LPROPS to conduct Photography, make Floor-plan(s), Onsite Property Valuation, Accompanied Viewings (where applicable) and other related services in respect of the Property;
‘LPROPS Hub’ means the systems of interaction between seller and the company where the seller can get details of its Property listings, diary appointments and availability and offer letters through a dedicated account. Currently the Hub is facilitated using Chats, Emails and Phones.
‘LPROPS Valuation’ means the price that your appointed Local Property Expert or account manager advised you to market your property for as documented in your Valuation Report. This could be an “Onsite Valuation” or “Desktop Valuation”
Multiple Agency After the Sole Agency Period has ended, you may ask us to continue to advertise the Property but on a ‘multiple-agency’ basis (subject to our sole discretion).
‘Merchant Provider’ means the provider of the facility to safely and securely store personal information and any credit or debit card details taken from you.
“Market” means the Property is listed for sale on Our Site and/or is listed on any partner/associate Sites by lprops.com;
‘On the Market’ means advertised on www.rightmove.co.uk, www.zoopla.co.uk and on lprops.com.
‘Purchaser’ means the person(s) purchasing the Property;
‘Property’ Means the residential property in the United Kingdom (Excluding Northern Ireland) that you have asked a Local LPROPS Agent to appraise or have instructed us to advertise for sale;
‘Product Service Fee’ means the fees payable by you for the Products and Services.
‘Products and Services’ means all and each of the products and/or services, including marketing and estate agency services offered from time to time by LPROPS published in the website.
“Bronze Package” means the package of Services provided by LPROPS, this includes marketing of the property using one or more marketing channels such as property portals, SEOs, Social Media, Local Media and other mediums as would be deemed necessary by the company. This standard price for this package is £89 including VAT.
“Silver Package” means the package of Services provided by LPROPS and includes Marketing + Photograph + Floor Plan of the property. This standard price for this package is £349 including VAT.
“Gold Package” means the package of Services provided by LPROPS and includes everything in Silver package + Accompanies viewing. This standard price for this package is £449 including VAT
“Standard Package” means one of three packages Viz “Bronze Package”, “Silver Package” or “Gold Package”. All standard packages include help in sales negotiations and agent valuation of the property. Standard packages are offered as services package and are required to be paid in advance.
“Special Package” are all packages that are not one of the three Standard Package.
“Success Only Package” means one of the “special packages” offered on payment terms of “No Win No Fee”.
“Gold Package – No Win No Fee” is one of the “Special Package” offered on “No Win No Fee Basis”. LPROPS will customise service composition for each property in this package for each property.
“Individual Product or Service” means an add-on product or service that can be added to “Standard Package” or for which a separate charge becomes due and payable such as when a Seller is responsible for damages to a ‘For Sale Board’. The list of such Products and Services are listed at our website together with rates for these products and services e.g. “For Sale Board”, “Photography”, Floor Plans”
‘Pay Now’ means amounts that is paid when you Instruct LPROPS; this is a minimum of £89. For standard package, it is the price of the package.
“Pay Later” means, where LPROPS has agreed to accept payments in stages as would be confirmed in writing by LPROPS.
‘Refund’ means LPROPS refunding to the Customer the Products & Services Fee in accordance with these terms and conditions after deducting applicable charges.
‘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 terms.
“Sale Price” means the final agreed selling price of the Property;
“Success Fee” means the amount payable upon and only on the sale of the property;
‘Systems’ means the systems that we use and / or provide you access to use, manage the selling process of the property including but not limited to website, software, platforms, storage systems and processes.
“LPROPS Valuation” means the valuation of the property using our advanced analytical tools and after visit to the property by local LPROPS agent, taking into consideration condition of the property and unique features as observed by the agent.
“No Win No Fee” means fee is only payable when there is successful sale of the property (terms and conditions apply, not available for any of the standard packages).
‘Website’ means lprops.com, including all systems, software, storage media, applications and processes that forms part the hosted environment.
As a Seller, when you instruct us, you confirm that you do so with the knowledge, consent and agreement of each and all the legal owners and occupiers and those who have a material interest in the marketing and/or sale of the Property. You confirm that you have all relevant authorities and authorisations as are necessary or required.
Our acceptance of your instructions is subject to successful compliance checks in accordance with Money Laundering Regulations 2007 and the Proceeds of Crime Act 2002. We will verify your identity before we can proceed with any work on your behalf.
You will be required to supply to us a copy of your photo identity such as passport/driving license and a proof of address which could be past 3 months utility bills or bank statements or a driving license. If you do not have these specific documents, please contact our customer services team or your local agent to confirm whether you can provide necessary documents that can satisfy requirements of compliance.
In some case we may ask you for additional documents for checks.
We reserve the right to not accept your instructions, if in our opinion, the documentation requirements do not satisfy our requirements to be compliant with the regulations.
5 Product & Services
Our Estate Agency Sales Services are offered as Package of Products and services.
We have following Standard Packages.
‘Bronze Pack’ the fee for which is £89. This is a package of Services provided by LPROPS and includes marketing services for the property; the marketing may include one or more marketing channels such as property portals, SEOs, Social Media, Local Media and other mediums as would be deemed necessary by the company. This standard price for this package is £89 including VAT.
‘Silver Package’ is for £349. In this package we include everything in Bronze plus services of Photography and floor plans.
‘Gold Package’ is for £449. This package includes everything that is in Silver package plus it includes accompanied viewings, and documents pack that includes template documents for sales and offer acceptance.
In addition, we have following Special Packages
“Gold Package – No Win No Fee” is selling service package, customised for each property as would be deemed appropriate by the LPROPS Agents. This Package is offered on Sole Agency Basis. The minimum sole agency period for “Gold Package – No Win No Fee” is 12 weeks from date of acceptance of instructions. After this initial period of 12 weeks, the terms of this agreement will continue to operate until it is terminated by either party by giving 1 weeks’ notice to the other party. Service Fee for this package is £749
Please note the seller will be liable to pay full fee to LPROPS, even if the property is sold to a buyer whose enquiry is generated or if the property is sold, by other agent or to seller’s direct contact, during this period
If the seller desires to avoid double fee, the vendor must inform us about instructing us “Gold Package – No Win No Fee”. Please note our Selling Package on Multiple Agency instructions is 1% of the Sold price of the property.
If you have ordered any of the standard packages, viz, Bronze, Silver and Gold, but would instead want to switch to “No Win No Fee” Package, you may do so, within 14 days or your instructions. An Admin Fee of £49 will be applied to switch a Standard Package to “No Win No Fee” Packages.
All packages include help in sales negotiations, agent valuation of the property, and systems to manage enquiries.
All our service packages include following customer promise
We impart our industry leading training to all our workforce to ensure, due care and skills are used in provision of products and services. We select Local LPROPS Agent very carefully that ensures the agents have skills and competence to deliver estate agency services with due care, skills and courtesy. It is target for our client facing workforce and Local LPROPS Agents to provide delightful experience to our clients.
LPROPS enhances the provision of the Services to you by using a customer care center and systems to support you with any queries relating to the Marketing and Sale of the Property.
Our fees and expenses become payable upon your instructions.
In event of special promotions, we may allow paying our fee upon exchange of the contract
In all except ‘Platinum Pack’ our fees are (for all our packages) required to be paid in in full regardless of whether property is sold or not.
In case of ‘Platinum Pack’ or where we agree for payment to be made on exchange, this will be subject to vendor providing us with an irrevocable instructions to their solicitor to pay us on the exchange date out of the exchange money (or as we may otherwise subsequently agree in writing) and to notify us immediately if your solicitor becomes aware that he is unlikely to be able to do this for whatever reason.
In such circumstances, the concessions will of course end, and other arrangements must be discussed with us immediately.
All our package fees are inclusive of VAT.
Our charges and expenses maybe subject to Value Added Tax regardless of the client’s domicile. (currently 20%)
Overdue Invoices: In the event where payments to us become due and is not paid within 14 days whether formally demanded or not, the late fee will be applicable.
If the payments that has become due and not paid for more than 45 days, we may have to use a solicitors/debt recovery to recover outstanding payment from you. You will liable to pay the additional sum to cover the cost involved.
If a payment is due either in part or in full and remains unpaid for 4 weeks from the date it becomes due as noted in Invoice as “Payment Due Date”, then the same shall carry interest from the date of the invoice on a daily basis at the rate of 4 % above the base rate of Barclays Bank Plc from time to time.
Should you wish to cancel or withdraw any of the Packages or Products and Services that you have instructed/ ordered, you may do so at any time. However, under no circumstances will any, either full or part, credit be made or become due, in respect of fees that has been is payable or has become payable. You can send an email to firstname.lastname@example.org, giving details of the property, about yourself, mentioning that you wish to Cancel our Products and Services. In certain circumstances you may be able to re-list the property within a designated period after withdrawal.
In the event that you cancel your advert or any Products and Services and have chosen to Pay Later we will notify any third party who is collecting payment on our behalf to enable them to collect payment of the Product Service Fee from you or, where we have chosen to transfer or assign our rights to receive payment of the Product Service Fee from you to a third party, we will notify them so they can collect payment from you.
You may be entitled to a 14-day cooling off period from the moment you instruct LPROPS, up until the time we approve your advert to go live.
After your property has been advertised, it will be deemed that we have commenced provision of services; and you may no longer be entitled to a refund and / or credit of the Products and Services Fee Or you may only be eligible for refund and / or credit of part of the fees.
When you are eligible for part refund/ credit, the amount that you may receive as of refund and / or as credit will be made using rules as explained below:
If you are Bronze package customer, and your property is already listed on Rightmove, Zoopla and other property portals then you will not get any refund. (It is important to note minimum charges are £89 regardless property get sold or not)
When you are on Silver package, and your property is already listed on Rightmove, Zoopla and other property portals but before the Photographer appointment has been taken, we will refund and or credit all fees that is received or is payable less £89. If, however, cancellation is made after photographer appointment has been made Services worth £349 would have been deemed to be have been provided and you will not receive any refund and or credit. The formula for refund and or credit within 14 days cooling off period is as mentioned below
Value of the Package minus Value of Products and Services already provider. In case of dispute on value of products and services provided, the companies decision will be final and binding on both parties.
If you want to cancel outside of the 14-day cancellation period all fees owing to us will become due and payable (For Avoidance of doubt, in all cases, we charge a minimum fee of £89, whether your property is sold or not).
If you are on “No Win No Fee” Contract and want to cancel after 14 days and before the “marketing period”, in some cases, you might be liable to pay more than £449; you should contact your agent and obtain the cancellation amount.
Please note, if the services are delivered, but payment arrangements were based on “Pay Later”, you will be liable to pay to the company using the same formula but will be settled as per terms of ‘Pay Later’
To exercise the right to cancel, you must inform us by sending us an email at email@example.com or by post to LPROPS LTD, 105 Holmwood Road Cheam, Sutton SM2 7JS, the seller must receive an acknowledgement from LPROPS for the cancellation process to start at our end.
If you cancel or withdraw any Package or Products and Services, outside of 14 day cooling off period there will be no refund or credit of fees, either in full or in part will be made.
If you have cancelled within 14 days of cooling off period, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Agreement and the company and you have agreed to the amount that is due for refund and or credit.
The seller must have commissioned an Energy Performance Certificate by the time a property is put on the market. LPROPS can commission an EPC on behalf of Seller cost which is £79 plus VAT or listed in pricing list.
You authorize LPROPS to promote, advertise details of the Property including, the address of the property, price information, photographs and floor plans on our website, our associates or partners websites, and print media to achieve a sale of the Property.
We guarantee that the Property will be listed on the lprops.com website until sold or until sale is agreed or until when you wish to withdraw the advertisement. In normal circumstances we will advertise in your property in the property portals such as Rightmove, Zoopla and Gumtree; however, we have no control over these (third party) portals. (Please see the list of our website). Their terms or relationship with us or to general market are subject to change. LPROPS therefore does not give any guarantee, expressed or implied that we will be able to advertise your property in these websites. Where a promise is made, the promise of advertisements in these sites is on reasonable endeavour basis; LPROPS assumes no liability expressed or implied in this regard.
Where you instruct LPROPS to sell your property that includes For Sale Board, we will arrange for one ‘For Sale’ board to be erected free of charge at the property. All subsequent boards will be charged at the rates that will be available at our website.
Where LPROPS For Sale Board is included in package, it includes only the service to erect the board, but not the board itself. All boards shall remain property of LPROPS although it is your responsibility to ensure they are safe and secure and preserved for collection once the property is sold or is withdrawn from the market;
If we cannot collect a board that we are able to use again we will charge you to replace the board at the rates in force at that time.
Subject to Interruption we will arrange and record viewings in our systems. You will be notified when a viewing is booked. We will co-ordinate with you with the details of the person(s) who wish to view your property for date and time that is suitable.
If LPROPS are conducting the viewings on your behalf, you will still be notified of the above information.
If you take advantage of the viewings service offered by LPROPS, we will conduct all your viewings for a fixed price as advertised from time to time. Under these circumstances, it is still your responsibility to ensure that the property is ready and prepared for the viewing, is in a safe condition and that the Local LPROPS Agent has access to the property at the date and time of the viewing.
For Packages which includes accompanied viewing, LPROPS and/or your Local LPROPS Agent may contact you if you have not received an offer within the first four weeks of the Marketing Period to provide you with recommendations to help Market the Property more effectively and to review your Property Advert. You are under no obligation to follow these recommendations; however, you will be required to engage with us and your Local LPROPS Agent. If the Property remains unsold, we and/or your Local LPROPS Agent may contact you regularly to offer further recommendations to help Market the Property more effectively.
In the event we have conducted many viewings on your behalf and you have received regular feedback to suggest that the price of the property is too high, we will want to conduct a marketing review call to discuss the best way forward. We reserve the right to withdraw the viewings service at any time but only where we consider that it is unreasonable to expect LPROPS to continue accompanied viewings considering the number of viewings and the feedback received. However, there will be no full or part credit in respect of our fees under these circumstances.
Should you fail to provide access to the Property for viewing on multiple occasions, LPROPS reserves the right to cancel this Agreement in which case Cancellation terms will apply.
We will report offers to you as soon as possible, once they are made and received by us. The nature, extent, position of the potential purchaser or tenant and desire to proceed, will be requested and provided to you as the offer is made.
We will make such reasonable checks as are possible to ensure the offer made meets our criteria for a sale or let to proceed.
You will get a choice whether to accept the offer, reject the offer, reject and negotiate or, you can opt for LPROPS to negotiate everything on your behalf (where you are selling your property). You will get to choose one of these options each time you receive an offer.
We will always act on your behalf and negotiate the best possible offer for your property, without any conflict of interest.
We will provide you as far as reasonably practicable with advice and assistance once a sale is agreed in accordance with our Post Sale Charter.
LPROPS is committed to providing a professional service to all their clients and customers. When something goes wrong, we need you to tell us about it. This complaint or suggestion will help us to improve our customer satisfaction standards. If you have a complaint, please put it in writing, including as much detail as possible. The complaint should be addressed to Customer Service Manager and it should be posted to our registered address or email on firstname.lastname@example.org. We have eight weeks to consider your complaint. If we have not resolved it within this time you may refer your complaint to The Property Ombudsman, rest details and A full process can be found on our website.
We shall be entitled where we consider it appropriate to sub-instruct a number of other selected agents or recognized relocation agents. We will not charge any additional fees to you save as or otherwise already charged as fees for the packages or for the products and services. All viewings and negotiations would be coordinated through us. You are not entitled to assign this contract to third party.
Where we agree to take on instructions on No Win No Fee, the following additional terms will apply:
LPROPS is appointed as sole or one of a number of agents to market your property until it is sold or either you or we terminate the agreement by giving 1 weeks written notice. The minimum term of appointment will be 12 weeks from date of our acceptance of your instructions.
You will be liable to pay the agreed fees to LPROPS, 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 LPROPS during the period of its multiple agency or with whom LPROPS had negotiations about the property during that period.
Dual Fee Liability
There may be a dual fee payable if:
You have previously instructed another agent to sell the same property on a sole agency, joint sole agency or a sole selling rights basis or
You instruct another agent during or after the period of the LPROPS as sole agency agreement. The terms of any other agents’ agreements should be considered accordingly.
If your property is empty, you shall ensure that you conduct regular security and condition checks from time to time. LPROPS shall not be responsible for doing so.
We work in the best interest of the seller and will avoid undue conflict of interest, should such a situation arise.
We will always inform you as soon as we become aware of anyone making an offer for your property that is in any way connected with LPROPS; whether they are employed, a contractor, family member or services provider to us.
If you are aware of any personal interest from anyone connected with LPROPS you should notify us immediately. We will work with you and you will have sole discretion to decide whether you wish to deal with the person or persons concerned. Unless otherwise we notify you, we will not knowingly permit an offer to be made or sale agreed with someone connected to LPROPS.
You understand that to provide Systems and make your Content available thereon, LPROPS may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers.
You understand and agree that our systems and customer services may be provided by third parties who may be located within UK or outside of the UK. As such your data and contents may be handled by third party service providers who may not be located within UK.
LPROPS, the LPROPS logo and other LPROPS trademarks, Systems marks, graphics, and logos used in connection with the Systems and Software are trademarks or registered trademarks of LPROPS, including the intellectual property rights of the LPROPS brand. Other trademarks, Systems marks, graphics, and logos used in connection with the Systems or Software may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Product(s) or Software.
Certain content, components or features of the Systems may include materials and/or services from third parties and/or hyperlinks to other web sites, resources or Content. Because LPROPS may have no control over such third party sites, services and/or materials, you acknowledge and agree that LPROPS is not responsible for the availability of such sites, services or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, Systems or materials on or available from such sites or resources. You further acknowledge and agree that LPROPS shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, because of your use and/or reliance upon any such content, advertising, systems or materials on or available from such sites or resources.
We will introduce to you, the buyer or any prospective buyer (where we deem appropriate and / or necessary), third party services (“the services”) such as mortgages, insurance, letting services and conveyancing but only where we reasonably believe that the services being provided are in the best interests of you, the buyer / tenant or prospective buyer / tenant and further that the third party companies are capable and required to, provide an acceptable quality of service.
We may receive commission for introducing you but only when you agree to take advantage of such products or services. You may decide of your own free will and we will never pressurise or require you to use such products or services. You hereby expressly agree and accept that if we introduce a product or service from a third-party company that we may accept a payment or commission because of that introduction.
Where requested, we will instruct on your behalf third parties to conduct some of the services advertised by LPROPS. Whilst we will make all reasonable efforts to ensure that they continue to provide an exceptional service we cannot accept liability for the conduct and service of those third parties acting on your behalf.
Whilst we will make all reasonable efforts to ensure that the Products and Services are always available, LPROPS does not guarantee, represent or warrant that your access to any of the Systems, Products or Services will be uninterrupted or error-free.
We will always make all reasonable efforts to ensure that all Content submitted by you to us will be secure. We cannot guarantee our Systems, Products and Services, will be free from loss, corruption, attack, viruses, ‘worms’, ‘trojan horses’ or other harmful components, or from interference, hacking or other security intrusions. It will be your responsibility to ensure back up your own system periodically to ensure that all Content available to you and located within your Account, is available to you in the event of any loss or damage or when LPROPS exercises its reserved right to remove or suspend all or any part of the Content, at any time in accordance with these terms.
If you choose to Pay Later, we will disclose to any third party collecting any payment due from you on our behalf or to whom we have transferred or assigned our rights to the payment from you.
This agreement shall be governed by English Law and shall be deemed to have been made in England. Any proceedings arising out of or in connection with this agreement may be brought in any Court of competent jurisdiction in England and Wales whose Courts shall have exclusive jurisdiction. The terms and conditions of this agreement may be varied by us at any time or times but only by prior written notification.
If any term of this Agreement cannot be enforced or is found to be unfair, it does not affect the other terms of the Agreement. We shall have the right to assign this Agreement if the rights of the vendor are not materially affected.
Disclaimer: Except where provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, we (including our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this site, or in connection with the use, inability to use, or results of the use of this site, any sites linked to it and any materials posted on it. We are not liable for any consequences or loss from your use of this website or services.
NOTICE OF RIGHT TO CANCEL THIS CONTRACT
The client (Vendor) has the right to cancel the Contract within 14 calendar days from signing the contract. To exercise this right, please post us 105 Holmwood Road, Cheam, Sutton, United Kingdom, SM2 7JS. Alternatively, you can email us at email@example.com
* LPROPS Limited is trading as lprops.com, we are the member of TPO (The Property Ombudsman) and details can be found on www.tpos.co.uk
PLEASE SIGN AND KEEP THIS FORM FOR YOUR RECORDS:
RE: (Address property to be SOLD………………….)
I/We ( Name………………………../ Address of seller: )
I/We hereby confirm that I/We agree to the Terms of Business and fee structure of LPROPS Ltd as outlined in this document.
In line with The Money Laundering Regulations 2007, as a regulated profession, we are duty bound to carry out due diligence on all our clients to confirm their identity. Rather than traditional methods in which you would have to produce multiple utility bills and a photographic ID we use an electronic verification system. This system allows us to verify you from basic details using electronic data, however it is not a credit check of any kind so will have no effect on you or your credit history. By signing this agreement as the seller, you understand that we will undertake a search with Experian for the purposes of verifying your identity. To do so Experian may check the details you supply against any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained.