These terms and conditions, together with the My Viewings privacy policy and the My Viewings cookie policy, and any other terms provided to you by My Viewings Property Limited (‘My Viewings’, ‘we’ or ‘us’), set out the terms of the Service Agreement between you and us under which we will provide the Services to you and make available the use of its website, www.My Viewings.com (‘Our Site’), and My Viewings.
Please read these terms and conditions carefully which contain essential information which you should be aware of before you accept any of our Products and Services. By clicking on the acceptance button, you will be agreeing to these terms and conditions and your order will be placed with us. However, if you have any concerns or questions regarding these terms and conditions then please do not click the acceptance button and instead, please contact us by telephone at 0121 286 1080 or by email at [email protected] Please be aware that we may change some terms and conditions in this Agreement in accordance with our rights set out below under the heading “Changes we can make to this Service Agreement.” Where we do so, we will give you reasonable notice of the change(s) taking effect, unless we consider the change(s) to be to your advantage in which case they may take effect immediately.
‘Acceptance Date’ or ‘Agreement Date’ means the date on which you accepted these terms and conditions and instructed My Viewings.
‘Associates’ means directors, employees, sub-contractors, and agents of My Viewings.
‘Cancellation Period’ means 14 calendar days from the date of the Agreement, which is the date you instructed My Viewings accepted these terms and conditions, and where you may be entitled to cancel this Agreement. If you choose to list your property with My Viewings within the 14 days cancellation period, it will be deemed you have waivered your rights to cancel and that My Viewings would have provided the Marketing services to you, and you will no longer be entitled to a full refund of the My Viewings Fee.
‘Completion’ means the date on which the legal transaction of the sale of the Property is complete and the My Viewings fee is payable by you.
‘Content’ means all the content, documents, information, and matters contained on our website, social media pages and your My Viewings, and any other portal owned by My Viewings.
‘Conveyancing Firm’ means a conveyancing firm who will conduct the conveyancing process when you sell your home.
‘Conveyancing Panel’ means our conveyancing Partner Panel Of choice who My Viewings will introduce you should you wish to instruct a Conveyancer on My Viewings’s Panel who will provide you with conveyancing services.
‘Conveyancing Services” means the conveyancing services for the sale of your property which are to be conducted by a Conveyancing Firm.
‘Estate Agent Service’ means the Products and Services described as such under the heading ‘Instructing My Viewings.’
‘Extra Products’ means any products offered and provided by My Viewings and/or a Local My Viewings Agent (or another designated third party) which are additional to the My Viewings Premium Pack.
‘Extra Services’ means any services offered and provided by My Viewings and/or a Local My Viewings Agent (or another designated third party) which are additional to the My Viewings Premium Pack.
‘Existing Prospective Purchaser’ means a person who has expressed an interest in purchasing the Property to the Seller during the 3-month period immediately prior to the date of this Agreement. You must inform us in writing prior to accepting these terms and conditions the name and address of any individual who has expressed an interest in purchasing your property during the 3-month period immediately prior to the date of this Agreement. Failure to disclose such information will result in the My Viewings Fee being payable in the event of a sale to that Existing Prospective Purchaser.
‘Fees and Payments’ means the My Viewings fee that is payable upon the date the legal transaction of the sale of the Property is complete.
‘Intellectual Property’ means anything belonging to My Viewings or a third-party partner of My Viewings’s such as Photographs.
‘Local My Viewings Agent’ means the person(s) licensed by My Viewings to conduct Market Appraisals, Accompanied Viewings (as more specifically set out in the section headed ‘Extra Services and Extra Products’) and other related services in respect of the Property.
‘Listed Date’ means the date your property is listed for sale on Our Site and/or is listed on any Partner Sites by My Viewings.
‘Market’ or ‘Marketing’ means the Property is listed for sale on Our Site and/or is listed on any Partner Sites by My Viewings.
‘Marketing Period’ means the period of 10 calendar months from the date that My Viewings commences the marketing of the Property on Our Site or 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 My Viewings on Our Site or such Partner Sites. The Marketing Period may be extended in My Viewings’s sole discretion.
‘Marketing Price’ means the asking price for the Property to be agreed between the Seller and the Local My Viewings Agent.
‘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.
‘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.
‘Minimum Term’ means the initial sixteen-week period following the Agreement Date, which the date you accepted these terms and conditions, during which My Viewings shall market the property on a sole agency basis.
‘Multi Agency’ means 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), allowing you to appoint a third party to market the property alongside My Viewings on a ‘multiple-agency’ basis.
‘Ownership’ means 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 an interest in the Marketing and/or sale of the Property.
‘Partner Sites’ means any other website that My Viewings decides to partner with to promote the Property from time to time.
‘Privacy Policy’ means the Privacy Policy as amended from time to time and published on the Website and My Viewings
‘Property’ means the residential property in the United Kingdom (Excluding Northern Ireland) that you have asked a Local My Viewings Agent to appraise or have instructed My Viewings to advertise for sale.
‘Property Advert’ means how your property is to be displayed in advertising and marketing which may include (subject to the nature of the Products and Services) photographs, descriptions, key features, and floor plans.
‘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.
‘Relevant Regulator’ means National Trading Standards, the Advertising Standards Authority, the Competition and Markets Authority, The Property Redress Scheme, HM Revenue and Customs and the Information Commissioner, as well as any other public body or authority whose decisions with which we must comply.
‘Sole Agency’ means 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.
‘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 My Viewings and/or a Local My Viewings Agent, which will include as a minimum: the creation of a Property Advert, Marketing of your Property on Our Site and selected Partner Sites (all as more specifically details below and on Our Site), assistance in the negotiation of any offers (as requested) and assistance in progression of the sale of the Property through to Completion.
‘Sole Agency Basis’ means you agree to appoint My Viewings and/or a Local My Viewings Agent as the sole and exclusive estate agent to advertise and Market the Property.
‘VAT’ means value added tax chargeable under the Value Added Tax Act 1994.
‘Withdrawal’ means withdrawing your property from the market which will cancel your instruction with My Viewings.
‘My Viewings ’ means the interactive facility on Our Site where you can view details of the Property listings, diary appointments and availability and offer letters through a dedicated account.
‘My Viewings Extra Fee’ means the fee (inclusive of VAT) due to My Viewings for providing the Extra Services and Extra Products to you (as advertised on Our Site).
‘My Viewings Premium Pack’ means the Services and any optional extras as identified on Our Site that may be included in the fixed fee that you have selected as part of the ordering process.
‘My Viewings Fee’ means the fee (inclusive of VAT) payable to My Viewings for the chosen My Viewings Premium Pack; and
Information about My Viewings
Terms of Service
1. Instructing My Viewings
1.1 As a Seller, when you instruct us, you confirm that you are the legal owner of the property and/or have the legal right to instruct us to market and/or sell the property. When you instruct us, you do so with the knowledge, consent, and agreement of each and all the legal owners and occupiers and those who have an interest in the marketing and/or sale of the Property.
1.2 When instructing My Viewings to conduct the Services, you agree to be legally bound by these Terms and Conditions (and any other documents referred to in them) at the point of instruction at checkout on the Acceptance Date.
1.3 Our acceptance of your instruction is subject to receiving satisfactory verification of the identity of the Sellers and details of the Property.
1.4 If you are using a discount code when instructing with My Viewings, it will be subject to our Discount Code Terms and Conditions, outlined here.
2. Our Services
2.1 We will provide the Services to Market the Property for sale and help facilitate the eventual sale of the Property.
2.2 We will conduct the Services with reasonable care and skill. We will use our reasonable endeavours to ensure that your Local My Viewings Agent conducts the Services, with reasonable care and skill.
2.3 We engage with a network of Local My Viewings Agents across the United Kingdom (excluding Northern Ireland). The Local My Viewings Agents assist in providing the Services in their assigned regions licensed under the My Viewings brand. Under the terms of their licence, they are required to assist in providing the Services to the standards required by us, however, they are not our employees of My Viewings. Customers are assigned to their Local My Viewings Agent upon booking a Market Appraisal for their Property. Please note that your Local My Viewings Agent may be substituted at any point during the term of our Agreement with you.
2.4 My Viewings enhances the provision of the Services to you by operating a call centre to support you with any queries relating to the Marketing and sale of the Property.
My Viewings
2.5 As part of the Services, you will be granted access to My Viewings where you can: view details of the Property listing; arrange appointments and viewings; view offers; and communicate with your Local My Viewings Agent and/or prospective Purchasers.
2.6 You must regularly check your My Viewings account for updates including messages and appointment or viewing requests in relation to the Property.
2.7 It is your responsibility to update the information contained on your My Viewings that you have provided, for example if you have added an additional user to your My Viewings , this person will remain on the My Viewings and receive communication about the Sale Property, until you ask My Viewings to remove them. This will be the case for any subsequent properties you may instruct My Viewings on. You update your information by telephone at 0121 286 1080 or by email at [email protected]
Market Appraisal
2.8 The Local My Viewings Agent will provide a guide price for marketing the Property for sale. The guide price is based on the Local My Viewings Agent’s experience, national and regional trends in the property market, and data obtained from various sources including but not limited to Partner Sites and the Land Registry. 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, via My Viewings , at any time during the Marketing Period and we shall use our reasonable endeavours to update the Marketing Price on the My Viewings , Our Site and any Partner Sites within five days of receiving such notification.
2.9 You agree and acknowledge that the guide price provided by the Local My Viewings Agent during or following the Market Appraisal is not a valuation of the Property.
Property Advert
2.10 Your Local My Viewings Agent will help create a Property Advert for the Property and upload it to My Viewings You will have the opportunity to edit or suggest amendments to the Property Advert on My Viewings
2.11 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
2.12 We will advertise the Property for sale on Our Site and any Partner Sites that may be included in your Marketing package, and 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.
2.13 Third party websites such as Partner Sites are subject to change, and we do not guarantee the continued presence of the Property on any individual website.
2.14 On occasions we may advertise your property in the local press and on social media platforms.
Viewings
2.15 It will be your sole responsibility to conduct viewings for prospective Purchasers and we assume no responsibility in this respect unless you have chosen to include Accompanied Viewings as part of your My Viewings Premium Pack or purchased them as an Extra Service. In all circumstances it is your responsibility to record your availability for viewing appointments accurately in your My Viewings account.
Offers
2.16 We will provide you (via the My Viewings and/or by email) 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.
2.17 You will be able to view all offers in the My Viewings and communicate directly with the prospective Purchaser. If you would like assistance in negotiating any offers you should contact your Local My Viewings Agent as this is included in the Services.
2.18 Upon agreeing the sale of the Property 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.
2.19 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 to allow the conveyancing process to commence.
2.20 If an offer for the sale of the Property has been accepted you will have access to the My Viewings Sales Support Team who will assist you up to the Completion of the sale of the Property. 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.
2.21 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 responsible for ensuring all parties are aware of any changes or developments. We accept no liability for any loss arising because of such communications between the parties.
2.22 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
2.23 My Viewings and/or your Local My Viewings 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 My Viewings Agent in goodwill discussions. If the Property remains unsold, we and/or your Local My Viewings Agent may contact you regularly to offer further recommendations to help Market the Property more effectively. My Viewings reserves the right to stop marketing a property if it has not sold within 10 calendar months of the listing date. No refund of any fees paid to My Viewings will be available if we stop marketing your property under these circumstances and Cancellation fees may apply.
2.24 If your Local My Viewings Agent receives consistent feedback from prospective Purchasers that suggests the Marketing Price is too high to result in a sale or if the Property receives little interest from prospective Purchasers, your Local My Viewings Agent will contact you to review the Marketing Price of the Property. We reserve the right to withdraw the Accompanied Viewings service provided by the Local My Viewings Agent, where in our sole discretion, we consider that it is unreasonable for the Local My Viewings Agent to continue to accompany viewings in consideration of the feedback received from prospective Purchasers. No refund of any fees paid to My Viewings will be available if we withdraw under these circumstances and Cancellation fees may apply.
3. Additional Services
Extra Services and Extra Products
3.1 You may choose to purchase or opt-into one or more of the Extra Services and/or Extra Products below in addition to the Services provided in your My Viewings Premium Pack:
Accompanied Viewings
3.2 If you would like your Local My Viewings Agent to conduct viewings at the Property during the Marketing Period you may purchase the Accompanied Viewings Extra Service at additional cost using My Viewings Please note that Accompanied Viewings may be included as standard in certain My Viewings Premium Packs.
3.3 It is your responsibility to provide sets of keys to your Local My Viewings Agent for all lockable doors and cupboards within the Property.
3.4 You must ensure that your Local My Viewings Agent has access to the Property at the date and time of any arranged viewings.
3.5 You must ensure that the Property is in a safe condition and prepared for all viewings.
3.6 If your property is empty, you shall ensure that you conduct regular security and condition checks from time to time. My Viewings shall not be responsible for doing so nor for informing you about any matter or circumstance arising in your property.
3.7 Should you fail to provide access to the Property for viewing on multiple occasions, My Viewings reserves the right to cancel this Agreement in which case no refund of any fees paid to My Viewings will be available and Cancellation fees may apply.
Premium Photos
3.10 Premium Photos may be included as part of your My Viewings Premium Pack if you are in certain areas (please refer to Our Site for further details) and is fulfilled by one of our nominated third-party providers.
3.11 You acknowledge and agree we will share your personal data (including your contact details) with such third-party provider.
3.12 We will place an order with the provider who will liaise directly with you to arrange a suitable time to take images of the Property. You must notify the provider directly if for any reason you are not available at the agreed time. If the provider attends the appointment but is unable to enter the Property at the agreed time, or if you cancel the appointment on the same day, you will be liable for the cost of any subsequent visit by the provider.
3.13 You acknowledge and agree that you will remove all visible Personal Data from view when any Photography is taking place. Any Personal Data that is captured and marketed via My Viewings, you have consented with.
3.14 Any photographs taken by My Viewings or by a third-party provider belong to the Photographer and cannot be used by you outside of the service provided to you by My Viewings unless you have received written consent from My Viewings.
3.15 My Viewings reserve the right to refuse to allow any image to be uploaded, made live or presented on any marketing or property portal that we consider in our absolute discretion to be inappropriate, inaccurate, misleading, or likely to cause distress or embarrassment to anyone viewing the image.
'For Sale' Boards
3.16 A ‘For Sale’ Board is a fantastic way to show passers-by that your property is on the market. The My Viewings will pre-populate the ‘For Sale’ Board at no extra cost to you. The Board will be erected at your property shortly after you have instructed My Viewings. If you do not want a ‘For Sale’ Board, please select “No Thanks” on the My Viewings
3.17 If you have not selected “No Thanks” to a ‘For Sale’ Board on the My Viewings and you refuse a Board to be erected at your property, you will be charged for the cost of the Board to include any distribution fees. You will also be charged the cost of the Board if you cancel your instruction with My Viewings.
3.18 You are only permitted by law to display one ‘For Sale’ board at the Property and therefore you agree that whilst a My Viewings ‘For Sale’ board is displayed, no other boards will be erected at the Property.
3.19 Should My Viewings or an agent acting on behalf of My Viewings attend the Property to erect a My Viewings ‘For Sale’ board and there is a board already displayed at the Property that belongs to another Estate Agent, you agree that My Viewings should remove the ‘For Sale’ board to erect the My Viewings ‘For Sale’ board. It will be your responsibility to arrange collection of any ‘For Sale’ board that does not belong to My Viewings.
3.20 The My Viewings ‘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, at the end of the agreed Marketing Period, or following cancellation of the Agreement, whichever is the sooner.
3.21 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.
3.22 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 or the Board may have to be displayed in a certain way to meet the requirements of the Town and Country Planning (Controls of Advertisements) Regulations 2007, which can differ in different locations across the United Kingdom.
3.23 My Viewings will not take any responsibility for any damage that is caused from the erection of the ‘For Sale’ board.
3.24 If you would like My Viewings to remove the For Sale board please contact us by telephone at 0121 286 1080 or by email at [email protected]
Energy Performance Certificate (‘EPC’)
3.25 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 at the time of Marketing your property for Buyers to view or to have commissioned an EPC and have it available for Buyers to view within 28 days of your Property being marketed.
3.26 It is your responsibility to check if you have a valid EPC on the Property you are selling by checking the EPC Register Find an energy certificate – GOV.UK (www.gov.uk).
3.27 Please provide your Local My Viewings Agent with a copy of your EPC or you can commission an EPC from one of our nominated partners by purchasing it at additional cost as an Extra Service through My Viewings
3.28 You acknowledge and agree that in purchasing this Extra Service, we will share your personal data (including your contact details) with such third-party provider.
3.29 We will place an order with the provider who will liaise directly with you to arrange a suitable time to conduct the survey. You must notify the provider if you are not available at the agreed time. If the provider attends the appointment but is unable to enter the property at the agreed time, you will be liable for the cost of any subsequent visit by the provider.
3.30 Once the survey has been completed you will not be offered any form of refund.
Third Party Services
3.31 We offer all Sellers and prospective Purchasers an introduction to our selected partners who offer additional services such as insurance, mortgages, surveys, auctions, lettings, and conveyancing. It is entirely the Sellers and prospective Purchasers decision on whether they wish to be introduced and then instruct any of our selected partners. Should you choose to instruct any of our selected partners, you should know that we would receive a commission/referral fee from our selected partners for recommending Sellers and prospective Purchasers. As these fees vary upon the instruction, you can request details about the specific referral fee or admin fee from your Local My Viewings Agent or by emailing [email protected]. You acknowledge and agree that any relationship between you and a third-party supplier is by separate agreement and My Viewings shall have no liability to you for the additional services provided by such third parties.
3.32 If you choose to instruct a conveyancer using our conveyancing Of choice panel to complete the sale of your property and subsequently cancel, the cancellation of the conveyancing instruction will require you to pay a cancellation fee of £250 (inclusive of VAT).
Additional Services between yourself and your Local My Viewings Agent
3.33 You may purchase one or more of the Extra Services and/or Extra Products mentioned above (in addition to the Services provided in your My Viewings Premium Pack) either as part of your original order or as a subsequent purchase through your My Viewings account. If youmake a subsequent purchase through
4. No Sale, No Fee
Sole Agency Period
4.1 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 Clause 6 (“Sole Agency Period”).
4.2 You will be liable to pay the My Viewings Fee, in addition to any other costs or charges agreed, including any administrative costs incurred in collecting the unpaid My Viewings Fee, 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.
4.3 You will be liable to pay the My Viewings Fee, or a proportion of it which represents the costs incurred by My Viewings in delivering the Services to you, should you agree to Market the Property with any other estate agent during the Sole Agency Period after the Acceptance Date.
Multiple Agency Period
4.4 After the sixteen-week period following the Acceptance Date you may choose to appoint a third party to market the property alongside My Viewings on a ‘multiple-agency’ basis (“Multiple Agency Period”). My Viewings reserves the right at its sole discretion to continue to market the property on a ‘multiple agency’ basis or otherwise cancel this Agreement in accordance with Clause 6.
4.5 You will be liable to pay the My Viewings Fee, in addition to any other costs or charges agreed:
- in accordance with Clauses 4.1 and 4.2; or
- if at any time unconditional contracts for the sale of the property are exchanged with a purchaser introduced by us during the Multiple Agency period or with whom we had negotiations about the property during that period.
5. The My Viewings Fee and Payment
5.1 The My Viewings 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 only, introduced by any other agent. We also reserve the right to charge you the My Viewings Fee, or a fair proportion of it, for the Services delivered to you by My Viewings if you agree to Market the Property with any other estate agent during the Sole Agency Period at a date after the Agreement Date (the date you agree to instruct My Viewings and accept these terms and conditions).
5.2 The obligation to pay the My Viewings 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 because of the provision by us of the Services under this Agreement.
5.3. If another estate agency is advertising the Property, it is your responsibility to ensure that you are allowed to advertise with us at the same time. Please take care to ensure you understand the fees that may be due to us and/or the other agency. You agree to indemnify My Viewings for any other fees owed in connection with the advertising of your property.
5.4 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:
- you agree to the sale of the Property with any Purchaser.
- unconditional contracts for the sale of the Property are exchanged; and
- upon Completion of the sale of the Property.
