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 Viewings Ltd (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.myviewings.com (‘Our Site’), and My Viewings.
‘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 and 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.
‘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 on our conveyancing Partner Panel Viewings’s to provide conveyancing services where you elect Pay Later.
‘Conveyancing Panel’ means our conveyancing Partner Panel Viewings’s who will introduce you to a Conveyancer to provide conveyancing services where you elect to use the Pay Later with conveyancing.
‘Conveyancing Services” means the conveyancing services for the sale of your property which are to be carried out 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 Full Package .
‘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 Full Package .
‘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 to My Viewings.
‘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.
‘Market Appraisal’ means the market appraisal service provided by the Local My Viewings Agent attending the Property and recommending a guide price for the sale of the Property.
‘Marketing Break’ means a break from actively marketing your property, on the My Viewings website and portals, which has been agreed between you and My Viewings. You can only request one Marketing Break which can be for no longer than 14 weeks.
‘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, the listed date, until such time 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. sole discretion and for any time your Property has been on a Marketing Break. If you choose to stop marketing your property prior to 10 calendar months and you have a Pay Later Product your fee will become due on the date your marketing stops.
‘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.
‘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 of the legal owners and occupiers and those who have an interest in the Marketing and/or sale of the Property.
‘Partner Sites’ means Rightmove, Zoopla and any other website that My Viewings decides to partner with to promote the Property from time to time.
‘Pay Later with conveyancing’ means the service where we introduce you to, and you agree to use our Partner Panel Viewings’s to appoint a Conveyancer from their panel.
‘Pay Later Date’ means the date where any of the following occurs whichever happens first:
- the Completion of the sale of your Property;
- the expiry of 10 calendar months from the date you first list your property with My Viewings; or
- if, after the Agreement Date, you terminate this Agreement or withdraw your Property from the Market at any time outside of the “cancellation period,” the date of any such cancellation/withdrawal.
- At the end of the 10-month period you will be required to pay even if your property hasn’t sold, (even if it’s on, or has been on a marketing break.
If you choose Pay Later, you authorise us to collect payment of the My Viewings Fee (and, if applicable, the Pay Later Check Out Extra Products Fee) when it becomes payable (in accordance with 5.3 a-d), without informing you prior to taking the payment.
‘Pay Now’ means you agree to pay My Viewings the My Viewings Fee in advance.
‘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.
‘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 Ombudsman, HM Revenue and Customs and the Information Commissioner, as well as any other public body or authority whose decisions with which we must comply.
‘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 Agent/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.
‘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 Full Package ’ 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 Full Package ; and
Information about Viewings Ltd
My Viewings provides estate agency services to individuals and businesses to facilitate property sales in the United Kingdom and operates and owns the website www.myviewings.co.uk.
My Viewings is a member of The Property Redress scheme and follows The Property Redress Scheme, which is available to view at www.theprs.co.uk. My Viewings is also registered with The Property Redress Scheme.
Terms of Service
1. Instructing Viewings Ltd
2. Our Services
My Viewings
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
Property Advert
Marketing
Viewings
Offers
Reviews
SM Mortgage Services Limited Financial
3. Additional Services
Extra Services and Extra Products
Accompanied Viewings
Premium Photos
'For Sale' Boards
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’)
Third Party Services
Additional Services between yourself and your Local My Viewings Agent
4. Pay Now
5. Pay Later
5.2 Subject to the Pay Later option being available, you may choose to defer payment of the My Viewings Fee (and, to the extent not already included in your My Viewings Full Package at the checkout, payment for the following services/products: an Energy Performance Certificate/Home Report, Accompanied Viewings, Featured Listing, a Rightmove Premium Listing and/or a Zoopla Premium Listing, provided that any such services/products are selected at checkout (the “Pay Later Check Out Extra Products Fee”) by up to 10 calendar months from the date your Property is first listed with My Viewings– the listed date, by electing to use this payment option.
Pay Later conditions.
5.3 IMPORTANT. Pay Later is only available to customers who instruct our conveyancing partner and use a conveyancer from My Viewings panel for the completion of the sale of their property. If you choose Pay Later you agree to pay the My Viewings Fee for your chosen My Viewings Full Package (and, if applicable, the Pay Later Check Out Extra Products Fee) in full on the earlier of:
a. the Completion of the sale of your property; or
c. after the date your Property is listed by My Viewings, you terminate this Agreement or withdraw your Property from the Market at any time outside of the “cancellation period,” the date of any such cancellation/withdrawal; and
d. should you request a Marketing Break, clause 5.3a, 5.3b, 5.3c will still apply, there will be no freeze on the Pay Later conditions.