Terms & Conditions
Pursuant to the Estate Agents Act 1979 it is a requirement that you understand and accept our terms and conditions when instructing Legra Homes 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 Legra Homes
The Website is owned and managed by Abode Real Estate LTD, a company registered in England and Wales with the company registration number 10056111 and having its registered address at 1007 London Road, Leigh-on-Sea, Ss9 3JY. Legra Homes is a trading style of Abode Real Estate LTD.
Terms of this agreement:
Definitions Within this agreement the following words of phrases shall, unless the context otherwise requires, have the following meanings:
“Property” The property address for which you have instructed us to sell as stated at the end of this agreement under the term “Selling address”
“Sale Price” The price agreed with your buyer for the sale of the property
“Buyer” The person buying your property
“Seller” The owner of the property or the person given the benefit to or who is entitled to sell the property
“You” The owner of the property or the person given the benefit to or who is entitled to sell the property
“Exchange date” The date of which contracts of the sale of the property are legally exchanged and are legally binding
“Completion Date” The date agreed by both buyer and seller that is the completion of the sale/purchase
“Commission” The amount payable to Legra in respect of our fees due from the introduction of a buyer who legally completed on the purchase of your property
“Legra or We” Means Legra Homes a company registered in England, company registration number, 10056111
“On the market” This means that your property is being listed on the Legra Homes website and/or our partner sites.
Fee / Commission / Terms
2 . Upfront fees are paid to Legra Homes. All fees are to be paid in accordance with the package you have ordered. There are two package options. Option 1 (pay now), which covers verification of your property and our estate agent services, which is £795 including VAT upfront, with no further fees upon completion (apart from any add-ons that you choose to purchase). Option 2; our Pay later option, which covers verification of your property and our estate agent services is £399 upfront and £1,095 including VAT, this package also includes a For Sale board, professional photography and a professional floor plan. Our pay later package requires that you must pay the total amount payable on a date 6 months from opting for our pay later package (6 months from agreement date or upon your property sale completion through any agent; whichever is the sooner). If the payment due date falls on a weekend or a bank holiday, then your payment will be due on the previous working day. Your agreement will be with Legra Homes who will collect your payment. If you choose to cancel (subject to clause 13) Any fees owing will be due immediately and will be taken from the card, that you provided on sign up, unless otherwise requested.
You can make your payment by a number of payment methods including debit card, cheque or bank transfer. For full details of the agreement, please Click here:
If within your 6 months agreement period you have sold your property by other means, Legra have the right to ask for full disclosure of the purchaser’s details to make these checks.
After your 6 months marketing period expires (or when your property is sold/exchanged), your property will be taken off all portals. The 6 months marketing period starts on the day Legra sets your property as ‘live’ on our site. If you wish to extend your marketing period, you can do so by purchasing a further six months at a discounted cost of £180. Please note that if you are listing a commercial property there may be some extra costs involved.
Important: By choosing either the ‘pay now’ or ‘pay later’ package, one of Legra’s panel of conveyancers will provide you with a discounted rate for your property purchase and/or sale, which you commit to using. If you do not wish to use a conveyancer from our panel, you will be required to pay an additional £295 inclusive of VAT on completion of your property sale.
2.1 Lettings: Your tenant find letting fee of £250 will allow your listing to show on our portal network. Once we have found our landlord a tenant that landlord must let us or our national lettings management company reference the tenant(s) and produce their tenancy agreement. At no point will Legra be holding any of the tenants deposit money, this will be held by the landlord and will be solely their responsibility. All of these extra cost (apart from the initial tenant find) will be the responsibility of the new tenants. These cost are £245 for the first tenant and £180 for each additional tenant that is over 18 years of age and includes all administration charges. If the results of the tenants referencing comes back negative, the final decision whether to allow the tenants a new tenancy agreement will be that of our Landlord. Should they wish for us to not proceed with this agreement the tenants will receive no refund. This is due to the expense of the referencing and the extra administration involved. If you (landlord) wish to perform your own referencing and write your own tenancy agreements there will be an administration charge of £120 paid for by the landlord to Legra. In these circumstances, Legra’s sole job will be to provide viewings.
2.2 All add ons as listed on the Legra property website are listed at the correct price at the time, changes to the prices can take place at any time and you the purchaser are not entitled to any discount if the add ons that they bought are reduced at a later stage. If you have purchased our discounted conveyancing add-on and your sale falls through you can use this discount on any future purchase or sale that is made even if has nothing to do with Legra Homes. Refunds on discounted conveyancing cannot be given.
2.3 If your property is being advertised by another agent, it is your responsibility to ensure you are allowed to advertise with us at the same time. If you advertise with us and you are not allowed to within your other agents terms of contract then we can stop your listing with us within 24 hours, but you will not receive any refund (except in the case outlined in clause 13, below). While you are advertising with more than one agent, you will be subject to our fees and if the other agent sells your property they will be entitled to their fee under their contract, if you are selling with more than one agent (dual/multiple agents) for any length of time our fee will be a minimum of 1% of the house sale price.
2.4 Your fee paid is for listing one property per fee.
2.5 Legra reserves the right to negotiate a fee outside of the advertised fixed fees for “unique” properties. “Unique” properties hereby mentioned and given examples of include, properties that are deemed very difficult to sell and properties that will require extensive and custom marketing.
3.Your listing is with Legra Homes 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 which prohibits businesses from engaging in unfair commercial practices. The Consumer Protection from Unfair Trading Regulations 2008 require you to disclose any information of which you are aware in relation to the property in a clear, intelligible and timely fashion. Taking 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 and that no material facts have been hidden or in any other way omitted. Answers to questions about the property must be truthful, materially complete and not misleading.
3.1 Legra guarantees that your property is listed on the Legra Homes website which is www.legrahomes.co.uk (I.T. problems not allowed for). Third party website portals are subject to change, they may or may not be controlled by Legra 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 Legra 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 Legra 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 listing are dependent on the timings and length of times the listing will run as set out in 3.2 below.
3.2 Your listing You automatically receive 6 months of marketing during which time we will list your property on our website and all partner websites. The average time in the UK to sell a property (as of 1/1/12) is just over 2 months. If your property has not exchanged within that 6 month period, your listing will expire but during the run-up to your listing expiry you’ll have the opportunity to purchase further months of additional flexible marketing for a fee of just £55 per month or a fee of £180 for a further 6 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 Legra will automatically come to an end and your property de-listed.
3.3 Your initial listing with Legra has a 6 month expiry but will not be de-listed until we have spoken to you about extending your marketing. In the event we cannot contact you we will de-list your property.
3.4 If you are supplying your own photographs (maximum 50) and description we require these to be accurate when they are sent to us or uploaded onto our site, we will send a local agent to visit you to check these. Additions or amends may be subject to a monetary charge. Once our agent has made a date to visit you are obliged to keep the appointment, any cancellations must have 1 working day notice, otherwise you will incur costs. If our agent arrives for his appointment and you are not at the property the agent will have to come back to verify your property again and there will be an extra ‘visit’ charge of £60 and £120 if a photographer was booked and visited. If we have to cancel the visit due to you not wishing to continue your marketing, the allocated cost to us for our agents visit will not be refunded.
3.5 If you have paid for us to look after your photos and other add ons, you should be contacted within 24/48 hours by our local agent to arrange a visit. On some occasions this may take longer. If you are supplying your own photographs you must have permission to use the photographs. Legra have 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. Legra 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. Commercial properties may also incur extra photography charges, dependent on the size of the property. The same will apply for any additional floor-plans
3.6 Regarding the price of your property, we can advise on valuations from the data we have which is pulled in from various sources such as Rightmove, mouse price and Land registry and takes into account national and regional trends in the housing market, however the price at which you decide to market your property will be solely down to your choice.
4.Rightmove Premium Listing and Rightmove featured properties.
4.1 If you have or intend to order the Rightmove premium listing then it’s important for you to know that this is a one-time activation that lasts for 6 months but only on a continued marketing basis. For example if you choose to de-list your property after 2 months of activation then your Rightmove premium listing will instantly come to an end. Premium listings do sometimes go live a number of days after your listing goes live. If you re-list the property at any time after this then you will no longer be able to use the premium credit unless you purchase another one. This is the way Rightmove operate the Premium option and not something we have control over.
4.2 Featured properties. If you order a featured property please allow up to 7 days for your featured property to appear.
5.Viewings / messages and Offers received for your property
5.1 Applicants will be dealt with by our team of agents directly. Their information will not be passed on apart from their first and surnames. Legra will vet every message and only when we feel the message is appropriate will it be forwarded to the vendor.
5.3 Legra confirms that (unless otherwise instructed in writing by you, the seller) pursuant to the Estate Agents Act 1979 we will forward to you accurately in writing (which includes email correspondence), all offers from prospective purchasers within 2 days
5.4 Once a sale has been agreed, Legra will prepare and send out a Memorandum of Sale by email or to you (or on your online account) and to both sets of solicitors involved and a copy shall also be sent to your prospective purchaser.
5.5 Once you have an accepted offer we will forward your details to our panel of solicitors. If you are using our recommended solicitors we will fully get involved in helping you with the sales progression for NO extra cost.
6.Your obligations as the Seller(s).:
6.1 The Seller(s) hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement;
6.2 The Seller(s) hereby confirms and covenants that he/she/they are the beneficial owner(s) of the property; or have the authority from the beneficial owner to sell the property on the above terms.
6.3 Under the Money Laundering Regulations of 2003 we must carry out identity checks on both buyers and sellers of the properties that we market. Checks are completed using an electronic system and may require us to ask you for additional information such as your passport number or driving license number, which you must agree to provide on request.
6.4 The seller must provide an EPC or order an EPC for their property (and provide proof of their order if not done through us), if they order an EPC and the assessor turns up to carry out the EPC and the seller then advises us they already have an EPC then there will be no refund for their ordered EPC. If you require a commercial EPC for your property there will be an extra charge. Please ask us for a current price.
7. Consumer Protection from Unfair Trading Regulations 2008
7.1 Your property details will be verified before marketing of the property can commence. Our local agent will approve your details.
7.2 To ensure compliance with the Consumer Protection from Unfair Trading Regulations 2008 and to ensure that neither Legra nor the seller becomes involved in any legal action, the Seller must inform Legra immediately of any incorrect or materially incomplete information within the sales particulars from the outset or at any point during the marketing or sale.
7.3 Any amendments that you make to your property listing will be fully vetted by Legra and if we feel they are not valid they will be changed without notice.
7.4 Legra reserve the right not to publish any information provided by the seller in order to comply with the Consumer Protection from Unfair Trading Regulations 2008. Also any other publication (our brochure for example); may be subject to change at anytime. Often when changes are made to the website especially prices may not be amended in the brochure.
7.5 The seller shall indemnify Legra its proprietors, directors, employees or agents against any claim made in respect of the Property or any misdescriptions herein that arises wholly or partially out of the act or default of the seller.
8.For Sale Boards
8.1 If you select a board upgrade the board will be erected at your property (dependant on agent availibility in your area). Legra cannot accept any responsibility for any damage or loss suffered as a result of the For Sale board. This board will be collected upon request 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 Legra For Sale board is displayed, no other boards are erected. The delivery of your For Sale board may in certain cases be sent via a national courier service. We cannot accept responsibility for any For Sale board being lost or stolen once delivery has taken place. In most circumstances Legra cannot state a definite date and time for delivery of your For Sale board. In circumstances where there is no one to sign for the For Sale board, it will be left with a neighbour or left in a safe place at the property.
8.2 If your board relates to part of a building in multiple occupation, it should indicate the part of the building to which it relates.
9.1 Legra cannot accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been agreed.
10.Energy Performance Certificate (EPCs)
10.1 An EPC must be commissioned prior to marketing your property. Legra will market your home as soon as the EPC or proof of order is available in full. If we provide your EPC then this is non refundable once the home visit and EPC has taken place. This includes commercial EPCs
11.Payment via Worldpay – All credit card information is collected securely by Worldpay
Credit Card Safe Site Certification
11.1 Refunds may only be given as the discretion of the management, where a refund is agreed it will take into account all the costs already incurred by Legra with regard to your marketing and including allowing a cost for the time spent as well as any external costs incurred for floor plans EPCs and brochures, Our current admin cost to set up a new vendor account is £495.
12. Complaints. All complaints are to be made in writing and will be dealt with swiftly and professionally and in accordance to the guidelines set out by the property ombudsman. Your chosen conveyancer will work to a strict service level agreement that Legra has put in place. Legra will always be available to assist you in any way to resolve any issues but any complaints must be directed to your conveyancer.
Right to Cancel
13. The Right to Cancel off-premises contracts is regulated by provisions contained in Part 3 of the Consumer Contracts (Information,Cancellation and Additional Charges) Regulations 2013
13.1 Contracts entered into off premises or at distance are all subject to a 14 day “cooling off period”, Where contracts are made off premises, you have the right to cancel the contract within a 14-day period, starting the day after the day on which the contract was made, which is the date these terms and conditions are agreed. Where contracts are cancelled within the specified 14 day “cooling off period” no charges will be due and you will be entitled to a full refund of any payments already made. Please note Legra will not publish your property on Rightmove, Zoopla or otherwise begin providing services, until this 14 day cooling off period has expired. HOWEVER, you can specifically elect to receive the services during the cooling off period – in which case clause 13.3 shall apply to services provided to you during this period.
13.2 In the event you wish to cancel the contract you must, within the 14 day “cooling off period”, inform Legra of your decision to cancel in writing by email to [email protected]
13.3 If you specifically request that we begin the performance of services during the above-mentioned cooling off period and then you later cancel during the cooling-off period, you shall not be entitled to any monies returned that have already been paid.
13.4 Subject to clause 13, you may ask us to remove your details from the site at any time after the 14 day “cooling off period”, but you will not be entitled to any refund.
Intellectual Property Rights
14.Legra and/or its licensors own all rights in the intellectual property rights relating to the Services and the Website.
15.You are expressly prohibited from:
15.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Service and the Website including without limitation, any information, articles, photographs, images or submissions in ups made available to you using the Services and the Website; and
15.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Legra and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Legra or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Legra.
Your General Obligations
16.1 You agree that you are solely responsible and liable for all activities on the Website, whether you are a Registered User or an Unregistered User.
16.2 You must promptly notify Legra in the event there is a breach of security or any unauthorised use of the Login Details where you are a Registered User. Legra may be contacted by email [email protected]
16.3 You shall not submit to appear on the Website, any information, Property Data (defined below) review, comment, images, link or other material whatsoever in all format that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
16.3.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
16.3.2 harass or advocate harassment of another person;
16.3.3 display pornographic or sexually explicit material;
16.3.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
16.3.5 promote any illegal activities;
16.3.6 provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
16.3.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
16.3.8 engage in or promote commercial activities and/or sales, without the prior written consent of Legra; or
16.3.9 infringe any rights of any third party.
16.4 You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that Legra 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 Legra a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
16.5 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any User Submissions that you make to the Website.
16.6 You hereby grant to Legra 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 Legra deems it necessary or desirable to do so for any reason.
16.7 You hereby grant to Legra 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 Legra 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.
16.8 If you feel that any User Submission made by other Registered and Unregistered Users is objectionable, you are advised to contact Legra Homes using the contact details set out on the Website. Legra shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.
16.9 You further agree that at all times, you shall:
16.9.1 if you are a Registered User, not use your Login Details with the intent of impersonating another person;
16.9.2 if you are a Registered User, not allow any other person to use your Login Details;
16.9.3 not use the information presented on the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
16.9.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
16.9.5 not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
16.9.6 not use any information obtained using the Website otherwise than in accordance with these Terms;
16.9.7 comply with all instructions and policies from Legra from time to time in respect of the Website;
16.9.8 co-operate with any reasonable security or other checks or requests for information made by Legra from time to time; and
16.9.9 use the information made available to you on the Website at your own risk.
16.10 In the event that Legra, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 16, Legra shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
16.11 Without prejudice to any of Legra’s other rights and remedies, Legra reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause 16.
17 Referrals and introducer payments.
17.1 Referrals will have the right to opt-out of any future email campaigns upon receipt of their first email; or any subsequent ones. The data held will not be passed on to anyone other than in clause 16.7
17.2 Referral Incentive. Any member of Legra can refer another person to Legra, this can be done verbally, via email, internal messaging or via any referral scheme or competition that Legra run. If in the even of a referral purchasing a package from Legra, the member who passed on the referral may be entitled to an introducer or referral incentive. This may be in the form of money, vouchers or property marketing add-ons. This will be at the discretion and choice of Legra.
17.3 Redemption of referrals. Where ever possible Legra will have an audit trail of where the referral came from. Upon successful audits a referral fee will be authorised. In the event of Legra’s internal audit trail resulting in a dispute regarding the origination of the referral, proof may be required from the interested parties.
17.4 Upon authorised referrals, payments, vouchers, property add-ons will be dealt with within 14 days.
Jack Blows Position, Director Abode Real Estate Ltd reg no. 10056111 For Legra Homes – A trading style of Abode Real Estate Limited.