Smart Seller – Our Terms

Please read our terms & conditions of use, before using our website. If you do not understand, or agree to, the terms set out below you must not use our website. Contact us on enquiries@smart-seller.co.uk if you need us to help you.

About Us

www.smartseller.co.uk is owned and operated by OHS Estates Limited, trading as Smart Seller.

OHS Estates Limited is a company registered in England and Wales under company number 16299940. Our registered address is Tan Y Gwalia, Conwy, LL32 8TY.

Smart Seller is registered with the Property Redress Scheme.

Our Privacy Policy also applies to your use of our website and services.

You can only use our service to sell residential property in England or Wales that is suitable for living in.

Smart Seller is intended for the marketing of domestic, private and habitable properties located within England or Wales. Smart Seller reserves the right to refuse to market any property submitted. Smart Seller cannot be used to advertise caravans and mobile homes, plots of land, commercial opportunities or development projects.

You agree to pay the fee for our service at the point of order.

The price listed on our website is correct at the time of purchase. We reserve the right to amend the price at any time. Purchasers are not entitled to any discount should we reduce the price any time, for any period.

The fixed fee purchase price extends to the marketing and listing of only one property for one six-month period. To list multiple properties, you will need to pay for each property you wish to advertise as being for sale separately.

You confirm that you are authorised to market the Property for sale.

You can only sell property belonging to yourself.

You agree to provide evidence of your address and identity and a valid EPC for the property.

We are obliged by law to verify your identity and obtain proof of address and identification.

You agree to provide us with identity documents of each and every owner of the Property for compliance with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (“Money Laundering Regulations 2017”).

You agree to co-operate with any reasonable security checks or requests for information made by us from time to time.

You agree that you will not change the address of the Property.

You can cancel at any time within 14 days of contracting Smart Seller.

All cancellations within this time will incur an administration charge of £100.

Any other costs that have been incurred will also be charged.

You may ask us to remove your listing from Rightmove at any time, but you will not be entitled to any refund.

We may cancel our Agreement if you don’t give us information necessary to provide our service.

We have the right to terminate our Agreement with you, at any time, if our customer due diligence and/or money laundering checks fail (please note we may also have to cease to act without explanation).

We may terminate this Agreement if, within 10 business days of the Agreement date, you do not provide us with:

1. information necessary for us to provide the Services in full and/or
2. evidence allowing us to verify your identity and your ownership of the Property and/or
3. a valid EPC certificate or independent confirmation that an EPC has been commissioned.

We may terminate our agreement with you at any time by providing you with written notice if you have materially breached the terms set out within this document and:

1. you have not remedied that breach within 7 days of our notification of such breach(s)
2. that breach is incapable of remedy; or
3. you are in persistent breach of the terms of this Agreement.

You agree to provide your own material for us to market the property.

You must own, or have license to use, all intellectual property rights in all material provided to us to market your Property.

You must ensure you do not copy, or use without permission, the intellectual property rights of a third party.

We have the right to remove the Property from Rightmove immediately when we are notified, or made aware, of material provided by you that purports to infringe a third party’s intellectual property rights.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our sites constitutes a violation of their intellectual property rights or of their right to privacy.

You must provide true, accurate and up-to-date information about the Property.

You agree to disclose information that relates to the property in a clear, understandable and timely manner.

You agree that you will not provide to us information that you know, or believe to be false, inaccurate, or misleading.

You agree to keep information pertaining to the listing accurate and up-to-date.

You agree to disclose any material information that may impact on the average purchaser’s transactional decision about the Property. Sellers of leasehold properties must provide full and up-to-date information about service charges, ground rent, the length of years remaining on the lease, and any special conditions relating to the lease.

You agree to ensure the property listing stays accurate.

It is your responsibility to check your Property listing in full. You must notify us promptly of any incorrect or missing information prior to the Property being listed on the market.

Should you become aware of any information that is incorrect or missing, while the Property is listed on the market, you must notify us immediately.

Our use of your material

Our fee includes the marketing and advertising of your property for a period of 6 months from the date we confirm acceptance your property submission.

Upon receipt of payment, we agree to provide estate agency and marketing services on Rightmove for 6 months or until the sale has exchanged, whichever happens first.

Any and all content you submit to us for use to sell your property is considered to be non-confidential and non-proprietary. You shall retain all of your ownership rights of the content, but by submitting the content to us, you agree that to grant us and other users of our website a limited licence to use, store and copy, distribute and make it available to third parties.

Should the Property sale fall through, Smart Seller will relist the Property on Rightmove without charging any further fees for a period of 6 months from the date of the initial listing.

We do not guarantee that you will receive viewings requests, an offer or complete the sale of the Property. We will not be held liable for any losses, claims, damages, costs or expenses suffered or incurred by you or any other person should the Property not proceed to sell.

Our liabilities

You agree to ensure the safety of any visitor to your property.

We do not accept any liability for the safety of any prospective buyer or third party visiting your property.

We do not accept any responsibility for any loss or damage caused by a prospective buyer visiting the Property.

You agree that you will indemnify, and keep indemnified, from and against all direct costs, expenses, damages and losses, which may be suffered or incurred by us in connection with any third party claim made against us arising as a result of the seller’s breach of this Agreement or its legal responsibilities.

Our liability to you, in the case of our breach of these terms, shall not exceed the price you have paid for the Service you have purchased. Our liability shall not in any event include business losses such as loss of data, loss of profits, loss of contracts or business interruption.

We do not exclude or limit in any way liability for death or personal injury caused by our negligence or the negligence of our Associates, fraud or fraudulent misrepresentation; or breach of any terms implied by the Supply of Goods and Services Act 1982.

Website – Terms of Use

These terms of use are governed by English law – the courts of England and Wales have exclusive jurisdiction.

You agree that you are solely responsible and liable for all activities on the Website.

If you create an account, you must keep your account details safe. Any password, or information we sent to you as part of our security procedures, must be kept strictly confidential and you must not disclose it to any third party.

You must not attempt to gain unauthorised access to our site.

Should there be a suspected, or known, breach of security or any unauthorised use of your Login Details, you must contact us immediately at enquiries@smart-seller.co.uk

You must not introduce viruses, trojans, or other material that is, or is likely to be malicious or technologically harmful.

We do not guarantee that our website will be secure or free from viruses or bugs. We accept no responsibility for viruses. You remain responsible for maintaining appropriate virus protection software, configuring your information technology, computer programmes and platform to access our website.

To report inappropriate or illegal content and behaviour, please email enquiries@smart-seller.co.uk. Our team will review and assess whether the content is illegal or in breach of these terms of service. If we find either to be the case, Smart Seller will take action to remove it.

You may only use our website in a fair and legal way, that does not damage, or take advantage of, our reputation.

You must not suggest any form of association, approval or endorsement with us, where there is none.

You agree that you shall not submit any information, review, comment, images, link or any other material, in any format, that an average person may reasonably consider to be offensive, illegal, abusive, threatening, obscene, defamatory or libellous, or otherwise inappropriate.

In the event that Smart Seller considers that you have breached any of the terms set out in these terms, we reserve the right to take any action we deem necessary, including the termination without notice, of your use of, and access to our website. We reserve the right to instigate legal proceedings as appropriate.

Complaints Procedure

We hope you do not have cause to complain about us, but if you do, please email enquiries@smart-seller.co.uk

We take all feedback seriously and use it to improve upon our service.

A member of our management team will contact you the same day, or by the next working day, of your complaint.

We will do our very best to handle your complaint in a fast, fair, and transparent way.

We will review all documentation and correspondence and send a written outcome of the investigation.

If you are not satisfied with the outcome, we will provide details of how to contact The Property Ombudsman. The Property Ombudsman will independently review your complaint and how we handled it. The Property Ombudsman’s decision will be treated as final.

It is a good idea to save, or print, a copy of these terms for future reference. Please note that we sometimes need to update our terms.