Terms & Conditions

It is a prerequisite of the Estate Agents Act 1979 that you understand and accept our terms and conditions prior to instructing yellowstag.co.uk as the selling agents of your property.

These Terms act as our Service agreement please take the time to read through these before continuing to use the Website. These terms give you information about the terms upon which we agree to offer and the Products and Services we provide you with.

Upon registering or purchasing any products from the Yellow Stag Website and on each subsequent occasion you visit you will be deemed to have accepted all of the terms of use that apply to its use and to the facilities and services provided by it. We reserve the right to alter these terms of use at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the new terms of use.

Definitions

In these terms of use: “we/us/our” means Yellow Stag Limited; “Website” means the yellowstag.co.uk and all subsequent pages; “you”/ “your” means the user of the online services.

“Buyer/Purchaser” refers to the person buying your property.

“Completion Date” refers to the date of the completion of the sale of the Property between the Seller and the Buyer.

“Exchange Date” refers to the date on which contracts for the sale of the Property between the Seller and the Purchaser are formally exchanged.

“Listings” refers to your property advertisement.

‘Products & Services’ refers to each of the products and/or services offered from by Yellow Stag within the Website.

“Property” refers to the freehold or leasehold property to be offered for sale at the address for which you have instructed.

“Sale Price” is the final agreed price with your buyer for the sale of the property.

“Searcher” refers to a potential buyer perusing our website.

“Seller” this is the owner of the property or the person given the benefit to or who is entitled to sell the property.

“Services” refers to the estate agent services proved by yellowstag.co.uk that are set out in the terms and conditions.

“Yellow Stag” refers to Yellow Stag Limited (a company registered in England and Wales with the company number 9527925).

 

Instructing Yellow Stag

Full details of the Service and Products along with what is included and the price of each is detailed within the Website.

When you instruct Yellow Stag you confirm that you do so with the knowledge, consent and agreement of each and all of the legal owners and occupiers along with those who may have an interest in the marketing and/or sale of the Property. Further, you confirm that you have all relevant authorities and authorisations that are necessary or that are required to use our Product and Services.

The Fee’s

We will only charge you the Advertised Rates for the Products and Services we offer. The Advertised Rates shown are fixed and to be paid in advance of any services unless otherwise stated.

  1. Pay Now – If you have selected the pay now package you are subject to pay the shown fee prior to any works undertaken by us. This package entitles you to list your property with us for a 12 month period. If the sale of your property has not been completed within 12 months you will be subject to an additional reduced fee agreed with you at the time of extension.
  2. Pay Later – If you have selected the pay later package you will be liable to pay our fixed fee within 7 days of the contracted completion date or with 7 days of the completion of the 12 month listing period. Please note this fee is nonnegotiable and is payable regardless of any additional agents. If payment is not made within 7 days of the due date we reserve the right to charge interest at 4% above the then prevailing bank base rate of the National Westminster Bank. If we find it necessary to use solicitors or other parties or institute legal proceedings to recover or release monies due, you agree to pay all costs so incurred.

VAT

All our fees, costs and charges are inclusive of VAT (currently @ 20%).  Where VAT is applicable, this will be paid to us, regardless of where you live in the UK or elsewhere.

Refunds & Cancelations

Should you wish to cancel or withdraw any Products and Services you may do so at any time. However, refunds may only be given at the discretion of management, where a refund is agreed it will take into account all the costs already incurred by Yellow Stag. You can withdraw your advert at any time by contacting us at youragent@yellowsta.co.uk and by removing your property from your user account.

Approving your Advert/Listing

Should you take advantage of Products and Services where the Yellow Stag creates your Advert for approval, you will be notified by as soon as the Advert is available for approval. We always aim to do this as soon as reasonably possible.

You are responsible whatever to ensure that all photographs, descriptions, floor plans and information uploaded and/or used in any advertising and marketing are accurate, current and are in no way misleading. If any of the information you provide or approve is or is found to be in breach of these terms, it will be removed immediately and you will be subject to the terms and indemnities contained in this Agreement. However, there will be no full or part credit in respect of Advertised Rates under these circumstances.

Photographs

You can only upload photographs that show your property for marketing purposes.

Photographs must be no more than 10MB and the maximum number you can upload and/or save in total for each property is 25.

To ensure the best quality images, please be sure to follow the recommended settings as you upload your photographs. The uploading of photographs, which do not comply with these Terms, will be treated as a breach and may result in your Account being suspended and/or terminated, the property withdrawn from the market and a report being made to the relevant authorities (if applicable).

In order to ensure the best possible service for all of our customers we will examine any photographs that are uploaded by you in advance of them becoming live on the property portals and our Website. This process will be carried out on a daily basis to ensure that there is little or no delay in them becoming live.

We 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.

Energy Performance Certificate (‘EPC’)

If your property is within England or Wales is a legal requirement for you to have commissioned an EPC before we are able to start the marketing of your property. It is your responsibility to ensure that you have a valid and up to date EPC in place before your Advert goes live. This is a service we offer if required.

If you have a property in Scotland a valid Home Report for your property must be provided to us prior to us market your Property.

 Cancelation of an arranged property visit

This includes EPCs, Photographs, Floor Plans and property verifications. Our policy is that you can postpone an appointment at any time up until 5pm the working day before the visit without cost, so long as we have not already become committed to expenditure which cannot be avoided (e.g. travel costs). If we have already become committed to such costs, we will charge you accordingly although this would be a rare occurrence.

Cancellation or postponement of an appointment for any reason after 5pm on the working day prior to the visit incurs an automatic charge, equivalent to 50% of the full price of the job. This will vary from between £50 – £85 depending on the amount of service booked for your listing. A working day for this purpose is considered Monday to Friday; cancellations for Monday appointments must be made before 5pm on the preceding Friday.

Advertising and Marketing

We will advertise and market your property on such property portals, websites or publications as we consider to be the most effective at securing interest on your property from potential purchasers in our absolute discretion. We may withdraw or no longer take advantage of the services of such property portals, websites or publications at our absolute discretion.

For Sale Boards

Unless you instruct us to the contrary, we will erect our “For Sale” board at the property at the premises provided on your listing.

All boards shall belong to Yellow Stag 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 (currently £50).

Viewings

Yellow Stag will not conduct any viewings but can provide tips and advice on how to do so when requested.

Offers

We endeavor to notify you of all offers we receive to purchase your Property within 24 hours.

If you accept an offer to purchase your Property, we reserve the right to list the Property as ‘Sold Subject to Contract’ until the Completion Date.

Copyright and trade marks

All rights, including copyright, in the content of these web pages and in the photographs of any properties displayed on the Website from time to time and all database rights in our database of properties, are owned or controlled for these purposes by us.

All trade marks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms of use in any way confers on you any licence or right under any trade marks, names or logos.

We are not liable for any failure to perform any of our obligations under these terms of use caused by matters beyond our reasonable control.

Except as expressly permitted by these terms of use, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.

Liability

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise by implied by statute.

Any liability for a direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including without limitation any liability for:

Loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill;

wasted management or office time; and

for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an “as is” and “as available” basis.

We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.

We are not liable for any failure to perform any of our obligations under these terms of use caused by matters beyond our reasonable control.

Links to non-Yellow Stag sites

The Website contains hypertext links to websites that are not operated by us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.

Validity

By agreeing and confirming these Terms, you and we agree that:

  1. These Terms contain all the agreements and understandings between us relating to your property and replace any previous such agreement between us.
  2. In accepting these Terms you are not relying on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person relating to your property.
  3. These Terms can only be varied with your and our express agreement which we will put in writing. If a court decides or the law declares that any part of these Terms may not apply or are invalid the Terms shall continue to apply but as if the invalid or inapplicable part had been deleted from this copy of them.

 

Compliance

We undertake to comply with the terms and conditions of the Estate Agents Act 1979 and the Consumer Protection from Unfair Trading Regulations 2008 (“CPRs”) where those Acts relate to our appointment to you as your selling agent.

Consumer Protection from Unfair Trading Regulations ‘CPRs’

Under the CPRs it is a criminal offence for an estate agent to make inaccurate or misleading statements about your property (be they written or verbal), this includes the sales particulars, adverts and other marketing material, floor plans, photographs EPCs.  This includes anything that might portray the wrong impression about a property and includes omitting facts.

As a result:

  1. You are responsible for providing us with accurate information about the Property and must tell us immediately if there is any inaccuracy or misleading information in our sales particulars, adverts or any other information that we provide to prospective buyers and/or their representatives about the Property.  We will ask you to verify certain information and require you to assist us to the best of your knowledge, having made reasonable enquiries where necessary;
  2. You will be responsible for any additional costs incurred by us to ensure that the circulation of incomplete, inaccurate or misleading information is rectified and hereby indemnify us, our employees in respect of any losses, damages, expenses or other such costs incurred or for which we may be held liable which arise from you providing us with incomplete, inaccurate or misleading information or any failure by you to provide us with the necessary information regarding the Property as and when you become aware of it;
  3. You shall inform us immediately of any changes in the information that you provide in respect of the Property

Money Laundering

We are subject to the Money Laundering Regulations 2007 and the Proceeds of Crime Act 2002.

As a result:

  1. We will ask you for such information as we require to verify your identity (or the identity of the person / entity that you represent), which must be received before we can proceed with any work on your behalf;
  2. We reserve the right to terminate our relationship with you if you fail to provide such identification or we consider that the evidence provided is insufficient to discharge our obligations under this legislation (or such similar legislation as is in force from time to time);
  3. You acknowledge that we may also be required to provide information to the relevant authorities if we know or have reason to suspect that you (or the person/entity that you represent) are involved in money laundering.

Access to Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.

Content

In consideration of our agreeing to permit you to use the Website to search our database of properties, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. In particular, you must not use the contact details provided by sellers of properties to contact such sellers other than in connection with a genuine enquiry relating to the purchase by you of the property in question.

The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.

The Website contains material submitted and created by private and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.

We give no warranties, conditions, guarantees or representations, express or implied, as to:-

(a) the completeness or accuracy of the advice and information contained on the Website or any website to which it is linked;

(b) the content of the listings for properties included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such property;

(c) the completeness of the results of any search of our database or that the property selected by the search are the only property on our database which might meet the searcher’s requirements.

Links to the Website

You may establish a hypertext link to the home page of the Website, but not otherwise, without the need for our written consent, provided there is thereby no implied endorsement or sponsorship of you, your company or your website by us.

Registration details

To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username with we deem to be offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.

Complaints procedure

We aim for the sale of your property with us with us to be trouble free, but if you feel unhappy with the service you have received our complaints policy sets out how you can make a complaint.

If you are dissatisfied with how we deal with a complaint, you are entitled to refer the matter to The Property Redress Scheme within six months of receipt of our final view.

We are members of The Property Redress Scheme and abide by The Property Redress Scheme Code of Practice.  Please note that The Property Redress Scheme will only review complaints made by consumers. You agree that we may disclose information relating to the sale of the Property to The Property Redress Scheme if The Property Redress Scheme asks us for it.

General

We reserve the right to assign or subcontract any or all of our rights and obligations under these terms of use to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website and you will be entitled to terminate the account within 5 working days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms of use.

In the event that we have made your advert live by advertising it on www.yellowstag.comwww.rightmove.co.uk or www.zoopla.co.uk, we will for the purposes of the regulations have provided you an advertising service and as such you will not be entitled to a refund.

These terms of use of access together with our privacy policy contain the entire agreement and understanding between the parties relating to the Website, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. We exclude all representations and warranties relating to access to use of the Website, whether they are statutory or otherwise, as far as is possible by law.

If any of these terms of use shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

These terms of use shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.

If you do not agree to obey these terms of use you must stop using the Website immediately.