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As set out in the Estate Agents Act 1979, there is an requirement you understand and accept the terms and conditions when instructing KR Estates as the selling or letting agent for your property. By accepting our terms and conditions, you are confirming that you understand the terms as set out below. Please contact us in writing within 14 days, if there are any questions or queries regarding our terms. After this period, we will proceed on the basis that you are happy to accept them.

 

Information about KR Estates Limited

The kingroyal.co.uk website is owned and managed by KR Estates Limited, a company registered in England and Wales with the company registration number 9337032.

 

Terms of this agreement:

1.      The following words phrases and definitions within this agreement, unless the context otherwise requires, have the following meanings:

“Property” it is the property address for which you have instructed KR Estates Limited to sell or Rent on your behalf, as stated at the end of this agreement under the term “Property address”.

“Buyer” The person or persons buying your property.

“Tenant” A person renting - or interested in renting - your property.

“Sale Price” The price offered by the buyer for the sale of your property and agreed by yourself.

“Rental Price” The price offered by the tenant to rent your property and agreed by yourself.

“You” The owner or the Landlord of the property or the person who is entitled to sell or rent the property.

 “Seller” The owner of the property or the person who is entitled to sell the property on your behalf.

“Landlord” The owner of the property or the person who is entitled to rent the property on your behalf.

“Commission” The amount payable to other estate agents in respect of their fees due for the introduction of a buyer who legally completed on the purchase of your property.

 “Exchange date” The date at which contracts are legally exchanged for the sale of the property.

“Completion Date” Date which is agreed by both the seller and buyer for the completion of the sale/purchase.

 “KR Estates” or “We” Means KR Estates Limited, a company registered in England, company registration number, 09337032.

“Portals” This means that your property is being listed on the KR Estates website and on our partner sites.

“Property” The property that you have entered into your account which you have instructed us to market for sale or rent.

 

General Terms and Fees

 

2.      All upfront Fees are paid to KR Estates Limited. All fees are to be paid in accordance with the marketing package offered. The fees cover all administration fees, verification of listing the property, all portal partners listing and any checks to verify the owner of the property.  Professional photography, professional floor plans are offered as add-on and are available as an extra. No other commission is payable to KR Estates limited for showing and introducing your property to any buyers or Tenants by KR Estates or registered as a member on KR Estates. By choosing our selling package, KR Estates will be instructed by you upon a multi-agency basis for a maximum term specified by each of the packages selected. Your property will be taken off all Portals after your particular marketing period expires (or when your property is sold / exchanged / rented). The marketing period starts on the day KR Estates sets your property live. You can purchase extra months, if you wish to extend your marketing period. All costs quoted on the site will be subject to VAT.

 

2.1   Your fee is for marketing one property only. Extra properties can be added at any time as a separate contract with KR Estates per each property.

2.2   It is your responsibility to ensure that you are allowed to advertise with us at the same time your property is being advertised by another agent. You can stop your listing within 24 hours, if it is stated with other agents terms of contract that it does not allow you to advertise with any other agent but you will not receive any refund (except in the case outlined in clause 13, below). If the other agent sells your property while advertising with more than one agent, then you are not subject to any further fees from KR Estates Limited. But the other agents may be entitled to their fees under their contract.

2.3   Add-ons that are listed on www.kingroyal.co.uk website may change from time to time and you are not entitled to any discount if the add-ons that have been bought and reduced at a later date.

2.4    The collection of tenancy deposits will be the responsibility of the landlords as KR Estates will not be responsible for holding deposits from any of the tenants. It is up the Landlord to decide who should carry out credit checks on proposed tenant(s). On instruction of the Landlord, KR Estates will carry out the tenant reference per tenant over 18 years of age. The reference is undertaken by a professional third party and therefore any fee payable is non refundable. In the event of an unsuccessful application, it will be the landlord’s decision on whether they wish to accept a tenant. 

2.5    If the landlord decides to withdraw from the tenancy application once passed references have been submitted, the landlord explicitly agrees to refund the tenant the reference fees in full within 7 days.

2.6   FEES as advertised on the website www.kingroyal.co.uk.  Please note the fees do change on our website from time to time and we will not refund the difference. You are not entitled to any discount if the fee is reduced at a later stage.

 

 

3.      Your listing is with KR Estates and their portal partners which can change without notice. We confirm at the point of instruction that we are a Member of the TPO scheme, and subscribe to its Code of Practice. If one is required, please ask us for a copy. By law, you must comply with the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the Business Protection from Misleading Marketing Regulations 2008 (BPRs). The Consumer Protection from Unfair Trading Regulations 2008 requires you to disclose any information of which you are aware in relation to the property in a clear, intelligible and timely fashion. The Business Protection from Misleading Marketing Regulations 2008 (BPRs) requires you to take all reasonable steps to ensure that all statements you make about a property are truthful, accurate and not misleading, whether oral, pictorial or written.

 

3.1   KR Estates will list your property on third party website portals and are subject to change, as they are not controlled by KR Estates and therefore we are unable to guarantee continued presence on these websites. Third party portals can encounter loading issues with property listings and so KR Estates is unable to offer any guarantee when the listing will be back up live and showing on that particular property portal while attempting to resolve any issue. It is the policy of KR Estates to upload all property details on to our own property portal at all times. At times, parts of your listing may not entirely feed to our portal partners, it is therefore your responsibility to check your listing and inform us of anything not showing correctly or any missing elements. All listings are dependent on the timings and length of times as set out in point 3.2 below.

3.2  Once signed up and the property details approved by you, the seller or the landlord, we will market your property for the months specified for each of the packages, during which time it will be listed on our website and all partner websites. If you do not instruct KR Estates to carry on marketing your property after the initial period lapses, then the property listing will automatically expire and your agreement with KR Estates will come to an end.

3.3  As part of our add-on marketing services, we will instruct our agents to take professional photographs, construct floor plan and to check the property details that you initially provided KR Estates. It is important that property details are to be as accurate as possible in order for them up to be uploaded onto our partner portal sites. You are obliged to keep the appointment once our agent has made a date to visit your property. A charge of an extra £50 +VAT will be applied if a photographer was booked and it is found that the agent arrived for his appointment but you were not at the property. The allocated cost to us for our agent’s visit will not be refunded if we have to cancel the visit due to you not wishing to continue marketing your property with KR Estates.

3.4  You must have permission to use any photographs, if you supply your own photographs for the property. If we are notified by a third party that the photographs used are not permitted for use by the vendor, then KR Estates have the right to take your listing off our partner portals. KR Estates 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 KR Estates are providing your photographs, then the fee paid will be for taking photographs for only one property. There will be an additional charge if a property has outbuildings or holiday lets. The same will apply for any additional floor-plans required.

3.5   With the exception of Scotland and Ireland, our agents cover most of the UK

3.6   KR Estates does not agree to take legal responsibility for any loss, damage or inconvenience caused by third party contractors.

 3.7   Kingroyal.co.uk cannot be used to advertise properties on behalf of other letting agents.

3.8   We only provide advice on the possible valuation price of the property from data compiled from various sources such as Rightmove, Zoopla, and the Land registry which take into account national and regional trends within the housing market. Any price provided by KR Estates should only be used as guideline and the price at which you decide to market your property will be solely down to the seller or the landlord. The guideline price provided by KR Estates should not be used to secure any mortgage, loans or other financial packages where such information is required. You should contact your local registered property valuation expert who will provide you a more accurate valuation for your property.

 

4.      Premium listing on all our partner portals is provided as part of our Premium marketing package.

 

5.      Viewings / messages and Offers received for your property

 

5.1  Prospective purchasers and tenants will be encouraged to message you directly via our website. Their information will not be passed on apart from their contact details. We will vet every message and only forward messages that we feel are appropriate and related to the property. All messages and offers will be stored using 246 bit encryption.

5.2  Viewings will be made either via our online viewing form, email or by requesting to make a viewing via the telephone. Once a viewing has been arranged with the seller or the landlord, a confirmation email will be sent to both parties which will list the property address, the time of the viewing, details of both parties and their respective contact details (name, email and phone numbers). KR Estates have no responsibility if either party (applicant or vendor or tenant) do not show up for a viewing after confirmation has been sent to both parties.

5.3  KR Estates confirms that (unless otherwise instructed in writing by you, the seller or the landlord) in accordance with the Estate Agents Act 1979, we will forward you all offers from prospective purchasers and tenants within 2 days of receiving them in writing including email correspondence.

5.4  Once a sale has been agreed, KR Estates will prepare and send out a Memorandum of Sale by email to you directly, your online account and to both sets of solicitors involved with the sale of the property. A copy will also be sent to your prospective purchaser.

5.5  We will notify you of all appointments with prospective purchasers or tenants which you can either accept or decline.

5.6  An email confirming the viewing will be sent to the seller(s), Tenant(s), landlord(s) and the prospective buyer(s) setting out the address of the Property, the time of the viewing and the name and telephone numbers of both parties once a viewing has been arranged. It will be your responsibility to conduct the viewing and KR Estates assumes no further responsibility in this respect. KR Estates will not be required to provide a representative or local agent to physically attend the viewing.

6.      Your obligations as the Seller(s) and Lordlord(s):

 

6.1   The Seller(s) and the Landlord(s) hereby confirms and covenants have the necessary authority, power and capacity to enter into this agreement;

6.2   The Seller(s) and the Landlord(s) hereby confirms and covenants that the legal owner(s) of the property; or have the authority from the legal owner  to sell or rent the property on the above terms;

6.3  Under the Money Laundering Regulations of 2003, KR Estates 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 by uploading them into KingRoyal.co.uk, which will be secured using 246 bit encryption.

6.4  The seller can provide a valid EPC or order an EPC for their property. However, as an add-on to our marketing packages, we can carry out an EPC assessment for an additional fee but cannot provide a refund once ordered.

6.5  It is the seller(s) or the landlord(s) responsibility to check the advert to make sure all property details are accurate.

 

 

7.      Your obligations as the Buyer(s) or the Tenant(s):

 

7.1   It is the responsibility of the Buyer(s) or the Tenant(s) to check the property corresponds with the advert.

7.2   Before committing to any purchase, we recommend you view the property and obtain advice from a licensed conveyance/property lawyer and a  surveyor.

 7.3   You are responsible for attending viewings for the property which you arranged with the seller or the landlord. Should you be unable to attend a view we request you contact the seller or the landlord directly. It is the Landlord or the Seller responsibility to make sure the property is safe for visitors. Prior to / during or post viewing KR Estates can NOT be held credit for any accidents or reference damages.

7.4  Initial viewings for properties are by appointment only and you are not permitted to enter into viewings directly with the seller or landlord; all initial communications will handled via the KingRoyal.co.uk website.

7.5  If the seller or the landlord has more than one prospective buyer or tenant, it is the seller or the landlord who chooses with whom to transact for the sale or rental of the property. The seller or the landlord has total discretion and does not, for example, have to choose the highest offer or rental price. The seller or the landlord may also choose not to sell or rent out the property at all.

7.6  "Sold, subject to contract" status will only be achieved for the property when the Seller indicates that the price offered for the purchase of the property is acceptable to them. When an offer is accepted by the Landlord or the Seller (subject to reference), we shall mark your property as “Under offer”.

7.7  The Buyer(s) and the Tenant(s) agree that we may pass your personal information to reference agencies and that they may keep a record of any search that they do. We will not pass your details to any third party service provides without your knowledge with whom we may outsource certain services to.

7.8  The Tenant agrees to pay the Tenant reference fee as advertised on Kingroyal.co.uk over the age of 18 once the offer has been accepted.

 7.9  KR Estates hold no responsibility for any disagreements or disputes that may arise throughout a tenancy term.

 

8.      Property Misdescriptions Act 1991

 

8.1  Your property details will be verified before marketing of the property can commence. Our local agent will approve details for properties advertised for sale. 

8.2  To ensure compliance with the Property Misdescriptions Act 1991 and to ensure that neither KR Estates nor the seller becomes involved in any legal action, the Seller must inform KR Estates immediately of any incorrect information within the sales particulars from the outset or at any point during the marketing or sale of the property.

8.3  Any amendments that you make to your property listing will be fully vetted by KR Estates and will not be posted if we feel they are not valid and will be removed without notice.

8.4  KR Estates reserve the right not to publish any information provided by the seller in order to comply with the Property Misdescriptions Act 1991. Also any other publication (our brochure for example); may be subject to change at any time. If changes are made to the website especially prices, they may not be amended in the brochure.

8.5  The seller shall indemnify KR Estates, its proprietors, directors, employees or agents against any claim made in respect of the Property or any mis-descriptions herein that arises wholly or partially out of the act or default of the seller.

 

9.      No sale boards will be provided by KR Estates as part of any of their marketing packages.

 

10.   Unoccupied property

 

10.1        During marketing or once a sale has been agreed, KR Estates cannot accept any responsibility for the maintenance or repair of unoccupied properties.

 

11.   Energy Performance Certificate (EPCs)

 

11.1        An EPC must be commissioned by KR Estates (unless a valid EPC already exists) prior to marketing your property. As soon as the EPC or proof of order is available in full, KR Estates will market your property.

 

12.   Payments via Barclays Payment - All credit card information will be collected securely by Barclays Payment their secured site.

 

12.1        Refunds may only be given at the discretion of the KR Estates management. When a refund is agreed, it will take into account all costs already incurred by KR Estates with regards to marketing and including allowing for costs at the time spent as well as any external costs incurred for EPCs, floor plans and brochures.

 

13.   Complaints; In accordance to the guidelines set out by the property ombudsman, all complaints are to be made in writing and will be dealt with swiftly and professionally by KR Estates management.

 

Right to Cancel

 

14.   You may cancel at any time within 14 days of contacting KR Estates, but there will be a cancellation fee of £50 +VAT for sales and £10 +VAT for rentals to cover our set up costs.

 

14.1        Subject to clause 13, after the 14 days you may ask us to remove your details at any time from our website but you will not be entitled to any refund.

 

Intellectual Property Rights

 

 

15.   KR Estates and/or its licensors own all rights in the intellectual property rights relating to the Services and the Website.

 

16.   You are expressly prohibited from:

 

16.1        copying, reproducing, editing, transmitting, uploading or incorporating into any other materials, any of the Service and the Website including without limitation, any articles, information, photographs, images or submissions in ups made available to you using the Services and the Website.

16.2        modifying, altering, removing or using any registered or unregistered marks/logos/design owned by KR Estates and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of KR Estates or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to KR Estates.

 

Your General Obligations

 

17.   Whether you are a registered user or an Unregistered user, you agree that you are solely responsible and liable for all activities on the Website.

 

17.1        In the event where there has been a breach of security or any unauthorised use of the Login Details where you are a registered user, you must notify KR Estates by email at [email protected]

 

17.2        You shall not submit to appear on the Website, any information, Property Data (defined below) review, comment, images, link or other material whatsoever in any format that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:

 

17.2.1     harass or advocate harassment of another person;

17.2.2     display pornographic or sexually explicit material;

17.2.3     promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

17.2.4     provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;

17.2.5     promote or contain information that you know or believe to be inaccurate, false or misleading;

17.2.6     promote any conduct that is abusive, threatening, obscene, defamatory or libellous;

17.2.7     infringe any rights of any third party;

17.2.8     engage in or promote commercial activities and/or sales, without the prior written consent of KR Estates;

17.2.9     promote any illegal activities.

 

17.3        You agree that KR Estates may, at its sole discretion, choose to display any User Submission or any part of a User Submission that you make on their Website and hereby grant to KR Estates a non-exclusive, perpetual, irrevocable, worldwide licence to do so.

 

17.4        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.

 

17.5        You hereby grant to KR Estates 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 KR Estates deems it necessary or desirable to do so for any reason.

 

17.6        You hereby allow KR Estates to edit the User Submissions in the event that it may deems necessary or desirable to do so for any reason and grant to KR Estates non-exclusive, irrevocable licence to make the User Submissions available to other media. This can also include KR Estates portal partners who may be listing your property on behalf of KR Estates and may contact you regarding their services.

 

17.7        You are advised to contact KR Estates using the contact details set out on the Website, if you feel that any User Submission made by other Registered and Unregistered Users is objectionable. KR Estates 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.

 

17.8        You further agree that at all times, you shall:

 

17.8.1     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;

17.8.2     not allow any other persons to use your Login Details, if you are a Registered User;

17.8.3     not use your Login Details with the intent of impersonating another person if you are a Registered User

17.8.4     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;

17.8.5     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;

17.8.6     not use any information obtained using the Website otherwise than in accordance with these Terms;

17.8.7     comply with all instructions and policies from KR Estates from time to time in respect of the Website;

17.8.8     co-operate with any reasonable security or other checks or requests for information made by KR Estates from time to time;

17.8.9     use the information made available to you on the Website at your own risk.

 

17.9        In the event that KR Estates, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 16, KR Estates 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.

 

17.10     It is the Landlord’s responsibility to:

17.10.1   keep your rented properties safe and free from health hazards

17.10.2   make sure all gas and electrical equipment is safely installed and maintained

17.10.3   fit and test smoke and carbon monoxide alarms

17.10.4   provide an electrical safety certificate.

17.10.5   provide an gas safety certificate.

17.10.6   to make sure all furnishings within the Landlords’ property pass Fire Safety regulations 1998

17.10.7   provide an Energy Performance Certificate for the property to be rented. An EPC gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and is valid for 10 years.

 

17.11     Right to Rent; It is the Landlord’s responsibility to carry out “Right to Rent” checks against the tenants that are chosen to rent their properties. You can get more information from the following government website:

https://www.gov.uk/check-tenant-right-to-rent-documents/who-to-check

 

17.12     KR Estates 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, in the event that KR Estates, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 16. The instigation of legal proceedings as appropriate will proceed in the case of illegal use.

 

17.13     KR Estates 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 without prejudice to any of KR Estates's other rights and remedies.

 

 

KR Estates Limited – Registration No. 09337032

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