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Our Website and Services connects people who have properties for sale ("Seller(s)") with people who are interested in buying properties ("Buyer(s)"). You don't have to be a Buyer or Seller to use these Services. Certain terms only apply to Buyers and Sellers, as noted herein.
These Terms apply to all users of our Website. Other terms and conditions may apply to the Services that we provide to you. You should read the applicable Terms and our Privacy Policy carefully as they affect your rights and liabilities under the law.
Buyers, Sellers and all other users of the Services can be collectively called "Users" in these Terms. However, you should understand that some of the Terms apply directly to Buyers and / or Sellers in certain instances.
In the Terms references to "we", our" or "us" are to Buy2Let (Buy to Let).
Also, if you are accessing and using the Services on behalf of a Buyer, Seller or other person, or an entity or company (such as your employer, a corporation or a trust), or acting as the agent of any of the foregoing, you represent and warrant that you have the full legal authority and capacity to bind that Buyer, Seller or other person, or entity or company, to the applicable Terms. In that case, "you" and "your" will refer to that Buyer, Seller, person, agent, or company or other entity.
It is your responsibility to check for any changes to the Terms. We recommend that every time you wish to use the Website or the Services, you check the Terms that apply at the time.
Your continued use of the Website and the Services will indicate your acceptance of the Terms that apply at the time. You should not continue to use the Website and Services if you do not agree to the changes to the Terms
This policy includes information on how we collect, use and disclose information from our Users and your agreement to the Terms and use of the Services also constitutes your acceptance of the terms of the Privacy Policy.
It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up to date. If you don't, Buy2Let (Buy to Let) may suspend or terminate your Account.
You agree that you won't disclose your Account password to anyone, and you'll notify us immediately of any unauthorised use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about, or consent to, them.
You may wish to obtain professional or specialist advice before taking any action on the basis of the content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
You acknowledge that the Services and Content are protected by copyright, trademark, and other laws around the world. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
You hereby grant to Buy2Let (Buy to Let) a non-exclusive, transferable, sub-licensable, worldwide, perpetual, royalty-free license to (i) use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services to you or to other Users; and (ii) use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute (without attribution to you) any Content we obtain from your property manager.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Buy2Let (Buy to Let) on or through the Services will infringe, misappropriate or violate a third-party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We reserve the right to remove or modify any content including any User Content for any reason, including any content and User Content that we believe breaches the Terms.Our provision of the Third-Party Content does not mean that we have endorsed the third parties or the Third-Party Content that they have provided. Your use of the Third-Party Content is at your own risk and Buy2Let (Buy to Let) disclaims all liability relating to your interaction with the Third-Party Content or the applicable third parties.
You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
We will only introduce you to these service providers where we reasonably believe that the third-party is able to provide relevant products and services in a competent and professional manner and with your approval. You are not required to use those products or services and are under no obligation to enter into any arrangement with any third-party that we introduce you to.
In some cases, we may be paid a commission or a referral fee by these third parties. You expressly agree that we may accept and retain in full any commission or payment made to us as a result of that introduction and that any such commission or payment will not be off-settable against any fees or any other costs or charges that are payable by you.
We may use the services of subcontractors and/or sub agents for the purposes of marketing your Property and fulfilling our obligations to you.
You agree that we may contact you in any way, including SMS messages (text messages). In the event that an agent, representative or affiliate calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
We will comply with applicable legal requirements, including requirements to obtain your consent.You may also cancel your Account or request to delete your data at any time by sending an email to us at [email protected].
Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions will survive, contract with Buyers, contract with Sellers, indemnity, limitations of liability and any other provisions which by their sense and context are intended to survive.
A Seller's Agreement shall continue for the Initial Period set out in the Agreement and will continue thereafter until one party gives to the other not less than 28 days’ notice in writing terminating the Agreement (such notice not to expire at any time before the last day of the Initial Period).
Termination notices should be by email to [email protected] or delivered by hand to Buy2Let office at No. 38 Awudu Epehkha Boulevard, Lekki Phase 1. Lagos.You should write to our Compliance Officer, setting out the details of your complaint, to [email protected] or hand delivered to Buy2Let office at No. 38 Awudu Epehkha Boulevard, Lekki Phase 1. Lagos.
Our services are different to traditional estate agents; we focus on facilitating the sale of residential investment properties for both Buyers and Sellers.
It is important that you read the whole of this to ensure that our Services are right for you. If there is anything you do not understand, please ask us.
The following words and phrases shall, unless the context requires otherwise, have the following meanings.When you agree to instruct Buy2Let (Buy to Let) to sell your Property, you will need to submit information to us about the Property, including without limitation, images, general property information, tenant documentation, valuation estimates, conditions, repairs, cost estimates and lease information.
You hereby grant a license to Buy2Let (Buy to Let) to use such information in order to operate the Services. It is important that such information be complete and accurate as we do not verify any such information or User Content you provide to us.
We may provide Additional Property Information for Listings. You agree that you are responsible for all Listings and for keeping the Listings information current and up to date, including information relating to the tenancy or condition of the Property. We reserve the right to reject a Listing for any reason in our sole and absolute discretion.
The Initial Marketing Price will be set at the level discussed and agreed with you for marketing purposes and is not indicative of the best market price which may be obtained for the Property. You acknowledge and agree that we are under no obligation to disclose to you comparable pricing information, confidential information or marketing strategies relating to other properties.
The Initial Marketing Price does not represent a formal valuation of your Property. You acknowledge that we have not carried out a structural examination of the Property and that we have assumed that there are no defects, third-party rights, covenants or conditions affecting your Property.
The Seller agrees that they will provide information that is accurate and not misleading and they must not omit to disclose anything material that may impact on the average consumer’s transactional decision in relation to the Property, including if the Property has any issues (for example, if the Property lacks required planning permission, if Japanese knotweed is present, if major works are required, if the length of years remaining on the lease is less than 100 years etc). If the Property is a leasehold property the Seller must provide details of service charges, ground rent, the length of years remaining on the lease, and any special conditions relating to the lease.
The Seller must notify us immediately if any aspect of the sales details, including the description of the Property or the tenancy, change or become inaccurate or misleading.
If you have previously instructed another agent to act for you, or if in the future you instruct another agent, then you may become liable to pay the other agent a fee as well as the Seller Fee due to us under the Agreement. You should consult the terms & conditions of any agreement you have entered into with any other agent.
If the Property has an offer accepted by you through another agent or any details change about that Property Listing, you must notify us immediately of the changes.Buy2Let (Buy to Let) may in its absolute discretion waive or reduce the Withdrawal Fee.
It is the Seller’s responsibility to ensure that the Property is in a safe and suitable condition for the viewing and, where applicable, that our representative or agent has access to the Property at the agreed date and time. If the Property has tenants in occupation, then the Seller must ensure that the tenants have given their consent to any viewings before they take place and the Seller must provide them with at least 24 hours’ notice.
The Seller must endeavour to respond to any offer within 24 hours of receiving it, the outcome of which we will communicate to the Buyer.
Once an offer is accepted by the Seller this will be confirmed to the buyer and the Seller agrees that Buy2Let (Buy to Let) can automatically forward their details and the details of the buyer to both theirs and the buyer’s conveyancer or solicitor.
We may in our absolute discretion waive or reduce any element of the Fees.
If more than one person signs the Agreement then liability for payment of the Fees will be joint and several, which means that we may apply to either person to pay the full sum owing in fees, costs and any agreed expenses.
As a Seller, you give your legal representatives (including those to be appointed at a future date) the authority to pay us out of the sale proceeds, immediately upon completion of the sale of the Property, our Fees.
The Seller Fee becomes due on exchange of unconditional contracts and payable on completion of the sale and deducted at source.
As a Seller, if you have instructed us on a ‘Sole Selling Rights Agency’ basis then you will be liable to pay us the Seller Fee if either:
As a Seller, if you have instructed us on a ‘Multiple Agency’ basis then you will be liable to pay us the Seller Fee if at any time within 6 months after the termination of the Agreement a sale is agreed with a Buyer who was introduced by us to you or the Property or with whom we had negotiations about the Property during that period.
As a Seller, you may also be due to pay us a Withdrawal Fee in certain circumstances. Please refer to the section titled Withdrawal Fee.The Seller will be liable to pay Buy2Let (Buy to Let) the Withdrawal Fee if within the Initial Period they request that Buy2Let (Buy to Let) stop marketing their Property (including removing the Property from the Website, or if they appoint Buy2Let (Buy to Let) on a Multiple Agency basis and accept an offer from a Buyer not introduced by Buy2Let (Buy to Let) during the Initial Period. Buy2Let (Buy to Let) may in its absolute discretion waive or reduce the Withdrawal Fee.
Buy2Let (Buy to Let) is not responsible for any damage or harm resulting from your communication or interaction with Sellers or other Buyers. We may, on the Seller's behalf, provide Additional Property Information to Buyers via the Services about a Seller's Listing.
Buy2Let (Buy to Let) makes no representation that the Additional Property Information provided is accurate or complete. With respect to a Property which the Buyer is interested to purchase, the Buyer represents that they have reviewed and understands all information available on the Website as to such Property. The Buyer also understands that any estimated financial information displayed on the website is based upon third-party information which has been obtained by Buy2Let (Buy to Let) and reasonable assumptions made by Buy2Let (Buy to Let). The Buyer further understands that any such financial information is as a guidance only, is based on estimates and assumptions, may not be accurate or complete and is subject to change. Any Buyer who relies on such information does so at their own risk.
The Buyer understands and acknowledges (i) that investing in property is risky and unpredictable; (ii) that the property market has its downs and ups; and (iii) that the Property you purchase might not be able to be rented at amounts sufficient to cover debt interest costs, operating expenses and liabilities, and might not result in a positive cash flow.
The Buyer understands and acknowledges that the value of any Property purchased may decline after it is purchased and that future property values are unpredictable and may go down. The Buyer also acknowledges and agrees that Buy2Let (Buy to Let) is not a financial advisor or tax advisor and that they must make their own investment and tax decisions either alone or with the assistance of professional advisors.
Buy2Let (Buy to Let) is not responsible for any damage or harm resulting from your communication or interaction with Sellers or other Buyers. We may, on the Seller's behalf, provide Additional Property Information to Buyers via the Services about a Seller's Listing.
Buy2Let (Buy to Let) makes no representation that the Additional Property Information provided is accurate or complete. With respect to a Property which the Buyer is interested to purchase, the Buyer represents that they have reviewed and understands all information available on the Website as to such Property. The Buyer also understands that any estimated financial information displayed on the website is based upon third-party information which has been obtained by Buy2Let (Buy to Let) and reasonable assumptions made by Buy2Let (Buy to Let). The Buyer further understands that any such financial information is as a guidance only, is based on estimates and assumptions, may not be accurate or complete and is subject to change. Any Buyer who relies on such information does so at their own risk.
The Buyer understands and acknowledges
(i) that investing in property is risky and unpredictable;
(ii) that the property market has its downs and ups; and
(iii) that the Property you purchase might not be able to be rented at amounts sufficient to cover debt interest costs, operating expenses and liabilities, and might not result in a positive cash flow.
The Buyer understands and acknowledges that the value of any Property purchased may decline after it is purchased and that future property values are unpredictable and may go down. The Buyer also acknowledges and agrees that Buy2Let (Buy to Let) is not a financial advisor or tax advisor and that they must make their own investment and tax decisions either alone or with the assistance of professional advisors.
will be limited to a claim against the particular Seller or other third parties who directly caused you harm and you agree not to attempt to make a claim for damages or liability against Buy2Let (Buy to Let).