These Terms and Conditions (Conditions) shall apply to all contracts for the supply of services as detailed on our website and selected by you (Services) by UK Settled Limited (Settled, us, we) to the Customer (you, whether sole or joint sellers) and to the exclusion of any other documentation or communication from you. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by Settled.
We reserve the right to change these Terms from time to time by changing them on our site, and by continuing to use our site, you accept these changes and agree to be bound by them. It is your responsibility to check the Terms each time you use our site.
If you are selling a property with another person (or persons) then you will all be treated as being bound by these Conditions and an instruction from one of you can be treated by us as an instruction from both/all of you and a payment can be recovered by us from any of you.
Other Applicable Terms
Information about us
Settled.co.uk is a site operated by Settled UK Ltd ("We"). We are registered in England and Wales under company number 8675785 and have our registered office at Runway East, 20 St Thomas St, SE1 9RS, London. We are a limited company.
Changes to terms and Legal Partner terms
Website Terms & Conditions
Whether as a guest or a registered user. Use of our site includes accessing, engaging and registering.
Our site is directed to people residing in the United Kingdom and any engagement or interaction with the services offered through our product is bound by UK Law. We do not represent that content available on or through our site is appropriate for use or available in other locations.
Changes to site
We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Ownership of site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Ensure that any information, data or documents provided by you to us, from time to time, are complete, All information provided is accurate, lawful and up to date and you will not post false, inaccurate, misleading, defamatory, or libellous- content.
- Cooperate with us in all matters relating to the Services;
- Respect the relationship between buyer and seller and will conduct themselves reasonably and lawfully with context the sale;
- Will not harass, intimidate or exhibit offensive behaviour to other engaged parties;
- On-demand provide us with such information, data or documents as Settled may require from time to time in order to supply the Services;
- Provide such assistance as Settled may reasonably require from time to time in relation to the Services;
- Immediately inform us if there is any change in your circumstances, which may affect the provision of the Services;
- Actively participate in the sale of your property including communicating promptly with potential purchasers and arranging viewings.
- If Settled’s performance of any of its obligations is prevented or delayed by any act or omission by you in connection with, or related to, the Services or failure by you to perform any relevant obligation (Customer Default):
- We shall without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy the Customer Default and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays our performance of any obligations;
- Settled shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in these Conditions;
- You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
Where a property is held jointly or is to be purchased jointly, we and our legal partners may accept and act on instructions from any joint owner or joint purchaser of the property and you agree to be bound by those instructions. Where a property is to be purchased by a company we will accept instructions from an authorised Director or the Company Secretary.
You should carry out your responsibilities in accordance with this agreement and as we request of you from time to time. You should bring to our attention immediately information or any discovery which you consider to be inconsistent with our understanding of your transaction, or any change in your circumstances, which may have a bearing on Settled and our Legal Partners acting for you or our provision of advice. It is particularly important that you provide us with instructions, information and requested forms and documents in a timely manner and that all information provided by you is true and accurate and not misleading to the best of your knowledge, information and belief. We cannot be held liable for any loss or damage arising from the information or for inaccuracy or other defect in any document supplied by you.
We shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
Selling a home
Settled Path for Sellers
Sellers registered on or after Monday 25th March 2019 agree to the following terms for the Settled Path.
Settled Path provides a full end-to-end service for Sellers and includes the facilitation of legal services via our Legal Partners to sell a Settled home (conveyancing). There is a £499 fee (VAT included), payable upfront before a home listing is live, which includes; a valuation of your home, professional photography, a floor plan, Energy Performance Certificate (if required), a for sale sign, advertising on major property portals including Rightmove, Zoopla and Primelocation (for a fixed period of 6 consecutive months, if no sale has been concluded in that period) and full access to settled.co.uk, where as a seller, you can manage all aspects of your home sale and a personal Settled guide with you all the way to moving day.
The remaining balance of fees in relation to conveyancing are payable upon completion and will be provided to the seller via a Settled quote, underwritten by our legal partners. The quote will provide a breakdown of all fixed disbursements. The seller agrees to pay the quoted legal fees when requested upon completion. In the event of failure to complete the sale, no conveyancing fees will be charged to the seller. From time to time additional legal fees may be incurred depending on the demands of the individual transaction when our Legal Partners are acting for you. In this circumstance all fees for additional services and documents will be subject to our Legal Partners Terms and Conditions. Settled will notify you of those fees and the purpose.
If your sale is subject to the below documents and these are no longer in your possession then an additional fee may be required from you to retrieve the same as any purchase will be conditional on these documents being made available to the purchaser's solicitors. Please see below for your reference documents which may be required from you:
- Planning Permission/Consents
- FENSA Guarantees
- Boiler Installation Certificate/Boiler Certificate
- Electrical Installation Certificate
- Gas Safe Certificate
- Guarantees for any other work that did not require planning permission/consent
As stated above where fees are incurred for additional legal works all payments to our Legal Partners must be received before and/or on date of completion. Where money is already held on account then these funds will be deducted accordingly.
For the avoidance of doubt an agreement is made when a customer has made successful payment of £499 (VAT included). You may cancel our agreement within the fourteen day period following the date the agreement is made. In all other cases, any refund shall be issued at the sole discretion of Settled. Please contact email@example.com for any cancellation enquiries.
There is no sole agency agreement when paying our marketing fees upfront before you set your home advert live.
For more information on the fees associated with the above, please get in touch at firstname.lastname@example.org or call us on 020 3322 8417
Buying a home
Settled Path for buyers
From 25th March 2019, Buyers can opt in to accepting additional terms for the Settled Path.
Settled Path provides a full end-to-end service for Buyers and includes the facilitation of legal services via our Legal Partners to purchase a Settled home (conveyancing).
All fees in relation to conveyancing will be provided to the buyer upon request, via a Settled quote, underwritten by our legal partners. This provides a breakdown of all fixed disbursements (costs which are incurred by Settled to get a home buyer-ready in advance of an offer being made). The buyer agrees to pay an upfront instruction fee, once notified by Settled of said fee which covers the cost of all preparatory work. The remaining balance of the Settled Path fees, as detailed in the quote provided, will be payable upon completion of the purchase. In the event of failure to complete the sale, no conveyancing fees will be charged to the seller.
When conveyancing services are required our legal partner will underwrite the legal work associated with your property, you will be asked to sign up to our legal partner terms. From time to time additional legal fees may be incurred depending on the demands of the individual transaction when our Legal Partners are acting for the buyer or seller. In this circumstance all fees for additional services and documents will be subject to our Legal Partners Terms and Conditions. Settled will notify you of those fees and the purpose.
As stated above where fees are incurred for additional legal works all payments to our Legal Partners must be made 14 days prior to or on the date of completion as this may delay the registration of your property at the Land Registry.
For the avoidance of doubt an agreement is made when a buyers offer has been accepted and a successful downpayment of £350 (VAT included) has been made. Where a cancellation has been made post offer acceptance that is not a consequence of a property defect, environmental issues, financial issues and or mortgage issue. Then the buyers down payment shall be non-refundable. In all other cases, any refund shall be issued at the sole discretion of Settled. Please contact email@example.com for any cancellation enquiries.
We accept no responsibility or liability for the services of our Legal Partners although it is our responsibility to keep all relevant parties informed of proposed deadlines and other relevant information throughout the settled path.
Further fees you may incur (Subject To Circumstances)
Home Buyers Survey
If you would like our legal partner to fully review your Home Buyers Survey for you, an additional fee will be charged. Please note that our legal partners are only able to give you advice on points of law; technical advice should be sought from a surveyor.
Leasehold properties fees
With leasehold purchase properties, management companies/freeholders may require additional administration fees; these will be determined part way through the transaction. The admin fees depend on how corporate the management company is and what the requirements are as per the registered lease.
Housing Associations fees
Housing Associations on shared ownership properties usually request one month’s rent and service charges to be paid up front on completion along with any general apportionments depending on when you complete. You could therefore end up paying up to two months’ worth up front.
Share of the freehold
If you are buying a share of the freehold by way of owning the leasehold and being granted with a Share Certificate for the freehold and the property is “managed”, some of the above fees will still apply. If the ownership is managed by a right to manage company only, i.e. by the leaseholders, the requirements and the associated fees may not be applicable. Our Fees become due at exchange of contracts and together with all expenses must be settled by the completion of the transaction. We will expect to be reimbursed for payments made on your behalf to third parties.
New Build Properties fees
With most new build properties, you may be asked to pay for the developer’s solicitor’s “engrossment fee” on completion. It is an administrative charge for them to engross/bind the final version of the lease (i.e. ring bind it). The exact fee is determined part way through the transaction. You will also be expected to pay an apportionment of your ground rent and service charges on completion, calculated from the completion date up until the next demand date (this is usually quarterly or every 6 months)
All additional legal work will be those stated in our Legal Partners terms and conditions. Where additional legal work is required the fees stated in their terms and conditions will prevail. Fees will be made payable on completion and clearly broken down in your completion statement for your reference and review. Settled will aim to notify all sellers and buyers of any outside legal work that may be required and will aim to assist where reasonably possible to aid in the completion of such a matter.
Subject to our obligations under the law to disclose certain information, we shall use all reasonable care to ensure that your confidential information is kept confidential. Because of the unregulated nature of the internet, any email received could conceivably be copied, read and tampered with. Though the chance of interception may be small, the risk could be great. By accepting our terms and conditions, with email as a method of communication between us and our Legal Partners, you agree that risk of loss of confidentiality or third party tampering is yours.
GDPR & Data Protection
GDPR Legislation requires your consent for holding and retaining data for any of the services which we provide to you. For us to proceed you must consent for us to hold whatever electronic data that is necessary to carry out your transaction. You consent that data can be retained for up to five years after your matter concludes or after the service is terminated. Your data will be shared with third parties where this is necessary to progress your work. For instance, when we purchase insurance for you or contact the Land registry we will share your name and address and other relevant data in order to progress your work.
We will not share your details with any other party unless you give us specific instructions to do so. We will retain the data in a secure manner in compliance with the Data Protection Laws. We will also keep some of your personal information so that we can contact you with legal updates and information about our services, which may be of interest to you. This information will never be passed to any third party for marketing purposes. You are confirming consent and in order to carry out your instructions we will assume you are happy with these arrangements and unless we are advised by you not to hold your data we will continue to do so. If you do not want us to hold your data we regret we are unable to perform our services. A copy of our Data & Security Policy is available on our Website or a copy can be sent on request.
Limitation Of Liability
Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by negligence.
However, if you are purchasing the Services in the course of your business, our liability to you whether for breach of contract, negligence or otherwise shall not exceed the sum of £100,000 per any one claim and we will not be liable under any circumstances to you or any third party for any indirect or consequential loss of profit or other economic loss howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. We cannot accept liability for items lost in the post or mistakenly posted to Settled in error.
If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the Conditions shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire or breakdown or interruption of equipment including third-party services in relation to equipment, and the party shall be entitled to a reasonable extension of its obligations.
Without limiting our other rights or remedies, we may terminate the Contract with immediate effect if you do not meet your obligations under this agreement.
We may terminate our agreement at any time without liability to you after your property has been listed on our website for six months if no sale has been concluded in that period.
For more information on these, please get in touch at firstname.lastname@example.org or call us on 020 3322 8417 - we'd love to hear from you.
Law and Jurisdiction
These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
Last updated: March 2019