Terms of Service

1. Acceptance of Terms

By accessing or using Estate Culture Ltd's services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

These terms constitute a legally binding agreement between you ("Client," "you," or "your") and Estate Culture Ltd ("Estate Culture," "we," "us," or "our").

2. Definitions

For the purposes of these Terms:

• "Services" means all estate agency services provided by Estate Culture, including property sales, lettings, management, and valuations.
• "Property" means any residential or commercial property listed with or managed by Estate Culture.
• "Seller" means the person or entity selling a property through our services.
• "Buyer" means a person or entity purchasing a property.
• "Landlord" means the owner of a property available for rent.
• "Tenant" means a person or entity renting a property.
• "Agreement" means any contract entered into between you and Estate Culture for the provision of services.

3. Our Services

3.1 Property Sales

We provide comprehensive property sales services including:

• Property marketing and advertising
• Professional photography and floor plans
• Accompanied viewings
• Negotiation with prospective buyers
• Guidance through the sales process
• Liaison with solicitors and other professionals

3.2 Lettings Services

Our lettings services include:

• Tenant finding and referencing
• Property marketing
• Tenancy agreement preparation
• Deposit protection
• Rent collection (if management service selected)
• Property inspections

3.3 Property Management

Full property management services encompass:

• Regular property inspections
• Maintenance coordination
• 24/7 emergency support
• Rent collection and arrears management
• Compliance with safety regulations
• Tenant relations

4. Registration and Account

4.1 Account Creation

To access certain services, you may need to create an account on our website. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password
• Notify us immediately of any unauthorized use
• Be responsible for all activities under your account

4.2 Account Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use our services.

5. Property Listings

5.1 Accuracy of Information

All property information is provided in good faith based on information supplied by sellers/landlords. While we make reasonable efforts to ensure accuracy, we cannot guarantee that all information is completely accurate, up-to-date, or complete.

5.2 Property Descriptions

Property descriptions, measurements, and photographs are for guidance only. All interested parties should:

• Verify information independently
• Conduct their own surveys and inspections
• Seek professional advice where necessary
• Not rely solely on listings or marketing materials

6. Property Sales Services

6.1 Sole Selling Rights

If you appoint Estate Culture as your sole agent, you agree that:

• We have the exclusive right to market your property
• Our commission is payable regardless of who introduces the buyer
• You will not instruct another agent during the agreed period
• Commission is due if the property is sold during the agency period

6.2 Joint Sole Agency

Under a joint sole agency agreement:

• Two agents jointly market the property
• Commission is payable to both agents
• No other agent may be instructed during the agreement period

6.3 Multiple Agency

If you choose multiple agency:

• Multiple agents can market your property simultaneously
• Commission is only paid to the agent who introduces the successful buyer
• Fees may be higher than sole agency arrangements

6.4 Withdrawal of Property

If you withdraw your property from sale:

• You must notify us in writing
• Marketing costs may be chargeable
• If a buyer introduced by us subsequently purchases, commission remains due

7. Lettings Services

7.1 Landlord Responsibilities

As a landlord using our services, you warrant that:

• You have the legal right to let the property
• The property meets all legal safety requirements
• All necessary certifications are valid and current
• The property is fit for habitation
• You have appropriate landlord insurance

7.2 Tenant Finding

Our tenant finding service includes:

• Property marketing for a minimum period (typically 4 weeks)
• Conducting viewings
• Tenant referencing and credit checks
• Right to rent checks
• Tenancy agreement preparation
• Deposit registration with approved scheme

7.3 Rent Collection

If you select our rent collection service:

• Rent is collected from tenants monthly
• Funds are transferred to you within 5 working days
• We handle arrears management
• Monthly statements are provided

8. Property Valuation

8.1 Valuation Service

We offer free property valuations which are:

• Based on current market conditions
• An opinion, not a formal surveyor's valuation
• For guidance purposes only
• Not a guarantee of the final sale or rental price

8.2 Market Appraisal

Our valuations consider:

• Comparable properties in the area
• Current market trends in Coventry
• Property condition and features
• Local amenities and transport links

9. Fees and Payment

9.1 Commission Structure

Our fees vary depending on the service and are agreed in writing before instruction. Typical commission rates:

• Sole Agency Sales: 1.2% - 1.8% of sale price + VAT
• Multiple Agency Sales: 2.0% - 2.5% of sale price + VAT
• Lettings (Tenant Find): Equivalent to one month's rent + VAT
• Property Management: 10% - 12% of monthly rent + VAT

9.2 When Fees Are Due

Sales commission is payable upon:

• Exchange of contracts, OR
• Completion of sale (as agreed in writing)

Lettings fees are due upon:

• Signing of the tenancy agreement
• Tenant moving into the property

9.3 Additional Costs

Additional services may incur extra charges:

• Professional photography (if not included)
• Virtual tours and video content
• Premium property listings
• EPC certificates
• Safety certificates

9.4 Payment Terms

• Invoices are issued upon fee becoming due
• Payment is due within 14 days
• Interest may be charged on overdue accounts
• We reserve the right to pursue legal action for non-payment

10. Property Viewings

10.1 Accompanied Viewings

We conduct accompanied viewings where:

• Our representative is present throughout
• We qualify prospective buyers/tenants beforehand
• Feedback is provided after each viewing
• Security of the property is maintained

10.2 Unaccompanied Viewings

Where clients choose to conduct their own viewings:

• Appropriate security measures must be taken
• Estate Culture is not liable for any incidents
• Proof of identity should be checked
• Feedback should be communicated to us

11. Client Obligations

11.1 Sellers Must

• Provide accurate information about the property
• Disclose any material facts or defects
• Allow reasonable access for viewings
• Keep the property in good presentable condition
• Inform us of any offers received directly
• Not negotiate directly with buyers we introduce

11.2 Buyers Must

• Act in good faith throughout the process
• Provide proof of funds when requested
• Obtain mortgage agreement in principle
• Conduct appropriate surveys and searches
• Instruct solicitors promptly

11.3 Landlords Must

• Ensure the property meets all legal requirements
• Provide necessary safety certificates
• Maintain appropriate insurance
• Register with local authority if required
• Comply with Right to Rent legislation
• Protect tenant deposits in approved schemes

11.4 Tenants Must

• Provide truthful information in applications
• Pay rent on time as agreed
• Maintain the property in good condition
• Allow access for inspections (with notice)
• Report maintenance issues promptly
• Comply with tenancy agreement terms

12. Termination

12.1 Notice Period

Either party may terminate the agreement by providing written notice:

• Sales: Typically 8-12 weeks' notice required
• Lettings Management: Typically 1-3 months' notice
• Specific terms will be detailed in your agreement

12.2 Immediate Termination

We reserve the right to terminate immediately if:

• You breach these terms materially
• You provide false or misleading information
• You engage in illegal activities
• You abuse or threaten our staff

12.3 Post-Termination

Upon termination:

• All outstanding fees become immediately due
• Marketing materials will be removed
• Any buyers/tenants introduced during the agency period remain our introduction
• Commission may still be payable for sales completed after termination to buyers we introduced

13. Limitation of Liability

13.1 Exclusions

Estate Culture is not liable for:

• Inaccuracies in information provided by third parties
• Property defects not disclosed to us
• Gazumping or gazundering by other parties
• Delays caused by solicitors, lenders, or other parties
• Failed sales or lettings due to buyer/tenant withdrawal
• Market fluctuations affecting property values

13.2 Professional Indemnity

We maintain professional indemnity insurance as required by law. Our liability is limited to the amount recoverable under this insurance.

13.3 Maximum Liability

Our total liability to you shall not exceed the commission payable under the relevant agreement, except where:

• Liability cannot be limited by law
• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation

14. Data Protection

We are committed to protecting your personal data in accordance with:

• UK General Data Protection Regulation (UK GDPR)
• Data Protection Act 2018
• Privacy and Electronic Communications Regulations (PECR)

For full details on how we process your data, please refer to our Privacy Policy.

14.1 Your Data Rights

You have the right to:

• Access your personal data
• Rectify inaccurate data
• Request erasure of your data
• Restrict processing
• Data portability
• Object to processing
• Lodge a complaint with the ICO

15. Intellectual Property

15.1 Our Content

All content on our website and marketing materials is owned by Estate Culture and protected by copyright laws. This includes:

• Property descriptions and photographs
• Website design and layout
• Logos and branding
• Marketing materials

15.2 Use of Content

You may not:

• Reproduce our content without permission
• Use our property listings on other websites
• Copy our marketing materials
• Use our brand name without authorization

15.3 License

When you instruct us, you grant us a license to:

• Use property photographs for marketing
• Display your property on our website and portals
• Produce marketing materials
• Create virtual tours and videos

16. Complaints Procedure

16.1 Making a Complaint

If you have a complaint about our service:

1. Contact Us: Speak to the person handling your property initially
2. Formal Complaint: If unresolved, submit a written complaint to our office
3. Response: We will acknowledge within 3 working days
4. Investigation: A full investigation will be completed within 15 working days
5. Resolution: We will provide a final response with proposed resolution

16.2 Escalation

If you remain dissatisfied, you may escalate to:

• The Property Ombudsman: Independent redress scheme for unresolved complaints
• National Trading Standards Estate Agency Team: For breaches of Estate Agency Act

16.3 Professional Standards

Estate Culture is a member of:

• The Property Ombudsman (TPO)
• National Association of Estate Agents (NAEA)
• Association of Residential Letting Agents (ARLA)

17. Governing Law

These Terms of Service are governed by the laws of England and Wales. Key legislation includes:

• Estate Agents Act 1979
• Property Misdescriptions Act 1991
• Consumer Protection from Unfair Trading Regulations 2008
• Consumer Rights Act 2015
• Housing Act 2004
• Landlord and Tenant Act 1985

17.1 Jurisdiction

Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17.2 Dispute Resolution

We encourage resolution through:

• Direct negotiation
• Mediation services
• The Property Ombudsman scheme

18. Changes to Terms

18.1 Updates

We may update these Terms of Service periodically to reflect:

• Changes in legislation
• Changes to our services
• Industry best practices
• Feedback from clients

18.2 Notification

Material changes will be communicated via:

• Email to registered users
• Notice on our website
• Update to "Last Updated" date

18.3 Acceptance

Continued use of our services after changes constitutes acceptance of the updated terms.

19. Contact Information

For questions about these Terms of Service, please contact us: