These Terms and Conditions (the "Terms") govern your use of our website located at www.vestaproperty.com (the "Website") and the services offered by us (as detailed in our terms and conditions and on our Website) (the "Services").
The Website is operated by Vesta Global Limited ("Vesta"). We are registered in England and Wales under company number 10626632 and have our registered office at 15th Floor, New Zealand House, 80 Haymarket, London SW1Y 4TE.
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.
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 Sellers and / or Buyers in certain instances.
In the Terms references to "we", our" or "us" are to Vesta.
By using our Website or our Services, you agree to be bound by these Terms. If you don't agree to these Terms, please do not use the Website or Services.
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.
We may update our Terms from time to time. Updates will be available online and we may also send you details of any changes to your Account or by email.
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.
You must be aged 18 or over to register for an Account and to use the Services. We reserve the right to request proof of age at any time and may suspend or cancel a person's Account until satisfactory proof of age has been provided.
If you want to use certain features of the Website or Services you'll have to create an account ("Account"). You can do this via the Website.
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, Vesta 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.
We reserve the right to access your Account, and to take any steps that we consider necessary including suspending or closing the Account, in the following circumstances:
For purposes of these Terms: (i) "Content" means data, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or materials that are posted, generated, provided or otherwise made available through the Services, including Additional Property Information; and (ii) "User Content" means any Content that Users (including you) provide to be made available through the Services, including Listings posted by Sellers and information provided us. Content includes without limitation User Content.
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.
Vesta does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Vesta exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights.
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 Vesta 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 Vesta 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.
We may display Content that is owned by a third-party or licensed to us by a third-party ("Third-Party Content"). Vesta does not claim any ownership rights in the Third-Party Content. We provide the Third-Party Content only as a convenience and you shall not publish or distribute any of the Third-Party Content.
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 Vesta disclaims all liability relating to your interaction with the Third-Party Content or the applicable third parties.
The Services and Website may contain links to third-party websites or resources, including Third-Party Content as described above. We provide these links as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
We may introduce you and/or any prospective Buyer of a Property to certain third-party services, including but not limited to solicitors and conveyancing practitioners, mortgage providers and brokers, insurance providers, financial advisors, property managers and lettings agents.
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 expressly consent to be contacted by Vesta, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached.
You agree 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 agree not to do any of the following:
We may terminate your access to and use of the Services for any reason or no reason, in our sole discretion, at any time and without prior notice to you.
You may also cancel your Account or request to delete your data at any time by sending an email to us at firstname.lastname@example.org. 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@example.com or delivered by hand or by Royal Mail using registered post to 15th Floor, New Zealand House, 80 Haymarket, London, SW1Y 4TE.
If you have any questions about these Terms or the Services, please contact Vesta at firstname.lastname@example.org
We are committed to providing the best possible service. If for any reason You are not happy, please get in touch with Us as soon as possible so that We can resolve any issue.
You should write to Our Compliance Officer, setting out the details of Your complaint, to email@example.com or by Royal Mail using registered post to 15th Floor, New Zealand House, 80 Haymarket, London, SW1Y 4TE.
If You are not happy with the outcome of Your complaint You may take it to The Property Ombudsman. Further information regarding The Property Ombudsman scheme can be found at www.tpos.co.uk.
We will act for customers as agents in the selling of properties (the “Agreement”).
Our services are different to traditional estate agents; we focus on facilitating the sale of residential investment properties for both Sellers and Buyers. 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.
We welcome you if you are a Seller, as long as the Property that you are selling is yours and isn't illegal or unauthorised.
When you agree to instruct Vesta to sell your Property, you will need to submit information to us about the Property, including without limitation, images, general property information and tenant and lease information. You hereby grant a license to Vesta 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 of the property, and keeping up to the date of sale of a 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.
Under the Consumer Protection from Unfair Trading Regulations Act 2008, agents must ensure that they provide all material information that the average consumer needs to make an informed decision. We will prepare draft sales Listing as accurately as possible based on information provided by you and/or an inspection of the Property by either us or our representative. We will send the draft details to you for your approval. Seller’s will be asked to return a copy to us identifying any errors or unfair or inaccurate descriptions of the Property.
As a Seller, if you choose the ‘Sole selling agency’ in the Agreement then you appoint us to be the only agent for the sale of the Property for as long as the Agreement continues in effect and you agree that you will not, before valid termination of the Agreement, instruct any other agent in the sale of the Property to which the Agreement relates.
As a Seller, if you choose the ‘Multiple agency’ in the Agreement then you appoint us on a multiple agency basis and you agree that you will notify us immediately upon the appointment of any other agents.
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 Fees due to us under the Agreement. You should therefore consult the terms & conditions of any agreement you have entered in with any other agent.
As a Seller, if you choose the ‘Pay later option’ then you will be liable to pay us the Withdrawal Fee in addition to any other costs or charges agreed, upon either: (a) you terminating the Agreement, or (b) you requesting that we stop marketing the Property whilst the Agreement is in force (including requesting that we remove your Property from our Website and/or any other online property portal).
All viewings will be arranged through us. Sellers will be notified of the name of any potential Buyer who wishes to view a Property together with the proposed date and time.
Any Sellers who would like to take advantage of Vesta’s viewing services, one of our representatives will conduct viewings on your behalf. We will conduct viewings at the Property following payment of the applicable Viewings Fee agreed in the Agreement. Alternatively, you can make your own arrangements for conducting viewings.
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 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.
Once an offer has been received for a Property, the Seller will be given prompt written notice by email. The Seller must not accept any offer from any buyer introduced by us to the Seller other than via us.
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 at which point a Buyer Fee will be due to us from the Buyer. Once payment has been received, this will be confirmed to the Seller in writing. We will then request details about both parties' solicitors so that we can communicate and begin the conveyancing process.
Once a Seller has accepted an offer on a Property, we will ask the Seller to confirm in writing that they do not wish to be notified of any further offers that may be made on the Property and that the Property can be withdrawn from the market.
An EPC is required by law. We have an obligation to and will provide a copy of the EPC to any prospective Buyer as part of the marketing of the Property. If we are instructed to provide an EPC then the Seller will become liable for and must pay us the EPC Fee for the provision of the EPC.
If an EPC has been supplied by the Seller or by a third-party, the terms of that supply must include the right for us, or a third-party employed by us, to use the EPC in order to meet our legal obligations.
In the event of a third-party seeking damages from us on the grounds that our use of the EPC to meet our legal obligations has infringed their rights, the Seller will be liable for any costs and damages that we incur.
We accept no responsibility for the maintenance or repair of or for any damage to the Property whilst unoccupied unless such damage is directly caused by any act or omission by Us and/or Our representatives.
Seller Fees means the sum of any fees due to us from the Seller including the Listing Fee, the Viewings Fee, the EPC Fee and the Withdrawal Fee and any other costs or charges agreed between the Seller and Vesta.
We may in our absolute discretion waive or reduce any element of the Seller Fees.
If more than one person signs the Agreement then liability for payment of the Seller 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.
If payment of any Seller Fees remains outstanding for 28 days after being due, then we reserve the right to add the cost of recovery of the debt onto the Seller Fees. The cost of recovery will not exceed 25% of the Seller Fees due. Interest on such sums will also be claimed from the date of due payment until the date of payment at a rate of 3% above the Bank of England base rate at the prevailing time.
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 Seller Fees.
If the ‘Pay now option’ is chosen the Listing Fee becomes due immediately. We will not commence our services until payment has been received. The Listing Fee is due regardless of whether or not we are successful in selling the Property.
If the ‘Pay later option’ is chosen the Listing Fee becomes due on unconditional exchange of contracts and payable on completion of the sale or 28 days after the exchange of contracts, whichever is the earliest. As a Seller, you agree to instruct and authorise your legal representatives to give, no later than exchange of unconditional contracts for the sale of the Property, an undertaking to us to pay from their client account when they receive funds from the sale of the Property, any Listing Fee payable. You also agree that we may send our invoice directly to your legal representatives.
As a Seller, you will also be due to pay us a Withdrawal Fee in certain circumstances. Please refer to the section titled Withdrawal Fee.
As a Seller, if you have a instructed us on a ’Multiple agency’ basis and you choose the ‘Pay later option’ then you will be liable to pay us the Listing 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.
In some instances, a prospective Buyer might wish to view the Property. When a Seller instructs us, the Seller will be requested to choose a viewing option.
The Seller hosts viewings: All viewings with prospective Buyers will be organised via us and the Seller for a suitable time. If the Property is tenanted, it is the Seller’s responsibility to supply a minimum of 24 hours’ notice to the tenants and organise a suitable time. There will be no Viewings Fees if the Seller decides to host viewings.
We host the viewings: If viewings are hosted by us or one of our third-party representatives, the Seller has two options:
An EPC is required by law. We have an obligation to and will provide a copy of the EPC to any prospective buyer as part of the marketing of the Property.
Vesta’s fee for arranging for an EPC is £100 inclusive of VAT (£83.33 plus VAT at 20%) per EPC instructed.
A Withdrawal Fee means an amount of £450 inclusive of VAT (£375 plus VAT at 20%) per Property. Please note that a Withdrawal Fee applies only if you choose the ‘Pay later option’.
We may choose to charge a Buyer Fee once an offer for the Property has been accepted by the Seller to remove the Property from the market and stop advertising it.
Once payment of a Buyer Fee has been received in respect of the Property, we will confirm this to the Seller.
Our standard Buyer Fee is an amount of £900 inclusive of VAT (£750 plus VAT at 20%) per Property.
As a Seller you expressly agree that we may accept and retain in full any such Buyer Fee and that this will not be off-settable against any Seller Fees or other charges that are payable by the Seller.
We may in our absolute discretion waive or reduce the Buyer Fee.
We do not endorse any Seller or Seller's Listings.
Vesta 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.
Vesta 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 Vesta and reasonable assumptions of Vesta. 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 further 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 Vesta is not a financial or tax advisor and that they must make their own investment and tax decisions either alone or with the assistance of professional advisors.
At the time a Buyer decides to purchase a Property, and their offer is accepted by the Seller, the Buyer agrees to pay Vesta a Buyers Fee. After Vesta has successfully processed the Buyers Fee payment, Vesta will remove the Listing for the applicable Property from the Website and stop actively marketing it.
If the Listing has no contingencies, the Buyers Fee is final and non-refundable.
If the Listing is subject to contingencies, and a Buyer cancels the transaction because (1) a contingency is not satisfied by the Seller prior to completion or, (2) the Seller is otherwise unable to fulfil Seller's obligations under the Agreement or other obligation required by applicable law, the Buyers Fee will be refunded.
You agree that any legal remedy or liability that you seek to obtain for actions or omissions of Seller or other third parties regarding Listings or any purchase and Agreement you enter into with a Seller for the purchase of a Property, 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 Vesta.
Last updated: 29th May 2019.
All information contained in this website is provided as a guideline only, is based on estimates and assumptions, may not be accurate or complete, and is subject to change. We make no representations or warranties with regards to this information, expressed or otherwise. A buyer who relies on such information does so at their own risk. Buyers are advised to seek independent financial advice and should undertake their own due diligence.
Your capital is at risk. Property values may decline and the property 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. Property is an illiquid asset and should not be viewed as a short-term investment.
In no event will we be liable for any loss or damage, including without limitation any loss or damage arising directly or indirectly out of or in connection with the use of this website and the information contained therein.
Copyright © 2019 Vesta Global Limited. All rights reserved.