Ostrich Sales Terms
An Agreement between:
Ostrich X Ltd (also referred to as “Ostrich”, “we”, “us” or “our” in this Agreement), a company registered in England and Wales (company number 13774574) at 4.04, 60 Grays Inn Road, London, WC1X 8LU, UK.
The Client (also referred to as “you” in this Agreement), who is the owner of the Property listed below.
Key Facts
1. Listing on Ostrich.co.uk
Ostrich runs a website (Ostrich.co.uk) which the Client has listed their property on. Properties listed on the Ostrich website are not for sale, and so do not have an asking price, rather a Price Guide that can be changed by the owner from within their Ostrich account. The Client can remove their listing from Ostrich from within their account.
2. Progressing an offer
While the Client has the Property listed on Ostrich.co.uk, registered users may make a viewing request together with indicative offer on the Property. Viewing requests made by registered users will be sent to the Client (so long as the registered user completes a mandatory ID verification process).
The Client can respond to viewing requests from their Ostrich account. If they wish, the Client may reject a viewing request and notify the prospective buyer of their reasons for doing so. If the Client wishes to progress with an viewing request they receive, for example by arranging for a prospective buyer to view the Property, Ostrich will act as an agent on their behalf. An offer which the Client wishes to progress is referred to as a Progressed Offer for the remainder of this agreement.
3. Fees
Ostrich will charge a Sale Commission if the Client sells their home to a purchaser who made a Progressed Offer through the Ostrich platform.
This Sale Commission will be 1% inclusive of VAT. For example, on a property sale with a price of £1,000,000, Ostrich would charge £10,000 inclusive of VAT (£8,333.33 + VAT).
The Sale Commission will become payable at unconditional exchange of contracts, and must be paid no later than completion of the sale by your solicitor from the proceeds of sale.
You will be responsible to pay our Sale Commission if you terminate this contract and a purchaser that has made an Progressed Offer through Ostrich.co.uk goes onto exchange contracts for the sale of the property within six months of the date of termination.
4. Commission to multiple agents
Sale Commission will not be payable if the Client sells their property to a purchaser who did not make a Progressed Offer through Ostrich. However, note that you may be liable to pay fees both to us and another agent if you sell to a purchaser who made an Progressed Offer through Ostrich (and so our Sale Commission is payable), and have instructed another agent for the sale of the Property.
5. Duration & termination
The agreement will start at the date this Agreement is signed by the Client and will continue until terminated by either party.
Either party can terminate this agreement by giving 1 day written notice by email. Furthermore, the Client may remove their listing from Ostrich.co.uk from their Ostrich account, at any time, and for any reason. Ostrich may remove the Clients listing from the website at any time and for any reason.
6. Client obligations
To ensure this agreement is signed by all owners of the property.
We are required to obtain evidence of identity and proof of address from you. You agree to provide us with the information we require, and ensure that this information is accurate.
We are obliged to comply with the Consumer Protection Regulations which (among other things) prohibit the Agent from giving false or misleading information or hiding or failing to provide material information in relation to the Property (which includes any information relating to any defects in or drawbacks of the Property) in a clear, intelligible and timely fashion. The Client must not raise any objection to any statements made or action taken by the Agent with a view to complying with the Consumer Protection Regulations.
You agree to notify us immediately of any changes to or in relation to the property which occurs during the sale process.
You must instruct your solicitor to answer any points we raise with them about the property or its legal title.
7. Personal interest disclosure
Neither Ostrich, nor any of its employees, or any connected persons, have a personal interest in the Property.
8. Complaints procedure
Ostrich is a member of The Property Ombudsman redress scheme. If you are unhappy with our service you can make a complaint. Our complaints procedure can be found here.
9. Data protection
We will only use your personal information as set out in our https://ostrich.co.uk/privacy-policy/. Our Privacy Policy can be found here.
Our UK Data Protection registration number is ZB287263. Our Data Protection contact is Richard Foister who can be contacted by email at privacy@ostrich.co.uk.
10. Website terms
The Client has already agreed to the Terms of Service for using Ostrich.co.uk. This Agreement together with the website terms and conditions constitute the entire agreement between Ostrich and the Client.
11. Jurisdiction
This Agreement shall be governed and construed in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the Courts of England.
I confirm that the above information is accurate and that I have read and understood the terms of this agreement.
SIGNED: [CLIENT SIGNATURE]
NAME: [CLIENT NAME]
DATE: [DATE]
