Terms of Business

1. These terms

1.1 What these terms cover

These are the terms and conditions on which we will make an offer to purchase your property.

1.2 Why you should read them

Please read these terms carefully before you sign the Offer & Option Agreement. These terms tell you who we are, the basis upon which we will make an offer to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are

We are ARN Capital Limited a company registered in England and Wales. Our company registration number is 09376775 and our registered office is at Ground Floor, 4320 Park Approach, Thorpe Park, Leeds, LS15 8GB. We operate under the trading name Good Move. Our registered VAT number is 342179505.

2.2 How to contact us

You can contact us by telephoning our customer service team on 0113 892 1122, by email to hello@goodmove.co.uk or by writing to us at the registered office address above.

2.3 How we may contact you

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.

2.4 “Writing” includes emails

When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 Upon receipt of an enquiry from you we will assess what we would be prepared to pay for your property and will make an offer in principle (“Offer in Principle”). The Offer in Principle is an expert estimate based on the information you have given us and our own research. It is not a valuation of the property and may change after inspection, but only if you agree.

3.2 If you wish to proceed you will be asked to accept the Offer in Principle by signing the Offer & Option Agreement, which we will send to you for signature.

3.3 Once you have signed, we will promptly arrange, at our cost, a survey and/or valuation, photographs and a floor plan of the property. We reserve the right to obtain the valuation through an estate agent local to your property, an RICS valuer or by way of desktop valuation.

3.4 We will then make a formal offer to you in writing, which may be by email (the “Formal Offer”), either confirming the Offer Price or proposing a lower price with our reasons explained. A lower price applies only if you accept it. The Formal Offer is not a valuation of the property but the price we are prepared to pay.

3.5 Our purchase will be subject to:

3.5.1 Satisfactory evidence of your title to the property.

3.5.2 Satisfactory replies to local authority, mining, drainage and other relevant searches against the property.

3.5.3 A survey and/or valuation acceptable to us.

3.5.4 Where we are borrowing to buy, a mortgage offer on terms acceptable to us.

3.6 Once you have signed, we will formally identify you. As we do not meet clients face to face, ID will be through an external agency. Transactions can only proceed to completion once formal ID has been completed.

3.7 After the Formal Offer we will not propose any further reduction in price unless searches or title reveal a new adverse matter not previously known to us. To assist you we will on request provide you or your solicitor with a copy of the legal report we receive.

3.8 The Offer & Option Agreement gives us the exclusive right to buy the property at the Offer Price for as long as the Agreement continues. It has no fixed term. You may end it at any time, for any reason and at no cost, until either contracts have been exchanged for a direct purchase or you have signed a Release & Payment Authority for a third-party purchase. We never charge you for the survey, valuation, photographs, floor plan or any other work if you end the Agreement. After the 14-day cancellation period we may register a notice of the Agreement against your title at HM Land Registry; we remove it, at our cost, within 10 working days of the Agreement ending. If the Offer & Option Agreement and these Terms of Business ever conflict, the Agreement prevails.

4. Independent Legal Advice

4.1 You must take Independent Legal Advice.

4.2 You can either instruct a solicitor you choose, or we can recommend one to act on your behalf.

4.3 If you wish us to recommend solicitor, we will expressly ask you to confirm that by opt when signing to accept the Offer in Principle.

4.4 Subject to completion of the transaction we will, if you use a solicitor recommended by us, pay all the legal fees incurred in connection with the transaction. If you instruct a solicitor not recommended by us, we will on completion make a contribution to your legal fees of £500 plus VAT. We receive no referral fee or other benefit from any solicitor we recommend.

5. Charges

5.1 We do not charge for our services. All buyer costs incurred in purchasing your property are paid by us.

5.2 Where we introduce a third-party purchaser for your property, you will sell directly to that purchaser at the price they have agreed to pay. On completion your solicitor will pay us the difference between that price and the Offer Price agreed with you, in return for our releasing the option we hold under the Offer & Option Agreement. That payment is the price of our giving up our interest in the property; it is not a fee for any service to you, no VAT is added to it, and it can never exceed the difference between the two prices. The figures will be set out in a Release & Payment Authority for you to sign before the sale proceeds, and in every case you will receive the Offer Price, less your mortgage, any other charges on the property and any sums we have already paid you.

6. Your rights to end the contract

6.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For contracts entered into other than at our premises you have a legal right to cancel within 14 days without giving any reason. The 14 days run from the day after you sign the Offer & Option Agreement.

6.2 To exercise the right to cancel you must inform us by email to hello@goodmove.co.uk or by post to Good Move, Ground Floor, 4320 Park Approach, Thorpe Park, Leeds, LS15 8GB, by a clear statement of your decision to cancel. You may use the model cancellation form at the end of these Terms of Business, but you do not have to.

6.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

6.4 Effects of Cancellation

6.4.1 If you cancel this agreement, you will be released from all obligations under it.

6.4.2 We will not seek to recoup costs from you.

7. Legal Matters

7.1 You as Seller will be required:

7.1.1 To sell with full title guarantee.

7.1.2 To give vacant possession on completion, unless the Offer & Option Agreement states otherwise.

7.1.3 To insure the property and keep it in the same condition as at the date of the Agreement, fair wear and tear excepted, until completion. Title and risk pass on completion.

8. How we may use your personal information

8.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. You can request a copy of our Privacy Policy which will be provided to you by way of email or a copy can be accessed on our website by way of the following link – Privacy Policy.

9. Other important terms

9.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to an associated company. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

9.2 We reserve the right, prior to completion, to upload your property to a property portal website and/or to market it to prospective third-party purchasers by whatever means we choose, including through an estate agent. In signing the Offer & Option Agreement you give us authority to deal with the property as set out in this clause. We market the property on our own account as option holder, not as your agent.

9.3 Under the Offer & Option Agreement we are able and willing to buy the property ourselves (directly or through an associated company), and we may instead introduce a third-party purchaser as described in clause 5.2. Which route is taken depends on the circumstances of each property; neither is presumed, and signing the Agreement does not commit you to either.

9.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

9.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

9.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of this agreement in the English courts.

9.7 Complaints Procedure

In accordance with the TPO Code of Practice we operate an in house complaints procedure a copy of which is available on request or through our website and can be accessed through the following link – Complaints Procedure.

9.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.

10. Force Majeure

10.1 If we are prevented, hindered or delayed from or in performing any of our obligations under the terms and conditions of the Contract by a Force Majeure Event:

10.1.1  Our obligations under the terms and conditions of the Contract are suspended while the Force Majeure Event continues and to the extent that it is prevented, hindered or   delayed;

10.1.2  as soon as reasonably possible after the start of the Force Majeure Event, we shall notify you in writing of the Force Majeure Event, the date on which the Force Majeure Event started and the effects of the Force Majeure Event on its ability to perform its obligations under the terms and conditions of the Contract;

10.2 If the Force Majeure Event continues for more than three (3) months starting on the day the Force Majeure Event starts, either party may terminate the agreement by giving not less than thirty (30) days’ notice in writing to the other party.

11. CONFIDENTIALITY AND SECURITY

11.1 Each party shall treat as confidential all information obtained from the other pursuant to the terms and conditions of the Contract and shall not divulge such information to any person (except to such party’s advisors) without the other party’s prior written consent provided that this condition 11 shall not extend to information which was rightfully in the possession of such party prior to the commencement of the negotiations leading to the terms and conditions of the Contract, which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this condition 11) or which is trivial or obvious.

MODEL CANCELLATION FORM
(Complete and return this form only if you wish to cancel the contract)
To: ARN Capital Ltd trading as Good Move, Ground Floor, 4320 Park Approach, Thorpe Park, Leeds LS15 8GB. Email: hello@goodmove.co.uk
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the property at: ____________________
Agreement dated: ____________________
Name of consumer(s): ____________________
Address of consumer(s): ____________________
Signature of consumer(s) (only if this form is notified on paper): ____________________
Date: ____________________
[*] Delete as appropriate.

Disclaimer

Good Move accepts no liability for the content of this website and any liability can be excluded by law.

Good Move aims to complete in a timescale to suit you but accepts no liability if a completion date cannot be met or if a purchase does not take place for whatever reason.

By continuing to use this website you are agreeing to comply and be bound by the following terms and conditions of use which in addition to our Privacy Policy and Terms of Data Collection govern Good Move’s relationship with their customers.

The use of the Good Move website is subject to the following terms of use:

• Your use of any information provided on the website is used entirely at your own risk, for which we will not be held responsible for. It is your own responsibility to establish that our services, products and information provided in the website best suit your requirements.
• The content of the website is for your use only, we cannot be held responsible for information you pass onto third parties. The website is subject to change quite regularly and without notice so please check the website for updates.
• Good Move does not provide any guarantees or warranty with regards to the accuracy of the information provided on the website. Customers should acknowledge that on some occasions there maybe inaccuracies on the website and Good Move therefore exclude liability for any inaccuracies which may be found.
• This website and all information provided within it is owned by Good Move. The information includes the design, layout, look and appearance as well as the graphics on the website. Any copyright infringement / reproduction of the information is strictly prohibited.
• Unauthorised use of this website may include links to other websites, Good Move doesn’t endorse these other websites and we have no responsibility for the content and information they provide on their website. Customers must take full responsibility and risk for the use of Good Move’s website and use of all information contained within it.
• Unauthorised unethical use of the website could give a claim for damages.
• The Good Move website is based upon property laws in England & Wales.
• We reserve the right to make changes or corrections to the website at all times.
• Good Move have made all reasonable endeavours to make sure that the website and all content provided within it complies with current UK legislation.
• Good Move gives no warranties or guarantees that the website will operate continuously or without occasional interruptions.
• Good Move accept no liability for customer’s loss or damage of data, profit, revenue or business. In any circumstances where customers suffer any loss or in fact damage through the use of the website we accept no liability for this loss or damage whether it be because of error, omission or any other cause.
• If Good Move is found to be liable for any action, our liability is limited to the sum of £5. This limitation however may not apply if we have been negligent in causing personal injury or death.
• Customers are responsible for making sure that their computer system meets all specifications / criteria so that they can use Good Move’s site effectively. Good Move can’t also guarantee that information downloaded from the website will be virus free. Customers need to be responsible for carrying out sufficient security checks.