ELITE UK HOMES

Property Owner Terms of Business

These terms explain the basis on which ELITE UK HOMES provides residential property advertising and agency services to property owners instructing us to sell or let their property in England.

These terms should be read together with the written property instruction, agreed service details and fee information provided to you before you appoint us.

By signing the written instruction or otherwise entering into a legally binding agency agreement with us, you agree to the terms that have been properly provided to you and incorporated into that agreement.

Nothing in these terms excludes or restricts any legal right or remedy that cannot lawfully be excluded or restricted.

1. About Us

ELITE UK HOMES is the trading name of ELITE UK INVESTMENTS LTD, a company registered in England and Wales.

In these terms, “we”, “us” and “our” refer to ELITE UK INVESTMENTS LTD trading as ELITE UK HOMES. “You” and “your” refer to the property owner or owners who instruct us.

2. Our Services

We provide property advertising and agency services for owners who wish to sell or let residential property. The services included in your instruction will be confirmed in writing.

2.1 Property Marketing

Depending on the agreed instruction, our services may include preparing and publishing property marketing information, presenting property details to prospective buyers or tenants, handling enquiries, arranging viewings and accompanying prospective viewers.

2.2 Sales Agency

Where you instruct us to sell your property, our agreed services may include handling enquiries and offers, communicating offers to you, arranging viewings and assisting with the progress of an agreed sale towards completion.

2.3 Lettings Agency

Where you instruct us to let your property, our agreed services may include handling enquiries, arranging viewings, communicating expressions of interest and assisting with the agreed letting process.

2.4 Services Not Included Unless Agreed

We do not provide ongoing property management, rent collection, legal conveyancing, mortgage advice, surveying, property maintenance or tenancy deposit handling under this instruction unless a separate written agreement expressly provides for the relevant service.

We do not act as your solicitor or provide legal, tax or financial advice. You may need to appoint an appropriately qualified professional for those matters.

3. The Written Instruction

Before we begin work, the written instruction should identify the property, the service you have selected, the agreed fees, the instruction period and the basis on which the agency operates.

The written instruction must make clear whether the appointment is sole agency, sole selling rights, multiple agency or another arrangement. No exclusive appointment or sole selling rights will apply merely because you have read these website terms. Any such arrangement must be expressly set out in the written agreement.

Please read the instruction carefully before signing. If anything is unclear, ask us to explain it before you agree.

Any agreed change to the service, fees or instruction period should be recorded in writing and accepted by both parties.

4. Instruction Period

Our standard instruction period is 12 months from the start date recorded in the written instruction.

The instruction does not automatically renew for a further 12-month period unless a renewal is agreed in writing. Before the instruction expires, we may contact you to discuss whether you wish to renew or amend the arrangement.

If the property has not been sold or let by the end of the instruction period, the success-based fee for that transaction will not be payable solely because the instruction has expired. The initial marketing fee remains subject to the agreed terms covering the marketing work carried out and applicable legal rights.

Expiry of the instruction does not remove any fee that has already become properly due under the written agreement. Any post-termination commission, introduction or continuing protection provision must be clearly stated in the signed instruction and must comply with applicable law.

5. Fees for Selling a Property

The following fees apply to our standard residential sales instruction unless a different arrangement is agreed in writing.

Initial Marketing Fee

£300

Payable when you sign the sales instruction, for the initial marketing services described in your agreement.

Successful Sale Commission

1.3%

Calculated on the final sale price and payable on completion of the sale, subject to the signed instruction.

5.1 Credit for the Initial Marketing Fee

If a sale completes and the 1.3% commission becomes payable, the £300 initial marketing fee already paid will be credited against that commission.

For example, if the final sale price is £200,000, the 1.3% commission is £2,600. After crediting the £300 initial marketing fee, the remaining commission payable on completion is £2,300.

This example is illustrative. The actual amount is calculated using the final sale price and the terms of your signed instruction.

6. Fees for Letting a Property

The following fees apply to our standard residential lettings instruction unless a different arrangement is agreed in writing.

Initial Marketing Fee

£300

Payable when you sign the lettings instruction, for the initial marketing services described in your agreement.

Successful Letting Service Fee

£795

Payable when the agreed successful letting milestone is reached, as specified in the signed instruction.

6.1 Credit for the Initial Marketing Fee

If the property is successfully let and the £795 service fee becomes payable, the £300 initial marketing fee already paid will be credited against that fee.

The remaining balance after the credit is £495.

The written instruction must identify the event that constitutes a successful letting and when the remaining balance is due. A viewing, enquiry or expression of interest alone does not constitute a successful letting.

7. Initial Marketing Fee and Unsuccessful Instructions

The £300 initial marketing fee relates to the initial marketing work specified in your instruction. It is separate from the success-based sales commission or letting service fee.

If no sale or letting is completed during the 12-month instruction period, no success-based fee will be charged solely because the instruction has expired. The £300 fee may be retained for the agreed marketing services, subject to the terms agreed before you signed and any applicable cancellation or refund rights.

We will not treat the initial marketing fee as automatically non-refundable in circumstances where a refund is required by law or by the agreed terms.

Important: The specific marketing work covered by the £300 fee should be described in the written instruction. Any refund or retention of that fee must reflect the agreed service and applicable consumer law.

8. Early Termination

You may ask to end the instruction before the end of the 12-month period by giving written notice to us.

An early termination fee of £195 is proposed for circumstances in which it is expressly provided for in the written instruction. It will not apply automatically simply because you request to end the instruction.

Before signing, you should be told the circumstances in which this fee may apply, what costs or losses it covers and how it will be calculated. The fee must be fair, transparent and proportionate to the legitimate costs or losses it is intended to cover.

The written instruction must also explain how the £195 fee interacts with the £300 initial marketing fee already paid. We will not recover the same cost or loss twice. Any amount payable must be calculated in accordance with the agreed terms and applicable law.

An early termination fee will not remove any statutory cancellation right or other legal remedy that applies to you. Where we are in material breach of the agreement, your rights to terminate and seek a remedy remain unaffected.

9. Cancellation Rights

If you are a consumer and the agency agreement is concluded online, by telephone or away from our business premises, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may give you a right to cancel within 14 days, subject to the applicable rules and exceptions.

Where a statutory cancellation right applies, we will provide the required cancellation information and instructions. You may exercise the right by sending a clear statement of cancellation to: consult@eliteukhomes.org.

If you ask us to begin services during a cancellation period, your request and any payment obligation for services performed during that period will be handled in accordance with the applicable regulations. Any loss of a cancellation right following full performance is subject to the relevant legal requirements, including any required express consent and acknowledgement.

A cancellation right may not apply in the same way to every instruction. We will explain the rights relevant to your particular agreement before it is concluded.

10. Your Responsibilities as Property Owner

You agree to:

  • Provide accurate and complete information about the property, including material facts that may affect a buyer or tenant.
  • Confirm that you are legally entitled to instruct us and provide evidence of ownership or authority when reasonably requested.
  • Inform us of relevant restrictions, permissions, lease terms, title matters, safety information and other matters affecting the proposed sale or letting.
  • Review property descriptions, asking prices, photographs and other marketing information and tell us promptly if anything is inaccurate or requires correction.
  • Ensure that the property can be accessed safely for agreed viewings and provide any necessary access arrangements.
  • Tell us promptly if you receive an offer, enter into an agreement with another agent or make a material change to your plans for the property.
  • Provide documents and respond to reasonable requests needed to progress the agreed service.
  • Pay fees properly due under the written instruction.

You remain responsible for obtaining any legal advice, tax advice, consents or certificates required for your property unless the written instruction expressly includes a relevant service that we are legally permitted to provide.

11. Our Responsibilities

We will:

  • Carry out the services described in the written instruction with reasonable care and skill.
  • Explain the agreed fees and the circumstances in which they become payable.
  • Handle property enquiries and viewing arrangements within the agreed scope of our service.
  • Communicate offers to you as required by applicable law and the terms of our appointment.
  • Take reasonable steps to address material inaccuracies in marketing information once they are brought to our attention.
  • Handle your personal information in accordance with our Privacy Policy and applicable data protection law.

We do not guarantee that a property will sell or let, that a particular price will be achieved, or that a prospective buyer or tenant will proceed with a transaction.

12. Offers, Transactions and Completion

Any asking price or rental figure discussed with us is subject to your instructions and may be reviewed by agreement.

You remain responsible for deciding whether to accept an offer. We can communicate offers and assist with the agreed process, but we cannot guarantee that a proposed transaction will complete.

A residential property sale in England generally becomes legally binding at exchange of contracts, with completion taking place later. Our sales commission under these standard terms becomes payable on completion, unless a different lawful arrangement is expressly set out in the signed instruction.

For lettings, the written instruction must state the milestone that triggers the £795 service fee. The tenancy agreement and the landlord's legal obligations remain separate from this agency agreement.

We do not act as a conveyancer, solicitor or guarantor of another party's performance.

13. Rent, Deposits and Sale Proceeds

Under these standard services, we do not collect rent, tenancy deposits or property sale proceeds on your behalf. These payments should be made directly to the relevant property owner or other properly authorised recipient.

We do not hold client money under the services described in these terms. If the scope of our services changes, any additional arrangements for holding or handling money must be agreed in writing and comply with applicable legal requirements.

Where a tenancy deposit is required, the landlord remains responsible for ensuring that it is handled and protected in accordance with the applicable law and the tenancy arrangement.

14. Property Information and Marketing Materials

Property descriptions, photographs, floor plans, measurements and other marketing information are prepared using information available to us and information supplied or approved by you.

We will take reasonable care when preparing and publishing marketing information. You must tell us if you identify an error or if information changes. We may amend or remove information where reasonably necessary.

Images and measurements should not be relied upon as a substitute for a physical inspection, survey or independent legal checks. Prospective buyers and tenants should make their own enquiries before entering into a transaction.

We will not knowingly publish information that is materially misleading. Nothing in this section removes our legal obligations concerning property information or misrepresentation.

15. Other Professionals and Referral Arrangements

We may suggest that you obtain advice or services from a solicitor, conveyancer, surveyor, mortgage adviser or other professional where appropriate.

You are free to choose your own professional advisers unless a specific lawful arrangement has been agreed. Any referral fee or other financial benefit that we are legally required to disclose will be disclosed in accordance with applicable law.

We are not responsible for the independent advice or work of another professional whom you appoint.

16. Liability

We are responsible for providing the services with reasonable care and skill and for meeting our legal obligations.

We are not responsible for a buyer's, tenant's, solicitor's, lender's or other third party's independent decisions or failures, except to the extent that our own acts or omissions make us legally responsible.

Nothing in these terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.

If you are acting as a consumer, nothing in these terms affects your statutory rights, including rights under the Consumer Rights Act 2015 where applicable.

17. Complaints

If you are unhappy with our service, please contact us first so that we can understand the issue and attempt to resolve it.

Please include your name, the property address, a description of the issue and any relevant correspondence.

We will review the complaint and respond within a reasonable period. If a government-approved property redress scheme is applicable to our work, its details and the relevant escalation route must be provided in accordance with the requirements that apply to our business.

We will publish the name and contact details of the relevant redress scheme once our membership and the applicable scheme have been verified. We do not claim membership of any scheme in these terms.

18. Regulatory and Legal Requirements

We will carry out our services in accordance with the laws and regulatory requirements that apply to the activities we undertake.

Depending on the nature of our work, applicable requirements may include estate agency legislation, anti-money laundering rules, consumer protection law, data protection law and requirements to belong to an approved property redress scheme.

Where a specific registration, scheme membership or disclosure is legally required, the relevant information must be provided accurately and must reflect our actual status. These terms do not constitute evidence of registration or membership.

We will request identity, ownership or other information where reasonably necessary to meet our legal obligations. You agree to provide accurate information and reasonable cooperation for those checks.

19. VAT and Fee Changes

The fees stated in your written instruction are the fees applicable to that appointment. Any applicable tax treatment will be explained before you agree to the instruction.

We will not add VAT to a fee unless it is legally chargeable. If our VAT status changes, we will update the relevant information and explain any change in tax treatment as required by law.

We will not change an agreed fee during an existing instruction unless the change is permitted by the agreement and applicable law and has been communicated to you as required.

20. Personal Information

We use personal information to respond to your enquiry, administer your instruction, communicate with you and carry out the agreed services and any legal obligations.

Our handling of personal information is explained in our Privacy Policy, which describes the information we collect, how it is used, when it may be shared and the rights available to individuals under applicable data protection law.

You can contact us at consult@eliteukhomes.org if you have a question about your personal information.

21. Changes to These Terms

We may update these terms to reflect changes in our services or legal requirements. The version that applies to an existing instruction will be determined by the agreement and applicable law.

We will not use a website update to retrospectively impose a new fee or materially change an existing agreement without a lawful basis and any required agreement from you.

Where a change requires your agreement, we will explain the change and obtain that agreement before applying it.

22. Governing Law

These terms and any dispute arising from the agency services are governed by the law of England and Wales, subject to any mandatory legal protections that apply to you.

Where you are a consumer, nothing in this section deprives you of any mandatory rights or access to courts that cannot lawfully be excluded by agreement.

Company Information

Trading name: ELITE UK HOMES

Legal company: ELITE UK INVESTMENTS LTD

Company number: 15369336

Address: 901 Alum Rock Road, Birmingham, England, B8 2LX

Telephone: +44 121 382 5519

Email: consult@eliteukhomes.org

Questions About These Terms?

If you would like clarification about our property sales or lettings services, fees or instruction process, please contact our team before signing an agency agreement.

Contact ELITE UK HOMES
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