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), is the owner of the Property listed below.

PROPERTY (the Property)[THE PROPERTY]
CLIENT (the Client)[THE CLIENT]

Key Facts

Sale Commission1% of the final purchase price, including VAT. No other fees will be charged to the client. Sales Commission will only be payable if the buyer was introduced to the Property through the Ostrich platform.
TerminationThe Client can remove their listing from the Ostrich platform at any time, with immediate effect. To end this agreement, the Client will be required to give 1 day written notice.

1. Listing on Ostrich.co.uk

Ostrich runs a marketing website (Ostrich.co.uk) on which the Client has listed their property.

The Client has full control of their Ostrich listing and can remove their listing at any time from within their Ostrich seller account.

2. Viewings and Progressing an Offer

2.1

While the Client has the Property listed on Ostrich.co.uk, registered users may express their interest by submitting a viewing request, together with an indicative offer, on the Property.

2.2

When a user makes a viewing request through the Ostrich platform, they become a 'Prospective Buyer'.

2.3

All viewing requests include an indicative offer to indicate a price at which the Prospective Buyer would consider purchasing the Property. These offers are nonbinding.

2.4

The Client can respond to viewing requests from within their Ostrich account. If they wish, the Client may accept or reject any viewing request and notify the Prospective Buyer of their reasons for doing so.

2.5

A Prospective Buyer will be considered to have been ‘introduced’ to the Property by Ostrich if they:

(a) submitted a viewing request via the Ostrich platform; and

(b) Subsequently, attended a viewing of the Property arranged or facilitated by the client

3. Fees

3.1

Ostrich will charge a Sale Commission if the Client sells their home to a purchaser who was introduced to the Property through the Ostrich platform, and the purchaser goes on to exchange contracts no later than six months after the termination of this agreement.

This Sale Commission will be 1% of the final purchase price, 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).

3.2

The Sale Commission will become payable at completion of the sale and will usually be paid by the client’s solicitor from the proceeds of sale.

3.3

You will be responsible for paying our Sale Commission if you terminate this contract and a purchaser who has made a Progressed Offer through Ostrich.co.uk goes on to 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 the Property to a purchaser who was not introduced to the Property through the Ostrich platform.

If you should appoint another agent and complete a sale to a purchaser introduced by Ostrich, you may be liable to pay fees to both Ostrich and the other agent.

5. Duration & termination

5.1

The agreement will start at the date this Agreement is signed by the Client and will continue until terminated by either party.

5.2

Both the Client and Ostrich can terminate this agreement by giving 1 day’s written notice by email.

5.3

The Client may remove their listing from Ostrich.co.uk from their Ostrich account at any time, for any reason. Ostrich may remove the client's listing from the website at any time and for any reason.

6. Client obligations

6.1

To ensure this agreement is signed by all owners of the Property.

6.2

Ostrich is required to obtain valid identification and proof of address from you. You agree to provide us with the information we require and to ensure that this information is accurate.

6.3

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 agrees not to raise any objection to any statements made or actions taken by Ostrich with a view of complying with the Consumer Protection Regulations.

6.4

You agree to notify us immediately of any material changes to or in relation to the Property which occur during the sale process.

6.5

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, nor 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 handle your data in accordance with our Privacy Policy.

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

By listing a property on Ostrich.co.uk, the Client has already agreed to our Terms of Service. This Agreement, together with the website terms and conditions, constitutes 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]