Terms and Conditions

Legal Agreement and Binding Nature

These Terms and Conditions constitute a legally binding agreement between you and ESTATE REAL LTD, a company incorporated in England and Wales. By engaging our services, accessing our website, or entering into any business relationship with us, you acknowledge that you have read, understood, and agree to be bound by these terms.

This agreement governs all aspects of our business relationship, including but not limited to property consultancy services, rental management, commercial advisory services, website usage, and any related activities. These terms supplement and work in conjunction with our Privacy Policy, Terms of Service, and any specific service agreements.

If you disagree with any part of these terms, you must discontinue use of our services immediately. Your continued engagement with our services after any amendments to these terms constitutes acceptance of the updated terms. We reserve the right to modify these terms at any time, with notice provided through our website and direct communication where appropriate.

These terms are governed by English law and subject to the exclusive jurisdiction of the English courts. Any disputes arising from this agreement will be resolved through the procedures outlined in the dispute resolution section below.

User Obligations and Responsibilities

1. Legal Compliance Requirements

You agree to comply with all applicable laws, regulations, and industry standards when engaging with our services. This includes but is not limited to:

Property Law Compliance

• Adherence to property transfer regulations
• Compliance with landlord and tenant law
• Following planning and building regulations
• Observing leasehold and freehold requirements

Financial Regulations

• Anti-money laundering compliance
• Tax obligations and reporting
• Mortgage and lending regulations
• Consumer credit and protection laws

2. Information Accuracy and Disclosure

You are obligated to provide complete, accurate, and current information throughout our business relationship. This includes:

Personal Identification: Valid identification documents, proof of address, and contact information that allow us to verify your identity and meet our regulatory obligations.
Financial Circumstances: Accurate disclosure of your financial position, including income, assets, liabilities, and credit history where relevant to our service provision.
Property Information: Complete and truthful details about any properties you own, wish to purchase, or seek to rent, including any known defects, restrictions, or legal issues.
Legal Status: Disclosure of any bankruptcy, insolvency, or legal proceedings that may affect your ability to complete property transactions.
Changes in Circumstances: Prompt notification of any material changes that may affect our service provision or your ability to fulfill contractual obligations.

3. Conduct and Behaviour Standards

You agree to maintain professional and respectful conduct in all interactions with our staff, partners, and other clients. Prohibited behaviour includes:

Harassment, discrimination, or abusive language towards any individual
Attempts to circumvent our processes or gain unauthorised access to information
Providing false or misleading information to gain advantage or avoid obligations
Interfering with other clients' property transactions or business relationships
Using our services for illegal activities or purposes contrary to public policy
Soliciting our staff for personal gain or attempting to poach our clients

4. Indemnification Obligations

You agree to indemnify and hold harmless ESTATE REAL LTD, its directors, employees, and agents from any claims, damages, losses, or expenses arising from:

Your breach of these terms and conditions or any applicable laws
Inaccurate or misleading information you provide that causes harm to third parties
Your negligent or wrongful acts in connection with property transactions
Claims arising from your ownership, use, or occupation of any property
Disputes with third parties related to your property dealings

Liability and Warranties

1. Service Quality and Professional Standards

We warrant that our services will be provided with reasonable skill and care in accordance with professional standards expected in the property industry. Our obligations include:

Professional Standards

• RICS professional guidelines compliance
• Industry best practices adherence
• Qualified and experienced staff provision
• Appropriate professional indemnity insurance

Service Delivery

• Timely and efficient service provision
• Clear communication and reporting
• Confidentiality and data protection
• Honest and transparent dealings

2. Disclaimer of Warranties

Except as expressly stated in these terms, we provide our services on an "as is" basis and disclaim all other warranties, whether express or implied, including but not limited to:

Market Performance: We cannot guarantee specific outcomes in property sales, rental income, or investment returns
Property Conditions: We rely on information provided by clients and third parties regarding property conditions and legal status
Market Conditions: Property market fluctuations and economic changes are beyond our control
Third-Party Services: We are not responsible for the performance of solicitors, surveyors, or other professional services
Technology Services: Our website and digital services may experience temporary interruptions or limitations

3. Limitation of Liability

Our total liability to you for any claims arising from our services is limited as follows:

Financial Limits

• Direct damages: Limited to fees paid for the specific service giving rise to the claim
• Professional indemnity coverage: Up to £2,000,000 for eligible claims
• Maximum aggregate liability: £250,000 per client per calendar year

4. Exclusion of Consequential Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Lost profits or investment opportunities
Business interruption or loss of business relationships
Loss of data or confidential information
Emotional distress or reputational damage
Third-party claims not directly related to our professional negligence

Force Majeure and Exceptional Circumstances

Neither party shall be liable for any failure or delay in performance under these terms resulting from circumstances beyond their reasonable control, including but not limited to:

Natural Events

• Natural disasters and extreme weather
• Flooding, earthquakes, or fire
• Environmental emergencies

Regulatory Changes

• Changes in property law
• New government regulations
• Industry standard modifications

External Disruptions

• Pandemic or health emergencies
• Cyber attacks or system failures
• Labour disputes or supply shortages

During force majeure events, we will use reasonable efforts to minimise disruption and resume normal service as quickly as possible. Extended force majeure events may result in suspension or termination of affected services without penalty to either party.

Legal Information and Dispute Resolution

1. Governing Law and Jurisdiction

These Terms and Conditions are governed by English law and subject to the exclusive jurisdiction of the English courts. Any legal proceedings must be commenced in the appropriate court in England and Wales.

2. Dispute Resolution Procedures

We are committed to resolving disputes efficiently and fairly through the following escalation process:

Direct Resolution (First 14 days): Contact our client services team to discuss the issue and seek immediate resolution through direct communication and negotiation.
Formal Complaint (Days 15-45): Submit a written complaint through our formal complaints procedure, which will be investigated by senior management with a written response provided within 21 days.
Independent Mediation (Days 46-90): If direct resolution fails, either party may request mediation through a mutually agreed independent mediator or mediation service.
Industry Arbitration (Days 91+): Unresolved disputes may be submitted to binding arbitration through the Royal Institution of Chartered Surveyors (RICS) dispute resolution service.

3. Severability and Enforceability

If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Invalid provisions will be replaced with valid provisions that most closely reflect the original intent.

4. Modification and Amendment Policy

These terms may only be modified through written agreement signed by authorised representatives of both parties, or through updated terms published on our website with appropriate notice. Oral modifications are not binding and will not be recognised or enforced.

5. Entire Agreement and Integration

These Terms and Conditions, together with our Privacy Policy, Terms of Service, and any specific service agreements, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter. No implied terms will be incorporated unless expressly required by law.

Contact Information