Terms & Conditions

Terms and Conditions

Access to and use of this site, ‘this site’ being defined as the content made available via this website is provided by Freeman & Gray incorporating Karlgraysestates Ltd subject to the following terms of use.

This document (referred to as our ‘Terms of Use’) gives you information about the terms upon which we agree to provide, permit and allow you access and use of the Website and Online Platform. We encourage you to print off a copy of this document and refer to it as you use our Systems and Services.

If it is necessary to change the Terms of Use or add or remove any part at any time we will post such changes on www.freemanandgray.com . It is your responsibility to check the Website for any changes. You agree to be bound by such changes if you should continue to use the Systems and Services.

IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SYSTEMS AND SERVICES. YOUR CONTINUED USE OF THE SYSTEMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND OF ANY SUCH CHANGES.

Disclaimer of Warranties; Liability Limitations

You expressly agree that your use of, or inability to use, the Systems is at your sole risk. The Systems are provided ’as-is‘ and ’as-available‘ for use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

In no case shall Freeman & Gray, its Directors, Officers, Employees, Affiliates, Agents or Contractors be liable for any direct, indirect, incidental, special or consequential damages arising from your use of any of the Systems or for any other claim related in any way to your use of the Systems.

Acceptable use terms

There are rules and standards that you must abide by in connection with your use of the Systems. This is for the protection of all Users.

Freeman & Gray has the right to enforce those guidelines as it deems appropriate in its sole discretion. This means that if you, or anyone using your Account, Freeman & Gray password or identifying information, violate these Terms, Freeman & Gray may take any and all actions from the issuance of a warning to terminating your right to use the Systems (without refund or part credit of any fees paid) to involvement of the appropriate authorities that Freeman & Gray deems necessary or appropriate. Freeman & Gray are not required to provide notice prior to terminate your right to use the systems for violating these Terms, but it may choose to do so.

BY USING THE SYSTEMS, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST FREEMAN & GRAY, AND TO HOLD FREEMAN & GRAY HARMLESS AND INDEMNIFY FREEMAN & GRAY WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY FREEMAN & GRAY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENT. THIS MEANS THAT YOU CANNOT SUE FREEMAN & GRAY OR RECOVER ANY DAMAGES WHATSOEVER FROM FREEMAN & GRAY AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SYSTEMS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FREEMAN & GRAY CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

Jurisdiction for use

The guidance and/or advice contained in this website is subject to UK regulatory regime and is therefore restricted to consumers based in the UK. Accordingly, this site is intended for use by those who can access it from within the UK. By using this site, you agree to be legally bound by these terms, which shall take effect immediately on your first use of this site.

Governing Law

This site is governed by the laws of the country of the UK within which you reside and any dispute or action arising out of this site shall be determined in accordance with such laws.

Changes

Freeman & Gray may change these terms at any time by posting changes online. If you do not agree to be legally bound by all the following terms please do not access or use this website.

Availability

This site’s content, including the information, names, images, pictures, logos and icons regarding or relating to Freeman & Gray and its products and services, is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Accuracy and Validity

Whilst we take all reasonable steps to ensure that the information contained within these pages is accurate and up-to-date, Freeman & Gray does not warrant that the functions and information content contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs. It is your responsibility to ensure that your computer is virus protected.

Liability

Under no circumstances will Freeman & Gray be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of this site regardless of the form of action.

Third Party Websites

This website may also contain hypertext links to websites operated by third parties. The responsibility for the operation and content of those websites shall rest solely with the organisation identified as controlling the third-party website and will be governed by separate terms and conditions. Freeman & Gray provide links for convenience but the inclusion of any link does not imply endorsement in any way of the site to which it links. Freeman & Gray is not responsible for the accuracy of the information contained within the sites.

Anti-Money Laundering

All estate agents have a legal obligation to conduct identification checks on their customers in accordance with Anti-Money Laundering Regulations.

This will include proof of ownership which will be established by a Land Registry search or copying Title Deeds where a property is not registered.

Identification checks for sellers must take place at the point you instruct Freeman & Gray. For buyers this should take place at the point your offer is accepted by a seller and must be done prior to exchange of contracts on the property.

We shall carry out an electronic identification check which has no impact on your credit rating and any information that we receive in connection with that search will solely be used for the purposes of the Anti-Money Laundering Regulations. By agreeing to our Terms of Use you understand that we will undertake a search with Experian to verify your identity. To do so Experian may check the details you supply against any particulars on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained.

The processing of personal data in accordance with these Regulations is lawful and necessary for the prevention of money laundering or terrorist financing and is for the performance of a task carried out in the public interest.

Once the result of the electronic check is ascertained, unless we have a copy of acceptable photo ID (see List A below), we may ask you two simple security questions to confirm that you are the person identified.

In any case where we have been unable to verify a customer’s identification by way of an electronic check you will be required to provide us with two forms of identification, one from LIST A and one from LIST B below. Without this, we are not able to proceed with the transaction.

LIST A LIST B
Current signed passport Utility bill (gas, electric, satellite television, landline phone bill) issued within the last three months
Original birth certificate (UK birth certificate issued within 12 months of the date of birth in full form including those issued by UK authorities overseas such as Embassies High Commissions and HM Forces) Local authority council tax bill for the current council tax year
EEA member state identity card (which can also be used as evidence of address if it carries this) Current UK driving licence (but only if not used for the name evidence)
Current UK or EEA photocard driving licence Bank, Building Society or Credit Union statement or passbook dated within the last three months
Full old-style driving licence Full old-style driving licence Original mortgage statement from a recognised lender issued for the last full year
Photographic registration cards for self-employed individuals in the construction industry -CIS4 Solicitors letter within the last three months confirming recent house purchase or land registry confirmation of address
Benefit book or original notification letter from Benefits Agency Council or housing association rent card or tenancy agreement for the current year
Firearms or shotgun certificate Benefit book or original notification letter from Benefits Agency (but not if used as proof of name)
Residence permit issued by the Home Office to EEA nationals on sight of own country passport HMRC self-assessment letters or tax demand dated within the current financial year
National identity card bearing a photograph of the applicant Electoral Register entry
NHS Medical card or letter of confirmation from GP’s practice of registration with the surgery

You may use a solicitor, notary, bank, financial institution, independent professional person, a family doctor, chartered accountant, civil servant, or minister of religion unless you are a non-UK resident when you must use a solicitor, notary or a member of a financial institution. By agreeing to these terms you agree to allow us to do so.

Legal advisor

Freeman & Gray will need to disclose the name, address, contact details, proposed purchase address, the amount the property is being sold/purchased for and any conditions of sale in relation to both the Seller and the Purchaser to the Legal Advisors acting on either or both sides of the transaction.

When booking a viewing, if the landlord/vendor is conducting the viewings themselves we will pass your contact number to them to confirm the viewing. If an offer is submitted on a property you have viewed you will automatically receive an email, this is to give you a chance to submit your offer.