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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 5432
Experience:  Director and Principal Solicitor. UK
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I wanted done help with running an online business terms and

Customer Question

I wanted done help with running an online business terms and conditions
JA: What state are you in? And have you consulted a local attorney?
Customer: Uk
JA: Has anything been officially filed? If so, what?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It's in the estate agent industry
Submitted: 18 days ago.
Category: Law
Customer: replied 18 days ago.
I'm creating a website that allows home owners in England and Wales to publish an advert that there house is for sale
Expert:  SolicitorRM replied 18 days ago.

Good evening. Welcome to just answer. I am a solicitor and reviewing your question now for you.

Customer: replied 18 days ago.
Then house buyers can use the website to search for properties, contact the buyer to arrange viewings and make offers etc
Expert:  SolicitorRM replied 18 days ago.

If the service is to individuals you just need to ensure that your terms and conditions provide transparently your pricing. The cancellation rights, Amy cooling off period ( you shouldn’t need to provide the 14 days because the contracts rejected to real property as opposed to goods and service. And also introduction clauses are crucial in the real estate industry. Amy follow up do not hesitate to send your message and I am glad to guide you furt

Customer: replied 18 days ago.
I wanted to understand if running the business in this way would mean I'm considered an estate agent. Or if there is a way for me not to be considered as an estate agent, from a legal and regulatory perspective
Expert:  SolicitorRM replied 18 days ago.

If you offer it as a platform where buyers and sellers engage directly and you play no part in the negotiations then you would not be an estate agent.

Customer: replied 18 days ago.
The buyers and sellers would use our platform messaging tools to talk to each other and negotiate between themselves. Our platform would hold the messages, notify the seller they have had a new offer message etc. Would this meet the requirements to but be considered as an estate agent?
Customer: replied 18 days ago.
Our staff would pay no role in the actual negotiations
Customer: replied 18 days ago.
The only scenario I can think of where we might be involved is with technical support. Eg if a seller calls or IT support team for help, but this would only be helping them use the platform and would not be to take part in negotiations
Customer: replied 18 days ago.
Do you offer services to draw up terms and conditions?
Expert:  SolicitorRM replied 18 days ago.

On this platform the premium service is available for reviewing your terms and amending them to ensure they are compliant with any current rules and regulations in the relevant field. The fees would be between. 100 and 500, customer services would send the offer to you and when accepted I would be notified. If you have no draft at all and you are looking to retain a solicitor from scratch then it is not a service JA can provide but I would be happy to refer you to contract solicitors who would look to assist and negotiate their fees with you. Let me know what you prefer and I can guide further,

Customer: replied 18 days ago.
I have business terms from a different type of platform business I could potentially amend. Judging if to amend what I have our start from scratch would depend on the cost difference. What perturbed range would you estimate for sharing from scratch?
Customer: replied 18 days ago.
The website terms of service would need to cover the two types of users when they sign-up - Ie. 1. Sellers, 2. Buyers. It would also need to cover General users that don't formally sign-up, but instead browse the site to view properties for sale. In terms of scope they would need to cover a.terms of business b. Data privacy/information commissioner requirements
Expert:  SolicitorRM replied 17 days ago.

Good morning. From scratch would not be done on this platform and I would have to refer you. Firms charge different rates so I couldn't say how much but I would be surprised if it would be less than in thousands of pounds, it is quite time  consuming and a specialism. For amending what you already have here I would expect that it would be at the top of the bracket, I will ask Customer services to send you an offer to consider.

Customer: replied 17 days ago.
With respect to pricing the main way we plan to charge is a success fee, that is payable by the buyer rather than the seller. We currently plan to charge this on successful acceptance of an offer. We also plan to charge sellers for optional add on services, such as for creation of professional photos / floor plans / energy performance certificate etc. Would these pricing models still keep us acting as a platform, rather than an estate agent?
Expert:  SolicitorRM replied 17 days ago.

Hi, the line is very thin and can easily be crossed once you start offering more than just an interface where sellers and buyers can meet and negotiate their transaction, arrange their viewings without your input , finalising their documentation without you managing that. The more you say I am more inclined to seeing you as an online Estate agent but perhaps once I see all your instructions/expectations I can't really form a  view

Customer: replied 17 days ago.
What is the best way for you to understand the instructions / expectations? A call perhaps?
Expert:  SolicitorRM replied 17 days ago.

A call would be fine but where you have been sent an offer for a different premium service an additional offer cant be sent on the same thread. You would need to log a separate thread fr a call regrettably.

Customer: replied 17 days ago.
Thanks. I've created a new thread for a call to be offered against
Expert:  SolicitorRM replied 17 days ago.

Hi, that's ok I will look out for it

Customer: replied 16 days ago.
Picking up on how we plan to NOT charge the seller the main success fee, and only charge the seller for optional add on services such as creating energy performance certificates. Please can I check if there are any constraints on three wording I use when describing and advertising the service to sellers. For example could I use a please such as 'Sell your house for free'
Expert:  SolicitorRM replied 16 days ago.

Good morning. Words are really ambiguous and I think you ought to, in your words, make it clear that we have the platform and you can do your abc  independently and to make experience better/smooth there are these tools. You will need a marketing person to work with words and make what I have suggested catchy.

All the best.