Zoopla Move Terms and Conditions

1. GENERAL

1.1 These Terms and Conditions (terms) supplement our Website Terms and Conditions which are incorporated here. Any defined terms or meanings in our Website Terms and Conditions will apply here unless the context otherwise requires. In the event of any inconsistency between these Terms and Conditions and the Website Terms and Conditions, for the relevant Zoopla product or services, as set out in clause 1.3, these Terms and Conditions will take priority.

1.2 We may amend these terms from time to time. Every time you wish to use our websites, applications or platforms (“Sites”), please check these terms to ensure you understand the terms that apply at that time.

1.3 These terms apply where they are communicated to be relevant to a Zoopla product or service such as when you use the Zoopla or other ZPG Sites: i) to request a provisional quote or estimate from a third party service provider for a product or service related to your property or a property transaction provided by us together with our third party partners; and ii) when you provide your contact details to allow us or a third party to contact you ; and iii) to otherwise be able to provide you with products and services; and iv) to promote and market products and services. (Zoopla Transaction Network).

1.4 The Zoopla Move is provided by Zoopla Limited, a company incorporated in England and Wales with registered offices at The Cooperage, 5 Copper Row, London, England, SE1 2LH (Company Number 06074771) (Zoopla, our, we or us) in conjunction with our third party providers including Legal Marketing Services Limited.

1.5 Zoopla is a subsidiary of ZPG Limited. Any reference in these terms to the Group includes all direct or indirect holding or subsidiary undertakings (defined in the Companies Act 2006) of ZPG Limited.

1.6 Our third party partners help us to promote, market and deliver Zoopla Transaction Network products and services. Legal Marketing Services Limited is our third party partner who helps us deliver conveyancing products and services.

1.7 Third party service providers are the providers of the Zoopla Move products and services.

2. REQUESTING A QUOTE OR ESTIMATE

2.1 Zoopla, together with its third party partners, displays provisional quotes or estimates for products and services related to your property or your property transaction. Provisional quotes or estimates are provided by the relevant third party services providers, and are not provided by us or any member of the Group. Where a product or service is provided by us or any member of our Group separate terms and conditions will apply.

2.2 To see a provisional quote or estimate you will be required to input certain information about your property. We are not able to display provisional quotes or estimates using this feature without required information from you. If you cannot provide all information requested via a form or other means, or you provide inaccurate or incomplete information, you may not be provided with accurate results from our third party partners or the third party service providers within the Zoopla Move.

2.3 You should not submit details or information relating to any other person unless you have authority to do so for a joint request.

2.4 Provisional quotes or estimates displayed on our websites, applications or platforms are indicative and may be subject to third party terms and conditions. Quotes are valid for 14 days from you submitting the request for a quote. If you do not purchase the relevant product and/or service during this time, the quote will expire and you will need to regenerate a quote to proceed with any purchase. The order in which you see quotes in communications to you is randomly generated and not an endorsement or otherwise by us of a particular product and/or service.

2.5 We do not charge for the Zoopla Move products and services, however when instructing a third party service provider additional fees or charges may become due to that third party under the relevant third party terms and conditions. You are responsible for making all payments due to any third party and we shall have no responsibility for payments to any third party.

2.6 We may receive a referral fee or other form of payment if you engage, purchase, register or contract with a third party partner or third party service provider through our websites, applications or platforms.

3. RESPONSIBILITY

3.1 Provisional quotes or estimates are displayed through our third party partner of products and services provided by third party service providers based on the information you input on our websites, applications or platforms.

3.2 We seek to ensure that we accurately pass on the information you have provided for the purpose of providing provisional quotes or estimates. It is your responsibility to check that your details are correct with the third party partner and the third party service providers.

3.3 We don’t accept liability for errors made by our third party partner or the third party service providers or answer complaints on their behalf. If you have a complaint you should contact the third party directly.

3.4 To the fullest extent permitted under applicable law, Zoopla and all Group members are not responsible for any third party content (including inaccurate information or any use of your information when you engage, purchase, register or contract for their product or services).

3.5 If you instruct a third party service provider to provide legal or other regulated products or services to you, you do so under their terms and conditions. We are not liable for any of their legal, regulatory or advisory services or products.

3.6 Any queries or complaints about the provisional quotes or estimates, formal quotes, or services or products provided by our third party partner or third party service providers, should be directed to the relevant third party.

3.7 Nothing on our websites, applications or platforms is or shall be deemed to constitute legal, financial, investment or other advice or a recommendation or endorsement by us in respect of any product or service referred to on websites, applications or platforms. Information is provided for general information purposes only, should not be relied upon by you and is provided so that you can select the product or service that you feel is most appropriate to meet your needs. You should always check the suitability, adequacy and appropriateness of the product or service that is of interest to you and it is your sole decision whether to obtain or refrain from obtaining any product or service from a third party service provider. If you are in any doubt as to the suitability, adequacy or appropriateness of any product or service referred to on our websites, applications or platforms, we suggest you seek independent professional advice before you obtain any such product or services.

4 YOUR DATA

4.1 Using the Zoopla Move products and services may require you to submit property information (which is shared with certain third parties as detailed in these terms) in order to see a range of provisional quotes or estimates. The Move allows you to obtain provisional quotes or estimates from third party service providers with the help of our third party partners. To receive a provisional quote or estimate you will be required to submit personal data such as your contact details which are shared with those third party service providers for different purposes such as to allow you to create a separate account and or contract with them.

4.2 All personal data is processed in accordance with our Zoopla Move Privacy Notice.

4.3 To use the Zoopla Move products and services on our websites, applications or platforms, we require property information from you (which does not constitute personal data). You agree that when you input this information, your property information will be shared with third party service providers to be able to show you provisional quotes or estimates for third party products or services.

4.4 Once the provisional quotes or estimates are provided to you, if you would like to proceed with a chosen third party service provider, you will be required to input further information which will include your personal data. You agree that when you submit such personal data that it will be processed by the third party service provider whom you are requesting a product or services from in accordance with that third party’s privacy notice and terms and conditions. You should review their terms and conditions and privacy notice before engaging with the relevant third party.

4.5 We may receive data about you and your property transaction back from the third party service provider you have chosen to use, either directly or via our third party partner. This data is shared with us to speed up and improve the efficiency of your property transaction and to help keep all parties, where required, informed.

4.6 Receipt of data from these third parties also allows us to understand your engagement with them, and for them to share with us the status of a property transaction to facilitate the accurate receipt of referral or other monies payable to us by third parties, or the payment of monies by us to others, for products and or services you may have chosen to use.

5. INSURANCE

5.1 You may be eligible to make a receive a refund for certain conveyancing fees under our Home Buyers Protection Guarantee (“HBP Guarantee”) if you have purchased certain third party conveyancing products via Zoopla Move on or after 17th June 2024 (“Qualifying Conveyancing Product”) and met the eligibility criteria (detailed below and in the Guarantee Terms and Conditions shown at Annex 1 for Seller and Annex 2 for Buyers). Further details about the HBP Guarantee will be sent to you if you are eligible to receive the HBP. Those terms should be read in conjunction with these terms. If a third party conveyancing product is a Qualifying Conveyancing Product this will be noted when you sign up to the third party product.

5.2. These are some of the main conditions which need to be met in order for you to benefit from being able to make a claim under the HBP Guarantee, but for a full list read the Guarantee Terms and Conditions at Annex 1 for Seller and Annex 2 for Buyers and the terms of the HBP Guarantee which will be sent to you if you are eligible to receive the HBP Guarantee:

5.2.1 The purchase or sale of the property must not be subject to a contract race or sealed bids; and

5.2.2 The property must be located in England, Wales or Northern Ireland and be of permanent construction; and

5.2.3 You must use a solicitor or licensed conveyancer to conduct the conveyancing of the property via the Qualifying Conveyancing Product; and

5.2.4 You must not have had a survey carried out on the property; and

5.2.5 You must provide full and accurate information to all questions asked. Your answers must be true to the best of your knowledge and belief.

5.3 Full details of what is and isn’t covered can be found in the Guarantee Terms and Conditions at Annex 1 for Seller and Annex 2 for Buyers. You should check the HBP Guarantee cover carefully to ensure that it meets your needs.

5.4 Rhino Protect Limited will administer any claim under the HBP Guarantee, including but not limited to being your first place of contact when making a claim, dealing with the claim process with you and reimbursing you under the HBP Guarantee.

5.5 In addition to the above, in order to receive the benefit of being able to claim under the HBP Guarantee you need to provide us with the following information, which you consent to us providing to Rhino Protect Limited in order for them to administer the HBP guarantee:

5.5.1 Full Name / Company Name

5.5.2 Full Name of anyone else purchasing/selling the property

5.5.3 Correspondence address 1

5.5.4 Correspondence address 2

5.5.5 Risk Address 1 (property being purchased or sold)

5.5.6 Risk Address 2

5.5.7 Confirm whether a survey has been undertaken on the property?

5.5.8 Confirm whether the purchase / sale of the property has been subject to sealed bids or a contract race?

5.6 The HBP Guarantee may be withdrawn at any time, but this will not affect the validity of any HBP Guarantee cover incepted prior to this product being withdrawn.

5.7 To the fullest extent permitted by law, we are not liable for any loss or damage arising from the HBP Guarantee. If you want to opt-out of the HBP Guarantee, have a claim or complaint then you must submit to us prior to the HBP Guarantee documents being sent to you.

5.8 If you become aware that information you have given us or Rhino Protect Limited is inaccurate or has changed, you must inform us or Rhino Protect Limited as soon as possible. Failure to do this may invalidate your ability to bring a claim under the HBP Guarantee and your claims may not be paid. You can find Rhino Protect Limited’s helpline number can be found in the Guarantee Terms and Conditions. Rhino Protect Limited’s privacy policy can be found here.

6. ACCEPTABLE USE

Your use of the Zoopla Move is subject to the acceptable use requirements in our Website Terms and Conditions or otherwise provided by us from time to time. In particular, you must not use the Zoopla Move to send an unreasonable number of requests for provisional estimates or quotes.

7. GOVERNING LAW AND JURISDICTION

These terms are governed by English Law and any contractual or non-contractual disputes arising out of or in connection with the Zoopla Transaction Network will be subject to the exclusive jurisdiction of the English Courts.

These terms and conditions were last updated June 2024

Annex One

Home Buyers Protection Guarantee Terms and Conditions - Sellers

About the guarantee

The guarantee is provided to you by Zoopla Limited (“We” or “Us”) whose registered office is The Cooperage, 5 Copper Row, London, SE1 2LH.

You must comply with the terms and conditions of the guarantee. If you fail to comply with the terms and conditions of the guarantee contained here and as will be provided to you, you may not be able to claim under the guarantee.

In the event of the failure of your property sale to complete, subject to the terms of the guarantee, you will be reimbursed for the costs for conveyancing up to the limit of £1250.00 including VAT, except that the guarantee will not cover the payment of Value Added Tax (VAT) where you are able to recover the VAT from HM Revenue & Customs. This will be provided in the event that your property sale fails to complete during the Period of Guarantee detailed below

Making a claim against this guarantee

You must notify Rhino immediately after you first become aware of any cause, event or circumstances which could give rise to a claim against this guarantee. You must provide any information, receipts or other evidence requested and co-operate with them fully throughout the assessment of any claim made by you.

Rhino’s details can be found on the Guarantee document which will be sent to you following your inclusion in the guarantee.

Definitions

The following words or phrases have the same meaning whenever they appear in italics in this document.

Claim date The date upon which you are notified either verbally or in writing of an insured event occurring that affects the sale of the property and is covered by this guarantee.

Computer Virus A set of corrupting, harmful, or otherwise unauthorised instructions or code, whether these have been introduced maliciously or otherwise, and multiply themselves through a computer system or network of whatsoever nature.

Contract race Where you have received two or more offers for the property with the intention of selling to the party that is ready to exchange contracts first.

Conveyancing The legal process conducted by your solicitor whereby the ownership of the property is transferred from you to the buyer.

Conveyancing fees The amount charged by your solicitor as their fees for the conveyancing.

Costs & expenses Conveyancing fees, legal fees and disbursements incurred by you as part of your sale of the property.

Electronic Data The facts, concepts and information stored to form useable date for communications, interpretations, or processing by electronic or electromechanical data processing or other electronically controlled hardware, software and other coded instructions for the processing and manipulation of data, or the direction and manipulation of such hardware.

End date

The date your cover ends being the date of the first of the following:

1. You make a claim on this guarantee; or

2. You or we cancel this guarantee; or

3. You fail to comply with the terms and conditions of this guarantee; or

4. You complete on the sale of the property; or

5. The guarantee expiry date has been reached (as detailed on your guarantee schedule.) being 180 days after the guarantee has commenced.

Event An event that occurs during the period of guarantee and leads to your sale of the property failing.

Guarantee Limit The maximum costs & expenses you will be reimbursed, being £1250.00 including VAT, relating to the sale of the property that you are legally liable for or have incurred up to the claim date.

Period of guarantee The period which must commence within seven days of the start date and finishes on the end date.

Property A property that has been built or converted for private use only and is subject to local council tax (at any rate) and is a permanently-constructed domestic dwelling situated within the territorial limits, that you have received an offer from the buyer and that offer has been accepted by you. The guarantee does not cover mobile homes, caravans or any other type of non-permanent dwelling.

Redundancy Where the person(s) buying the property are unable to work due to being made redundant as defined in Section 139 of the Employment Rights Act 1996. To qualify for the guarantee cover the person buying the property must have been in full time employment for a minimum of six months prior to the start date and not be aware of any impending redundancy at the start date of this guarantee.

Relocation Where the person(s) buying the property are advised that they are to be permanently relocated to an alternative place of work which is greater than fifty miles from the property.

Self-employed Means You are: (i) Actively working for financial gain in a business or profession, alone or in association with others, and paying Class 2 National Insurance Benefit Contributions, or (ii) A non-salaried partner in a partnership, or (iii) A director of (or someone who has a shareholding in) a private limited company with an issued and fully paid share capital of less than £1,000.

Solicitor Means either: (i) a professional lawyer or firm of lawyers, registered and authorised by the Law Society of England, Scotland, Wales or Northern Ireland to practice; or (ii) a Licensed Conveyancer, in each case provided they have been instructed through Zoopla Move.

Start date Within fourteen days from the date on which your solicitor is instructed and once your formal written acceptance to sell the property has been sent to the buyer or their representatives.

Territorial limits England, Scotland, Wales and Northern Ireland.

Terrorism Is any act including but not limited to the use, or threat, of violence or force by any person or organisation involving, causing or threatening harm or putting the public or any section of the public in fear if it is likely that the purpose is of a political, religious, ideological (of an intellectual or rational nature) or similar nature.

We, us or our Zoopla Limited, The Cooperage, 5 Copper Row, London, SE1 2LH.

You/Your The person selling the property or anyone appointed to act on your behalf.

The guarantee will cover

The guarantee will pay your costs & expenses up to the guarantee limit following the occurrence of one or more of the following events:

1. The buyer has an adverse search on the property, which either restricts, or is seriously detrimental to a successful transaction;

2. The mortgage lender’s valuation of the property being less than 90% of the sum you have accepted;

3. Structural defects to the property and the cost of rectification works is more than 10% of the sum you have accepted;

4. The buyer’s death and any surviving partner being unable or unwilling to continue with the purchase;

5. The buyer being diagnosed with a terminal illness and being unable or unwilling to continue with the purchase;

6. The buyer being given notice of redundancy and is unable or unwilling to continue with the purchase;

7. The buyer’s employers’ relocation not completing.

The guarantee will not cover

The guarantee will not reimburse costs and expenses:

1. Incurred before the start date.

2. Where the sale of the property is subject to a contract race or sealed bids.

3. If you withdraw from the sale of the property for any reasons other than those specifically covered by this guarantee.

4. If you are aware of a previous survey having been carried out to the property up to 90 days prior to the start date, which may give cause for the sale to fail.

5. If you have already had a survey undertaken on the property before the guarantee is issued to you, that may give cause for the sale to fail;

6. If you are aware, prior to the start date, of any circumstances which could lead to a claim being made under this guarantee.

7. If you deliberately and knowingly cause a delay or behave in a manner that results in the failed sale.

8. Where they can be reimbursed by your employer.

9. Where you are able to obtain a refund.

10. Where, in the case of redundancy:

a. You are self-employed;

b. You are a company director or partner of the company giving notice of redundancy; or,

c. The redundancy is voluntary.

11. Any direct or indirect consequence of war, civil war, invasion, acts of foreign enemies (whether war be declared or not), rebellion, revolution, insurrection, military or usurped power, or confiscation, nationalisation, requisition, destruction of or damage to property by or under the order of any government or public or local authority;

12. Any direct or indirect consequence of:

a. irradiation or contamination by nuclear material; or

b. the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter; or

c. any device or weapon employing atomic or nuclear fission and / or fusion or other like reaction or radioactive force or matter;

13. Any consequence, howsoever caused, including but not limited to computer virus in electronic data being lost, destroyed, distorted, altered or otherwise corrupted;

14. Any direct or indirect consequence of terrorism as defined by the Terrorism Act 2000 and any amending or substituting legislation;

15. Damage or destruction directly occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;

16. Any other costs that are directly or indirectly caused by the event which led to a claim unless specifically stated in this guarantee;

17. Any claim relating to a dispute where providing cover, payment of any claim or the provision of any benefit where doing so would breach any sanction, prohibition or restriction imposed by law or regulation.

18. VAT which you are able to recover from HM Revenue & Customs.

General conditions

Failure to keep to any of the terms and conditions supplied to you in relation to the guarantee may lead us to cancel your guarantee or your claim being refused or withdraw from an ongoing claim. We also reserve the right to recover costs and expenses from you should this occur.

1. Our consent

We must give our written consent to pay any claim under the guarantee.

2. Insurance

The guarantee will not pay for any claim covered by a policy of insurance or guarantee held by you, or any claim that would have been covered by any other policy or guarantee if this guarantee did not exist.

3. Fraudulent claims

You must not act in a fraudulent way. If you or anyone acting for you:

a. fails to reveal or hides a fact likely to influence whether we accept your proposal or any adjustment to your guarantee;

b. fails to reveal or hides a fact likely to influence the cover we provide under your guarantee;

c. makes a statement to us, Rhino or anyone acting on our behalf, knowing the statement to be false;

d. sends us, Rhino or anyone acting on our behalf a document, knowing the document to be forged or false;

e. makes a claim under the guarantee, knowing the claim to be false or fraudulent in any way; or

f. makes a claim for any loss or damage you caused deliberately or with your knowledge.

If your claim is in any way dishonest or exaggerated, you will not be paid any benefit under this guarantee and we may cancel your guarantee immediately and backdate the cancellation to the date of the fraudulent claim. We may also take legal action against you and inform the appropriate authorities.

4. Subrogation

If you claim under the guarantee we may take over your rights of action against any third party for our own benefit, before or after we have paid your claim, to recover any costs or payments we may make.

5. Recovery of costs and expenses

If you receive a reimbursement payment to you under the terms of this guarantee and subsequently you successfully purchase the property, we may request from you full reimbursement of any monies paid to you

6. Governing law

The guarantee is governed by English law. If there is a dispute, it will only be dealt with in the courts of England or of the country within the United Kingdom in which your main residence is situated.

7. Contracts (Rights of Third Parties) Act 1999

A person who is not party to this contract has no right to enforce the terms and conditions of the guarantee under the Contracts (Rights of Third Parties) Act 1999.

Annex Two

Home Buyers Protection Terms and Conditions - Buyers

About the guarantee

The guarantee is provided to you by Zoopla Limited (“We”or “Us”) whose registered office is The Cooperage, 5 Copper Row, London, SE1 2LH.

You must comply with the terms and conditions of this guarantee. If you fail to comply with the terms and conditions of the guarantee contained here and as will be provided to you, you may not be able to claim under the guarantee.

In the event of the failure of your property sale to complete, subject to the terms of the guarantee, you will be reimbursed up to the following costs:

£1,000.00 incl. VAT Conveyancing Fees

£250.00 incl. VAT Survey / Valuation Fees:

Except that the guarantee will not cover the payment of Value Added Tax (VAT) where you are able to recover the VAT from HM Revenue & Customs. This will be provided in the event that the property you are buying fails to complete during the Period of Guarantee detailed below and in the terms of the Guarantee which will be sent to you.

Making a claim against this guarantee

Rhino’s details can be found on the Guarantee document which will be sent to you following your inclusion in the guarantee.

Definitions

The following words or phrases have the same meaning whenever they appear in italics in this document.

Break in the chain The house You are selling falls through due to one or more of the buyers in the chain not proceeding.

Claim date The date upon which you are notified either verbally or in writing of an event occurring that affects the purchase of the property and is covered by this guarantee.

Contract race Where the vendor has received two or more offers for the property with the intention of selling to the party that is ready to exchange contracts first.

Conveyancing The legal process conducted by your solicitor whereby the ownership of the property is transferred from the vendor to you.

Conveyancing fees The amount charged by your solicitor as their fees for the conveyancing.

Costs and expenses Conveyancing fees, mortgage arrangement fees/lender’s fees and survey fees that you have incurred as part of your purchase of the property.

End date The date your guarantee ends being the date of the first of the following:

1. you make a claim on this guarantee; or

2. you or we cancel this guarantee; or

3. You fail to comply with the terms and conditions of this guarantee; or

4. you complete on the purchase of the property; or

5. the guarantee expiry date has been reached (as detailed on your guarantee schedule), being 180 days after the guarantee has commenced.

Event(s) An event that occurs during the period of guarantee and leads to your purchase of the property failing:

Guarantee limit The maximum costs & expenses that you will be reimbursed, being £1,000.00 incl. VAT Conveyancing Fees and £250.00 incl. VAT Survey / Valuation Fees, relating to the purchase of the property that you are legally liable for or have incurred up to the claim date:

Period of guarantee The period which must commence within seven days of the start date and finishes on the end date, as detailed in your guarantee schedule.

Property A property that has been built or converted for private use only and is subject to local council tax (at any rate) and is a permanently-constructed domestic dwelling situated within the territorial limits, that you have made an offer to purchase and that offer has been accepted by the vendor. This guarantee does not cover mobile homes, caravans or any other type of non-permanent dwelling.

Reasons beyond your control Where you have no adverse influence on the outcome of the purchase failing.

Redundancy Where you or the person who is buying the property with you, are unable to work due to being made redundant as defined in Section 139 of the Employment Rights Act 1996. To qualify for this cover you or the person buying the property with you must have been in full time employment for a minimum of six months prior to the start date and not be aware of any impending redundancy at the start date of this guarantee.

Relocation Where you or the person who is buying the property with you, are advised that they are to be permanently relocated to an alternative place of work which is greater than fifty miles from the property.

Self-employed Means you are: (i) Actively working for financial gain in a business or profession, alone or in association with others, and paying Class 2 National Insurance Benefit Contributions, or (ii) A non-salaried partner in a partnership, or (iii) A director of (or someone who has a shareholding in) a private limited company with an issued and fully paid share capital of less than £1,000.

Start date Within fourteen days from the date on which your solicitor is instructed and once your formal offer to purchase the property, from either the vendor or their representatives has been received.

Survey fees The amount paid by you to a qualified valuer or surveyor to carry out a house buyers report or valuation or structural survey of the property.

Territorial limits England, Scotland, Wales and Northern Ireland.

Valuation fees The amount paid by you for the mortgage lender's valuation of the property.

Vendor The party from whom you are buying the property.

We, us or our Zoopla Limited The Cooperage, 5 Copper Row, London, SE1 2LH.

You/Your The person purchasing the property and may include you or any person buying the property with you who intends to reside in the property with you, or anyone appointed to act on your behalf.

The guarantee will cover

The guarantee will pay Your costs & expenses up to the guarantee limit following the occurrence of one or more of the following events

1. The property is withdrawn from sale by the vendor due to reasons beyond your control.

2. The vendor receives and accepts an offer from a third party, which is a minimum of £1000 greater than the offer from you previously accepted by them.

3. A Local Authority search highlights that the property is the subject of a compulsory purchase order;

4. The vendor is not legally entitled to sell the property or to transfer interest in the property to you.

5. You or the person who is buying the property with you:

a. die and the survivor is unable or unwilling to continue with the purchase; or,

b. are given notice of redundancy and you are unable or unwilling to continue with the purchase; or;

c. are given notice of relocation and you are unable or unwilling to continue with the purchase.

6. You are diagnosed with a terminal illness and are unable or unwilling to continue the purchase.

7. The initial mortgage lender’s valuation of the property is less than 90% of the sum you have offered for the property and which has been accepted by the vendor.

8. Prior to the releasing of funds the mortgage lender insists on rectification work being carried out to the property, the cost of which exceeds 10% of the sum you have offered and which has been accepted by the vendor.

9. The mortgage lender applies a retention on the loan for the property and this figure exceeds 10% of the sum you have offered for the property and which has been accepted by the vendor.

10 The property sustains damage during the period of guarantee where the total cost of rectification work exceeds 10% of the property value.

The guarantee will not cover

We will not pay costs and expenses:

1. Incurred before the start date.

2. Where the purchase a property that is subject to a contract race or sealed bids;

3. If there is a break in the chain below you, preventing you from purchasing the property

4. If you withdraw from the purchase of the property for any reasons other than those specifically covered by this guarantee.

5. If you are aware of a previous survey having been carried out to the property up to 90 days prior to the start date, that may give cause for the purchase to fail.

6. If you have already had a survey undertaken on the property before the guarantee is issued to you, that may give cause for the sale to fail;

7. If you are aware, prior to the start date, of any circumstances which could lead to a claim being made under this guarantee.

8. If you deliberately and knowingly cause a delay or behave in a manner that results in the failed purchase.

9. Where you have made a reduced offer leading to a failed purchase.

10. Where they can be reimbursed by your employer.

11. Where you are able to obtain a refund.

12. Relating to any property that you are selling

13. Any direct or indirect consequence of war, civil war, invasion, acts of foreign enemies (whether war be declared or not), rebellion, revolution, insurrection, military or usurped power, or confiscation, nationalisation, requisition, destruction of or damage to property by or under the order of any government or public or local authority;

14. Any direct or indirect consequence of:

a. irradiation or contamination by nuclear material; or

b. the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter; or

c. any device or weapon employing atomic or nuclear fission and / or fusion or other like reaction or radioactive force or matter;

15. VAT which you are able to recover from HM Revenue & Customs.

16. Any consequence, howsoever caused, including but not limited to Computer Virus in Electronic Data being lost, destroyed, distorted, altered or otherwise corrupted;

17. Any direct or indirect consequence of terrorism as defined by the Terrorism Act 2000 and any amending or substituting legislation;

18. Damage or destruction directly occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;

19. Any other costs that are directly or indirectly caused by the event which led to a claim unless specifically stated in this policy;

20. Any amount that is recoverable upon the occurrence of an Event at no expense to Your customer under any guarantee, warranty, maintenance, and rental hire or lease agreement;

21. Any claim relating to a dispute where providing cover, payment of any claim or the provision of any benefit where doing so would breach any sanction, prohibition or restriction imposed by law or regulation.

22. Where, in the case of redundancy:

a. You are self-employed;

b. You are a company director or partner of the company giving notice of redundancy; or,

c. The redundancy is voluntary.

General conditions

Failure to keep to any of these conditions and the terms of the guarantee which will be sent to you may lead us to cancel your guarantee and/or your claim being refused or withdraw from an ongoing claim. We also reserve the right to recover costs and expenses from you should this occur.

1. Our consent

We must give our written consent to pay any claim under the guarantee.

2. Insurance

3. Fraudulent claims

You must not act in a fraudulent way. If you or anyone acting for you:

a. fails to reveal or hides a fact likely to influence whether we accept your proposal or any adjustment to your guarantee;

b. fails to reveal or hides a fact likely to influence the cover we provide under your guarantee;

c. makes a statement to us or anyone acting on our behalf, knowing the statement to be false;

d. sends us or anyone acting on our behalf a document, knowing the document to be forged or false;

e. makes a claim under the guarantee, knowing the claim to be false or fraudulent in any way; or

f. makes a claim for any loss or damage you caused deliberately or with your knowledge.

4. Subrogation

5. Recovery of costs and expenses

If you receive a reimbursement payment to you under the terms of the guarantee and subsequently you successfully purchase the property, we may request from you full reimbursement of any monies paid to you.

6. Governing law

7. Contracts (Rights of Third Parties) Act 1999

A person who is not party to this contract has no right to enforce the terms and conditions of the guarantee under the Contracts (Rights of Third Parties) Act 1999.