Here’s what you need to know.
SERVICE AGREEMENT
SERVICE AGREEMENT - By purchasing our services, you agree to the conditions and contents of this Service Agreement.
We are:
Notable Magnolia – Property Services Unip Lda.
AMI: 19721
NIPC: 516533185
We refer to ourselves as LPS in this document. We provide real estate mediation services across Portugal.
This document (referred to as our Service Agreement or this Agreement) governs the relationship between you and LPS in connection with our provision of the Products and Services to you.
This Service Agreement sets out the rights and obligations between you and us in connection with the Products and Services for Real estate mediation, and it also gives you information about these Products and Services, how we will provide them to you, as well as the costs and charges applicable them.
It also contains other important information which you should be aware of before you take up any of our Products and Services. We encourage you to read through this Agreement before you enter into it, and to print off a copy of this document and refer to it as you use our Products and Services. LPS will also send you a paper copy of this Service Agreement if you request one. You can request a paper by sending an email to the email address below.
Our details are as follows, and you can contact us by post or email using the details below
Notable Magnolia – Property Services Unip Lda. (trading as LPS) has its registered office at Lagoas Park, Edifício 7 Piso 1 Sul, Porto Salvo, 2740-244, Portugal.
Email address: info@laranjeirasproperty.com
Please be aware that we may change some of the terms and conditions in this Service Agreement in accordance with our rights set out below. Where we do so, we will give you reasonable notice of the change(s) taking effect, unless we consider the change(s) to be to your advantage in which case they may take effect immediately.
Instructing LPS
Our Products and Services are set out in this section. They consist of our Accompanied service, our Unaccompanied service and our 2% pay later service. More details about each of these can be found on our Website. Our Products and Services may change over time.
LPS is an online real estate agency. We will help you to sell or let your property, by providing you with Products and Services which help to market and promote your property to potential purchasers.
Selling your property
Our Unaccompanied service includes:
Remote access to a dedicated LPS agent;
Professional photography editing;
Producing floor plans (where applicable);
Producing a custom marketing campaign for your property;
Listing your property on at least two third-party Portuguese property listing sites for 3 months; and
Remote access to a sales support team for the duration of this Service Agreement.
Our Accompanied service, which includes all of the benefits of the ‘Unaccompanied service’ listed immediately above also includes:
10 x 30 minute accompanied viewing appointments: We will show potential buyers around your property. (Each additional viewing will incur an extra fee of 75EUR)
Note: The Accompanied service is only available in the Lisbon Metropolitan Area
Our 2% pay later service, which includes all of the benefits of the ‘Unaccompanied service’ listed above also includes:
Unlimited accompanied viewing appointments for 3 months: We will show potential buyers around your property.
Note: The 2% service is only available in the Lisbon Metropolitan Area
When you Instruct LPS you confirm that you do so with the knowledge, consent and agreement of each and all of the legal owners and occupiers and any other person who has an interest in the marketing and/or sale of the Property (whether that is a beneficial owner of all or part of the Property, an agent with whom you have agreed to market or sell the Property or any other relevant person).
You also confirm that you have all relevant authorities and authorisations as are necessary or required to enable you to take advantage of the Products and Services. This may include a trust document, a court order, a deed or a power of attorney, depending on your circumstances and to the extent that you require one of these documents to authorise you to sell the property. Where you are selling as an owner-occupier, these documents are unlikely to be required.
Payment
We will only charge you the Service Fees as they are advertised when you enter into this Agreement. The Service Fees are fixed.
Prices exclude IVA. IVA will be added on checkout at applicable rate. You will be required to provide us with your credit or debit card details and we will obtain approval for an amount up to the amount of the Service Fee and debit that amount from your card, or send an invoice which is payable by bank transfer.
When you take advantage of any of our Products and Services we may take certain information from you such as the name on the card, card number, start date, expiry date, security code or issue number. This information will be used to take the agreed payment and will not be stored on our system. Your credit or debit card details will be stored by the Merchant Provider who will retain the information in accordance with their terms and conditions.
Cancellations and refunds
Once you have ordered our services you will be liable to pay the total value. Should you wish to cancel or withdraw any Products and Services you may do so at any time. However, under no circumstances will any full or part credit be made in respect of Service Fees and Advertised Rates unless you cancel this Service Agreement within a ‘cooling off period’ as described below.
You will be entitled to a 14-day cooling off period from the moment you pay for your chosen Service and enter into this Agreement with LPS.
Should you wish to cancel or withdraw any Products or Services you may do so at any time by sending an email to info@laranjeirasproperty.com.
If you notify us of your intention to cancel this Agreement after we have begun to provide you with the relevant Products and/or Services you will no longer be entitled to a full refund of the Service Fee. Where we have produced floorplans, edited photographs or where the LPS has begun to create your Listing, you would no longer be entitled to a full refund, even if your Listing has not yet been published.
You can exercise your right to cancel during the cooling off period by giving us a clear statement of your intention to cancel by email.
By entering into this Agreement, you agree that LPS may begin to provide you with the relevant Products and/or Services during the cooling off period and that as a result you may not be entitled to a full refund of the Service Fee.
This Agreement will continue until the earlier of the expiry of the Listing Period, Completion, or the date that you cancel this Agreement unless you do not comply with your obligations.
If you materially breach your obligations under either this Agreement; or if you require us to take any step which may put us in breach of our legal or professional obligations then we may cancel this Agreement on giving you 14 days’ notice (unless we are required to cancel it sooner, in order to comply with our legal or professional obligations).
The length of this service agreement is 3 months. After 3 months from the date of purchase, this service agreement will terminated automatically. This does not affect ongoing sales-support.
We reserve the right to refuse service.
Approving your Listing
You will be notified by LPS as soon as the Listing is available for approval. We always aim to do this as soon as reasonably possible.
You are responsible, regardless of which Product or Services we provide you with, for ensuring that all descriptions, photographs, floor plans and information uploaded and/or used in any advertising and marketing are accurate, current and are in no way misleading. Where we produce any description, photograph or floor plan as part of the Products and Services we provide to you, we will ask you to approve such description, photograph and/or floor plan by providing your approval for the Listing to ensure that they are accurate, current and not misleading. If any of the information you provide or approve is, or is found to be inaccurate, not current, or misleading it will be removed immediately. However, there will be no full or part credit in respect of Product Service Fee under these circumstances.
We will advertise and market your property for the 3 months on such property portals, websites or publications as we consider to be the most effective at securing interest on your property from potential purchasers and tenants in our absolute discretion. We may withdraw or no longer take advantage of the services of such property portals, websites or publications at our absolute discretion. The Listing will be kept live either for three months from date of listing or until sold – whichever comes first. This includes any time marked as SOLD STC (off market) in this three month period
Photographs
You can only send us photographs that show your property for marketing purposes.
In order to ensure the best possible service for all of our customers we will examine any photographs that are sent by you in advance of them becoming live on the property portals.
We reserve the right to refuse to allow any image to be uploaded, made live or presented on any marketing or property portal that we consider in our absolute discretion to be inappropriate, inaccurate, misleading or likely to cause distress or embarrassment to anyone viewing the image.
Listing and Marketing
We will List and market your property for the Listing Period on such property portals, websites or publications as we consider to be the most effective at securing interest on your property from potential purchasers and tenants. We may, however decide to withdraw, or no longer take advantage of the services of such property portals, websites or publications.
Viewings
Subject to Interruption, if you have chosen to conduct your own viewings you may inform your dedicated LPS Agent of when you are available. This will enable people who want to view, to choose a date and time to suit them. You will be notified when a viewing is booked. Where a viewing is requested outside of this availability, we will ask that you confirm the viewing. It is your responsibility to do this immediately.
Subject to Interruption we will schedule viewings according to your availability. You will be notified immediately when a viewing is booked. We will provide you with the name of the person(s) who wish to view together with the date and time.
If LPS are conducting the viewings on your behalf, you will still be notified of the above information.
If you take advantage of the Accompanied service offered by LPS, we will conduct 10 viewings for a fixed price as advertised. Under these circumstances, it is still your responsibility to ensure that the property is ready and prepared for the viewing, is in a safe condition and that the LPS Agent that we arrange to conduct your viewing has access to the property at the date and time of the viewing.
The Accompanied Service includes 10 x 30-minute viewing appointments (cancellations will be counted as a viewing appointment) during the period of three months from when listing goes live. LPS reserves the right to stop viewings at our discretion. These can be a mixture of 30 minute private viewing appointments and 30 minute open house appointments.
We reserve the right to withdraw the viewings service at any time. However, there will be no full or part credit in respect of Product Service Fees under these circumstances.
Feedback
We will request feedback from every person who has viewed or was due to view your property. We will prompt them for feedback continuously unless they confirm that they do not wish to provide feedback. We will forward on the feedback that we receive.
Offers
Subject to Interruption we will report offers to you as soon as reasonably possible after they are received. The circumstances of the potential purchaser or tenant, their desire to proceed and desired timing for effecting the purchase, will be requested and, to the extent received, provided to you.
We will make such anti-money laundering checks as are required to ensure the offer made meets our criteria for a sale to proceed.
The information will always be made available exactly how it is provided by the potential purchaser or tenant.
You will get a choice whether to accept the offer, reject the offer, reject and negotiate or you can opt for LPS to negotiate everything on your behalf. You will get to choose one of these options each time you receive an offer.
We will always act on your behalf and negotiate the best possible offer for your property, without any conflict of interest.
Personal interest
We will always inform you as soon as we become aware of anyone making an offer for your property that is in any way connected with LPS; whether they are employed or engaged by us, a family member of a director of LPS or a person providing services to us.
In the event that you are aware of any personal interest from anyone connected with LPS you should notify us immediately. We will then make such enquiries as we consider necessary and provide you with a notification in writing of the nature of the personal interest. You will have the sole discretion to decide whether you wish to deal with the person or persons concerned. We will never knowingly permit any offer to be made or sale agreed with someone connected to LPS unless we have provided you with written notice. This written notice will ordinarily be displayed when you review the offer.
Sales
We will provide you as far as reasonably practicable with advice and assistance once a sale is agreed.
Provision of personal information
For the effective use of the Products and Services we will be providing certain people with personal information such as your name, address, contact details, viewing availability, agreed sale price and position to proceed. It is your responsibility to provide accurate up to date personal information.
Third-party companies
We will introduce to you, the buyer / tenant or any prospective buyer / tenant (where we deem appropriate and / or necessary) third party services (“the services”) such as mortgages, insurance, letting services and conveyancing.
We may receive commission for introducing you to third parties but only when you agree to take advantage of such products or services. You may decide of your own free will and we will never pressurise or require you to use such products or services. You hereby expressly agree and accept that in the event that we introduce a product or service from a third-party company that we may accept a payment or commission as a result of that introduction.
We may arrange for third parties to provide some of the Products and Services to you on our behalf. Whilst we will make all reasonable efforts to ensure that they continue to provide an exceptional service we cannot accept liability for the conduct and service of those third parties acting on our behalf.
How we will communicate
By agreeing to these terms, you choose to receive information from us by way of email unless another method is more appropriate in the circumstances. If we leave a voicemail or email you, we’ll assume you received it on the same day. If we post documents to you, we’ll assume you have received them three days after the date of posting.