Unlock Property - Terms & Conditions
(Specialists in Selling Tenanted Properties in Scotland)

1. Introduction

These Terms and Conditions govern the relationship between Unlock Property ("the Company", "we", "us") and you ("the Client", "you") in connection with the sale of tenanted properties. These terms comply with Scottish law and the jurisdiction of the Scottish courts. By engaging our services, you agree to these terms.

2. Our Services

Unlock Property provides estate agency services specializing in the sale of properties with tenants in situ. Our services include:

  • Valuation and market appraisal of the property.

  • Marketing and advertising to potential buyers.

  • Coordinating property viewings.

  • Facilitating negotiations and sales agreements.

  • Advice on the implications of tenancy agreements in relation to the sale.

3. Client Obligations

You, as the Client, agree to:

  • Provide accurate and truthful information about the property, including tenancy agreements, tenant details, and rent schedules.

  • Ensure the property and its tenancy agreements comply with Scottish housing legislation, including the Private Housing (Tenancies) (Scotland) Act 2016.

  • Notify tenants of the intention to sell the property, in line with the requirements of Scottish law.

  • Authorise Unlock Property to market the property and provide access for viewings with reasonable notice to tenants.

4. Tenancy Compliance

  • You confirm the tenancy complies with Scottish regulations, including:

    • Proper registration as a landlord with the relevant local authority.

    • Tenancy deposits held in a government-approved scheme.

    • Provision of required documents such as tenancy agreements, the Tenant Information Pack, and safety certificates.

  • Unlock Property bears no liability for any legal or financial penalties due to non-compliance with tenancy or housing laws.

5. Marketing and Advertising

  • Unlock Property will market your property through appropriate channels, including online listings, direct outreach, and industry networks.

  • Tenancy details, including rental income and lease duration, may be disclosed to prospective buyers unless you instruct otherwise in writing.

  • Marketing materials will not be misleading and will align with property information you provide.

6. Fees and Payment

  • Our fees will be detailed in the written Agency Agreement, typically as a percentage of the final sale price or as a fixed fee.

  • Fees become payable upon completion of the sale.

  • If the sale fails due to actions by you or non-compliance with legal obligations, we may charge reasonable costs incurred during the marketing and negotiation process.

7. Exclusivity

  • The Client agrees to grant Unlock Property exclusive rights to market the property during the agreed term of the Agency Agreement.

  • If the property is sold through another party or privately during this exclusivity period, our agreed fees will still be payable.

8. Tenant Notifications and Viewings

  • As required by Scottish law, you must provide tenants with reasonable notice of viewings (minimum of 48 hours).

  • Unlock Property will liaise with you to ensure all arrangements are handled sensitively and in compliance with tenancy agreements.

9. Termination of Agreement

  • Either party may terminate the agreement with 14 days’ written notice.

  • If terminated before the agreed term, Unlock Property reserves the right to recover costs incurred for services provided up to that point, including marketing expenses.

10. Confidentiality

  • We will keep all client information confidential and use it solely for the purpose of marketing and selling your property.

  • You agree not to disclose sensitive information about Unlock Property's processes or pricing to third parties.

11. Limitation of Liability

Unlock Property will not be liable for:

  • Any loss caused by delays in the sale process or actions by third parties, including tenants or buyers.

  • Penalties resulting from non-compliance with legal obligations by the Client.

  • Any misrepresentation or inaccuracies in the property information provided by the Client.

Our liability for any claim under these terms is limited to the amount of our fees for the specific transaction.

12. Scottish Law and Jurisdiction

These Terms and Conditions are governed by the laws of Scotland. Any disputes arising will be subject to the exclusive jurisdiction of the Scottish courts.

13. Dispute Resolution

Should any dispute arise, both parties agree to seek an amicable resolution. If unresolved, the matter may be referred to an independent arbitrator in accordance with Scottish law.

By engaging Unlock Property, you confirm your acceptance of these Terms and Conditions.