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SmartBuyer Terms & Conditions

These SmartBuyer Terms & Conditions were last updated on 26 April 2023.

These SmartBuyer Terms & Conditions govern your use of the SmartBuyer Service (as defined hereunder) and constitute a legally binding agreement between you and Better.co.uk. Please note that our Terms of Business may also apply to you, in respect of any other services you have requested from us, such as mortgage brokerage services. 

We are Better.co.uk, a trading name for Trussle Lab Ltd, a company registered in England and Wales under company number 09459339. We are authorised and regulated by the Financial Conduct Authority (FCA), under firm reference number 924229. You can check this (and our permitted activities) on the Financial Services Register by visiting the FCA website. 

Our head office is Albion Mills, 18 East Tenter Street, London, E1 8DN. You can contact us at this postal address, by email at [email protected] or by calling your assigned advisor.

  1. DEFINITIONS

In these SmartBuyer Terms & Conditions:

  • “we”, “us” and “our”, refer to Trussle Lab Ltd (“Better.co.uk”) and “you”, “your”, and “customer” refers to any individual that uses the SmartBuyer Service.

  • “Completion Amount” means the outstanding balance of the costs incurred by Third Party Providers in respect of Property Transaction Services in order to enable you to complete your property transaction, including:

  • Conveyancer’s/solicitor’s legal fees;

  • Land Registry registrations/fees;

  • CHAPS fee for transfer of mortgage funds on completion; 

  • Any other transaction fees identified by Better.co.uk as being relevant to your property transaction, such as fees related to gifted deposits, leaseholds, shared ownership, and mortgage redemption; and

  • Completion searches.

  • “Initial Transaction Services” has the meaning given to this term in section 3.1 below.

  • “Optimus” refers to Landmark Optimus Ltd, a company registered in England under company number 05524369 and having its registered office at 5-7 Abbey Court, Eagle Way, Sowton Industrial Estate, Exeter, Devon EX2 7HY.

  • “Property Transaction Services” means those services that you will need to obtain from a Third Party Provider in the course of buying and/or selling a property, which will cover the following:

  • Conveyancer’s/solicitor’s legal fees (required for buying and selling a property)

  • Land Registry registrations (required for buying a property)

  • CHAPS fee for transfer of mortgage funds on completion (required for buying a property)

  • Completion searches (required for buying a property)

  • “Quote” means the estimated cost for obtaining the Transaction Services, which is calculated based on various factors, including whether or not you are buying, or buying and selling, property value, and number of mortgage applicants.

  • "SmartBuyer Service" means the fee-based service offered by Better.co.uk to help customers manage the legal and survey processes of buying, or buying and selling, a home in the UK, including by procuring the Initial Transaction Services, and as further described in section 2 below.

  • “SmartBuyer Request” refers to the request you can place with us through our landing page available at www.better.co.uk/smart-buyer to provide you with the SmartBuyer Service.

  • “Third Party Provider” means the relevant conveyancer/solicitor, surveyor, or other third party provider to whom we have introduced you and who will be performing the relevant Property Transaction Services for you, pursuant to a separate contract between you and them as set out in your Welcome Pack.

  • “Transaction Services” means the Initial Transaction Services and the Property Transaction Services.

  • “Upfront Payment” means the upfront payment to be made by you to Better.co.uk in accordance with section 2.2b for the SmartBuyer Service.

“Welcome Pack” refers to the initial documentation from the relevant Third Party Provider which contains your contract with that Third Party Provider for the provision of the Property Transaction Services. 

2. SERVICE DESCRIPTION AND ORDERING PROCESS

2.1. The SmartBuyer Service is a fee-based service that helps Better.co.uk customers manage and speed up the legal and survey processes of buying, or buying and selling, a property. The SmartBuyer Service consists of the provision of the Quote to the customer, procuring the Initial Transaction Services, and introducing the customer to relevant Third Party Providers for the provision of Property Transaction Services. Better.co.uk may also assist you with case progression and may act as intermediary in any disputes between you and a Third Party Provider (for example, by liaising or following up with a Third Party Provider).

2.2. We recommend that you send us your SmartBuyer Request at the time your mortgage recommendation is issued. The process will then take place as follows:

a. If you send us a SmartBuyer Request, we will then send you a Quote by email. Please note that we may also send you a Quote, independently of any SmartBuyer Request from you, if we consider that the SmartBuyer Service would be beneficial to you, based on the other services you have obtained from Better.co.uk. Our Quote will set out: (a) details of the Upfront Payment, and (b) an estimated Completion Amount.

b. In order to approve the Quote and proceed with the SmartBuyer Service, you will need to follow the instructions in our email containing the Quote to make the Upfront Payment. We use Stripe as our payment processor for the purpose of collecting payment from you.

c. If your payment is successful, we will send you an email confirmation (the “Confirmation Email”), at which point a legally binding contract will be formed between you and us for the provision of the SmartBuyer Service. 

d. Once we have sent you our Confirmation Email, we will contact the relevant Third Party Provider(s) to notify them that you have approved the Quote and that you wish to proceed to obtain the Property Transaction Services from them, and they will then send you your Welcome Pack (by post and/or by email).

e. Once you have signed and returned the Welcome Pack, you will have also entered into a legally binding contract with the relevant Third Party Provider in respect of their provision of the applicable Property Transaction Services.

2.3. Please note that sometimes we might need to reject your SmartBuyer Request, for example, because your payment has been declined. When this happens, we will let you know as soon as possible and refund you any sums you may have already paid.

2.4. The Quote we provide to you as part of the SmartBuyer Service will be based on your personal circumstances and the details of your envisaged property transaction. It is important that the information you provide to Better.co.uk is both accurate and honest, and a true reflection of your circumstances. Failure to disclose relevant or accurate information may cause our Quote to be inaccurate. We strongly recommend that any information provided to Better.co.uk through your SmartBuyer Request, or otherwise, is checked thoroughly prior to submission.

2.5. In order to enable Better.co.uk to maintain contact with you throughout your property transaction, it is important that you make sure that the contact details you provide to us are correct and kept up to date.

2.6. To make it clear who will be providing you with various services throughout your property transaction, we have set out below a responsibility matrix. If something is wrong with a Property Transaction Service provided to you by a Third Party Provider, or if there is any delay in the provision of a Property Transaction Service, you acknowledge and agree that you will need to contact the relevant Third Party Provider (and if applicable, bring any claim directly against them, pursuant to your separate agreement with them), and that Better.co.uk has no responsibility or liability for the provision of the Property Transaction Services to you by the Third Party Provider. However, and without prejudice to the foregoing, we will use reasonable endeavours to provide you with assistance in order to settle any disputes with a Third Party Provider (including with Optimus, where applicable), by leveraging our existing relationships with such Third Party Providers (or with Optimus, as applicable).

SERVICES:

Provision of Quote 

  • Better.co.uk: YES

  • Third-Party Provider: NO

Introduction to Third-Party Providers

  • Better.co.uk: YES

  • Third-Party Provider: NO

The Initial Transaction Services 

(consisting of (i) Local search packs, (ii) Property surveys (e.g. Level 2 Survey: Homebuyers Report), and (iii) ID checks)

  • Better.co.uk: YES

  • Third-Party Provider: NO

The Property Transaction Services

(consisting of: (i) Conveyancer’s/solicitor’s legal fees, (ii) Land Registry registration/fees, (iii) CHAPS fee for transfer of mortgage funds on completion, and (iv) Completion searches)

  • Better.co.uk: NO

  • Third-Party Provider: YES

3. FEE STRUCTURE

3.1. The Upfront Payment will be payable by you to Better.co.uk as set out in section 2.2b above in consideration for Better.co.uk providing you with the SmartBuyer Service, including the procurement of the following transaction services (the “Initial Transaction Services”):

  • Local search packs;

  • Property surveys; and

  • ID checks.

You acknowledge and agree that Better.co.uk may sub-contract the provision of such Initial Transaction Services to a third party, including, in particular, to Optimus.

3.2. We will receive a commission from the relevant Third Party Provider for referring you to them. The details of any commission paid by Third Party Providers to Better.co.uk must be included in the Welcome Pack you receive from them.

3.3. The Completion Amount, as well as Stamp Duty (if applicable), your deposit payment, and the balance of the purchase price, will be due by you directly to your Third Party Provider on completion of your property transaction. Better.co.uk will not be involved in processing any such payments.

3.4.

  1. You hereby acknowledge and agree that the estimated Completion Amount we provide to you as part of the Quote may end up being lower or higher than the actual Completion Amount due to your Third Party Provider on completion. In particular, and without limitation, the following is a non-exhaustive list of examples of non-standard fees that can be accrued in addition to our estimated Completion Amount, due to the specific circumstances of your property transaction: 

  • Additional title

  • Auction

  • Bankruptcy or other Land Charge entry

  • Change of name

  • Discharge of 2nd or subsequent charges

  • Discount – rearrangement of priority

  • Drafting tenancy agreement

  • Dual representation 

  • Flying freehold

  • HMO

  • Indemnity insurance required

  • Lawyerchecker

  • Lease extension – agreed

  • Lease extension – statutory process

  • Leasehold title (to include compliance with restriction on title)

  • Merger of titles required

  • New Build

  • Postponement/rearrangement of charges

  • Restriction/entry on title

  • Solar Panel lease

  • Staircasing

  • Title split or transfer of part required

  • Trust 

Further explanation of these terms is provided at www.better.co.uk/smart-buyer/glossary.

3.5. All prices included in our Quote will be inclusive of VAT, unless stated otherwise.

4. LIABILITY

4.1. We're responsible for losses you suffer caused by us breaching these SmartBuyer Terms & Conditions, unless the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we sent you the Confirmation Email meant we should have expected it (so, in legal terms, the loss was ‘unforeseeable’).

  • Caused by an event outside our control. As long as we have taken the steps set out in section 4.2.

  • Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions.

4.2. If our supply of the SmartBuyer Service is prevented or delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the impact of the event. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us by emailing [email protected] to end these SmartBuyer Terms & Conditions and to receive a refund for the Upfront Payment you have paid for in advance (subject to section 6.4 below).

5. INTELLECTUAL PROPERTY

All intellectual property rights in the SmartBuyer Service, or any part thereof, including but not limited to copyrights, trademarks, trade secrets, patents, and other proprietary rights, belong to Better.co.uk or its licensors.

6. TERMINATION & REFUNDS

6.1. Better.co.uk may terminate these SmartBuyer Terms & Conditions with you for the SmartBuyer Service (in whole or in part) and claim any compensation due to us if:

a. you don't make any payment to us when it's due and you still don't make payment within ten (10) days of our reminding you that payment is due; or

b. you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the SmartBuyer Service.

6.2. Legally, you have fourteen (14) days after the date of our Confirmation Email to change your mind about a SmartBuyer Request, unless you agree to waive this right; accordingly, in order to receive the benefit of the SmartBuyer Service as soon as possible, you hereby acknowledge and agree that you are requesting us to start performing the SmartBuyer Service promptly following the date of our Confirmation Email (rather than having to wait for fourteen (14) days to elapse).  

6.3. You have the right to terminate these SmartBuyer Terms & Conditions and require us to stop providing the SmartBuyer Service (in whole or in part) at any time, in which case section 6.4 below will apply.

6.4. Our policy on refunds is that any payment you have made in respect of services which have not yet commenced is refundable to you. If you have changed your mind about our SmartBuyer Service (in whole or in part), please contact us by emailing [email protected] as soon as possible and one of the following scenarios will apply:

a. If you have not yet signed and returned the Welcome Pack to the Third Party Provider, you can receive a refund of your Upfront Payment. With regards to the local search packs specifically, you can choose to either (a) receive a refund of the relevant portion of the Upfront Payment or (b) ask us to use the relevant portion of the Upfront Payment for a new set of local search packs for one ‘replacement’ property transaction that you must commence within twelve (12) months of the date of your notice of cancellation; or 

b. If you have already signed and returned the Welcome Pack to the Third Party Provider, we may be able to obtain (but cannot guarantee) a refund in respect of any monies you have paid for Transaction Services which have not yet commenced; however, you acknowledge and agree that Better.co.uk will not be able to obtain a refund in respect of any monies you have paid for any Transaction Services that have already commenced. Your separate agreement with each relevant Third Party Provider will provide further details about how you can cancel the applicable Transaction Service and their applicable refund policy (e.g. relevant cancellation windows, etc.).

6.5. Any refunds we send you will be processed by the method you used for payment. We don't charge a fee for the refund.

7. Data Protection and privacy

We are the data controller for your personal data you provide to us in the course of providing you with the SmartBuyer Service (which means we decide what information we collect, what it is used for and who to share it with). To read more about how we use your information, please read our Privacy Policy.

8. GOVERNING LAW AND DISPUTE RESOLUTION

 8.1. You can contact us if you have a complaint about your Better.co.uk adviser or the SmartBuyer Service you received:

a. In writing:  Complaints Team, Albion Mills, 18 East Tenter Street, London, E1 8DN

b. By email: [email protected].  

8.2. These SmartBuyer Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales. Wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

9. AMENDMENTS

9.1. We can always change aspects of the SmartBuyer Service:

a. to reflect changes in relevant laws and regulatory requirements; and

b. to make minor technical adjustments and improvements, for example, to address a security threat. These are changes that do not affect your use of the SmartBuyer Service.

9.2. We can also make other changes to the SmartBuyer Service or these SmartBuyer Terms & Conditions, but if we do so we'll notify you and you can then contact us by emailing [email protected] to end these SmartBuyer Terms & Conditions before the change takes effect and to receive a refund in accordance with section 6.4.

10. OTHER IMPORTANT TERMS

10.1. We can transfer these SmartBuyer Terms & Conditions, so that a different organisation is responsible for supplying you with the SmartBuyer Service. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under these SmartBuyer Terms & Conditions. If you're unhappy with the transfer you can contact us by emailing [email protected] to end these SmartBuyer Terms & Conditions within ten (10) days of us telling you about it.

10.2. You can only transfer these SmartBuyer Terms & Conditions with us to someone else if we agree to this in writing.

10.3. Nobody else has any rights under these SmartBuyer Terms & Conditions. These SmartBuyer Terms & Conditions are between you and Better.co.uk. Nobody else can enforce them and neither of us will need to ask anybody else to sign-off on ending or changing them.

10.4.If a court or other authority decides that some of these SmartBuyer Terms & Conditions are unlawful, the rest will continue to apply.

10.5. Even if we delay in enforcing these SmartBuyer Terms & Conditions, we can still enforce them later. We might not immediately chase you for not doing something or for doing something you're not allowed to, but that doesn’t mean we can't do it later.