Website Terms of Use

Terms of Website Use

1. The terms set out herein govern the basis on which you may make use of our Website, whether as a registered user or otherwise. Use of the Website includes accessing, browsing, or registering to use and also includes use for the purposes of making any offers in relation to the proposed sale of a property conducted via the Website.
2. Please read these Terms of Use carefully before you start to use our Website, as they will apply to your use of our Website. Offr recommends that you print a copy for future reference.
3. By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them.
4. If you do not agree to these Terms of Use, you must not use our Website.

Data Protection & Privacy

5. Offr is committed to protecting and respecting your privacy. Offr’s Privacy Policy (offr.io/privacy-policy) sets out how Offr collect, use, process and disclose personal information (‘Personal Data’) provided to Offr by you, and/or those with whom Offr deal on your behalf in the course of our business including Personal Data provided to us by upload to our Website.
6. The Privacy Policy should also be read in conjunction with our cookie policy .
7. By accessing the Website and providing your Personal Data, you fully understand and consent to the collection and use of such information by us in accordance with our Privacy Policy.
8. When you register an interest in a Property, you hereby give consent for your Personal Data to be shared with the Estate Agent advertising that Property. You give explicit consent that Offr and the Estate Agent shall each be a Data Controller of such Personal Data. Information on how the Estate Agent collects, processes and uses such Personal Data is available from the by clicking on the appropriate link included on each of the Estate Agent’s own websites. You accept that Offr has no responsibility for the use or processing of Personal Data by the Estate Agent.
9. When you use the Website, you confirm that all information and details provided are true, accurate and up to date.
10. Offr retains the right to analyse and evaluate any information provided by users of the Website.
11. Save as provided for herein, Offr do not sell or knowingly pass any personal information from your account to any third party, except information which is required to provide the service between Buyers and Sellers.

Changes to Terms

12. Offr may revise these Terms of Use and/or any of the terms and conditions set out in other parts of this document at any time by amending the page on which this document appears.
13. Any changes made to these terms will be effective once posted to the Website and your continued use of the Website constitutes your understanding and acceptance of such changes.

Changes to Our Website

14. Offr may update the Website from time to time and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and Offr are under no obligation to update it.
15. Offr do not guarantee that the Website, or any content on it, will be free from errors or omissions.

Accessing Our Site

16. The Website is made available free of charge.
17. Offr do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. Offr may suspend, withdraw, discontinue or change all or any part of the Website without notice. Offr will not be liable to you if for any reason the Website is unavailable at any time or for any period.
18. You are responsible for making all arrangements necessary to have access to our Website.
19. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your Account and Password

20. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
21. Offr have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
22. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@offr.io.

Intellectual Property Rights

23. Offr are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and except as specifically detailed below nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right, copyright or other intellectual property rights of OFFR or any other third party.
24. You may print off one copy, and may download extracts, of any page(s) from the Website for your own use and you may draw the attention of others within your organisation to content posted on our site.
25. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Website content in any way except for you own personal, non-commercial use. You agree not to adapt, alter or create a derivative work from any Website content except for your own personal, non-commercial use. Any other use of the Website requires the prior written permission of OFFR.
26. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
27. Offr’s status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
28. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from Offr or our licensors.
29. If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at Offr’s option, return or destroy any copies of the materials you have made.

Advertising Marketing and Promotion

30. In using the Website you consent to Offr and the Estate Agents providing advertising and marketing information to you.
31. The content you view on the Website, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties.

No Reliance on Information

32. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
33. Although Offr make reasonable efforts to update the information on our Website, Offr make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

Limitation of Our Liability

34. You acknowledge that to the extent permitted by law, Offr owe you no duty of care and will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a)  use of, or inability to use, the Website (including any inability to place offers); or

(b)  use of or reliance on any content displayed on the Website (including information relating any Property being offered for sale);

(c)  loss or corruption of any documents, data or other information you upload or otherwise provide via the Website – you should ensure that you keep your own copies of any such documents, data or other information.

35. Offr will not be liable to you for any failure to comply, or delay in complying, with any obligations which (notwithstanding any other provisions in this legal policy document) Offr may be treated as owing to you in relation to use of the Website, where the failure or delay is caused by circumstances beyond its reasonable control.
36. Offr will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any Website linked to it.
37. Offr assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as being endorsed by Offr. Offr will not be liable for any loss or damage that may arise from your use of them.
38. To the extent permitted by law, our aggregate liability to you for all claims arising from the use of this Website or the content displayed on it is limited to €1 and you acknowledge that this a genuine pre-estimate of any loss you might suffer as a result of such a claim.

Uploading Content to Our Website

39. Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our site, you must comply with the content standards set out below. The standards apply to any and each part of the content uploaded as well as to its whole.
40. Uploads must not, amongst other things:

(a)  Contain any material which is defamatory of any person.

(b)  Contain any material which is obscene, offensive, hateful or inflammatory.

(c)  Infringe any copyright, database right or trade mark of any other person.

(d)  Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

(e)  Promote any illegal activity.

(f)  Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

41. You must ensure that any such content does comply with those standards, and you will be liable to Offr for any loss or damage which Offr suffer as a result of breach of this obligation.
42. Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence (on a royalty free basis) to use, store and copy that content in connection with the purposes for which it was uploaded and (where appropriate, given the content and the relevant purposes for which it was uploaded) to distribute and make it available to third parties.
43. Offr also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
44. Offr will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.
45. Offr have the right to remove any posting you make on the Website if, in it’s opinion, your post does not comply with the content standards.
46. You may not use any data gathering or data extraction tools, such as robots, on the Website without our prior written permission.
47. The views expressed by other users on the Website do not represent Offr’s views or values.

Viruses

48. Offr do not guarantee that the Website will be secure or free from bugs or viruses.
49. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
50. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. Offr will report any such breach to the relevant law enforcement authorities and Offr will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Linking to Our Site

51. You may link to Offr’s home page, provided you do so in a way that is fair and legal and does not damage Offr’s reputation or take advantage of it.
52. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Offr’s part where none exists.
53. You must not establish a link to the Website in any Website that is not owned by you.
54. The Website must not be framed on any other Website, nor may you create a link to any part of the Website other than the home page.
55. Offr reserve the right to withdraw linking permission without notice.
56. The Website in which you are linking must comply in all respects with the content standards set out in the paragraph ‘Uploading Content to Our Website’ above.
57. If you wish to make any use of content on the Website other than that set out above, please contact info@offr.io.

Indemnity

58. You agree to defend, indemnify, and hold harmless OFFR its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, due or arising out of any of the following:

• The user’s use of the Website or any part thereof;
• Violation of these terms and conditions or any provision therein by the user;
• Display of publication of any content submitted by any user;
• Any infringement by the user of the intellectual property rights of any person or entity.

Third Party Links and Resources in Our Site

59. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
60. Offr do not control, investigate, monitor or check such Websites, Offr are not responsible for the computer programs available from, content in or opinions expressed at such Websites, and Offr do not investigate, monitor or check third party Websites. Offr provide such third-party links only as a convenience to visitors of the Website, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Website and access any third- party site, you do so at your own risk.

Suspension and Termination

61. If you fail to comply with any of these terms of use, the actions that Offr may take include the following:

• Immediate, temporary or permanent withdrawal of your right to use the Website.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to the Website.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as Offr reasonably feel is necessary.

Offr Process Conditions

Introduction

1. These Offr Process Conditions govern the processes facilitated by the Website for the sale and purchase of a Property and cannot be disapplied or varied by the Special Conditions (even by a Special Condition purporting to replace the whole of these conditions). They can be varied only if agreed with Offr in writing.
2. It is strongly recommended by Offr that all interested parties make every effort to personally inspect a Property and neighbouring area and where possible arrange to have it professionally surveyed prior to placing an offer. A viewing bookings section is available on the property details page on the Website. Neither Offr nor the Seller or any other their employees, servants or agents shall be responsible for any error of description or for the condition of any Property.

Our Role

3. Offr act on behalf of the Estate Agent who has been instructed by a Seller to offer a Property for sale. Offr is authorised by the Estate Agent to present the Particulars relating to a Property for sale on the Website. Offr is also authorised, amongst other things, to request Anti Money Laundering (AML) details from Buyers, to manage the collation of offers relating to a Property and to communicate with Buyers in relation to the success, or otherwise, of their offers.

Non-Reliance and Acknowledgements

4. Each prospective Buyer accepts that no information, statement, description, quantity or measurement contained in any advertisements or given orally or contained in any brochure, catalogue, letter, report, docket or hand out (hereinafter “marketing information”) issued by or on behalf of a Seller or any agent acting on behalf of a Seller in respect of a Property shall constitute a representation inducing a Buyer to place an offer in relation to a Property or a condition or warranty forming part of the Conditions of Sale. Any marketing information issued by or on behalf of a Seller or any agent on behalf of a Seller is for illustration purposes only and is not to be taken as matters of fact. Any mistake, omission, inaccuracy or mis-description given orally or in the form of any marketing information issued by or on behalf of a Seller or any of its agents shall not give rise to any right of action, claim, entitlement or compensation against or from a Seller or any of its agents under this agreement or otherwise or any right of residue of termination.
5. The plans and photographs shown on the Website are included for marketing purposes only. They are not necessarily drawn to scale and any arrows or outlines on plans or photographs are merely to assist you in finding a Property, not for the purpose of indicating legal boundaries.
6. Offr’s decision on the conduct of any of the processes conducted on the Website in relation to the proposed sale of a Property is final.
7. Buyers acknowledge and understand that a Property may be sold or withdrawn prior to, or during, the Marketing Period in relation to that Property.
8. Buyers acknowledge that Offr will use reasonable endeavours to provide online facilities for the recording of all offers made in respect of a Property during the Marketing Period.
9. In the event of any issue arising, which materially affects the viability of the process, Offr reserves the right to, but for the avoidance of doubt is not obliged to, suspend or cancel the process relating to the potential sale of a Property. If this occurs Offr will endeavour to provide all interested parties with as much notice as possible. Offr further reserves the right, up to the date of execution and exchange of a binding Contract for Sale to declare all results of the process relating to the potential sale of a Property as being null and void without any liability attaching to Offr whether under this agreement, at common law or otherwise.
10. Offr, the Estate Agent and/or a Seller shall have no liability whatsoever for any loss or damage arising in the event that you experience connectivity issues (examples of which shall include intermittent losses or complete failures of internet connectivity) during the process.
11. To the fullest extent permitted by applicable law, Offr, the Estate Agent, a Seller or any other agents acting on behalf of a Seller shall not be liable to a Buyer for any special, indirect, consequential, or incidental loss, including loss of profits, revenue or goodwill, arising from, or attributable to, this agreement and/or Offr’s performance hereunder, whether arising in contract, tort, by operation of law, or otherwise.

The Particulars and Other Information

12. To the best of Offr’s knowledge, the Estate Agent has taken reasonable care to prepare Particulars that correctly describe a Property being offered for sale. It is a matter for a Buyer to confirm that the information in the Particulars is correct. Offr strongly recommends that you appoint professional advisers, including independent legal advisers, and arrange for them to consider and advise you on all aspects of a prospective purchase. All offers made should be based solely on independent due diligence. It will be assumed that all relevant documents for a Property have been read and considered before an offer is placed during the Marketing Period, that all relevant documents have been shown to and considered by each Buyer’s professional advisers and that professional advices have been taken before an offer is made.
13. Buyers acknowledge, understand and agree that the Particulars have not been prepared by a solicitor and are not intended to form part of an offer or Contract for Sale.
14. Buyers acknowledge, understand and agree that the Particulars and the Conditions of Sale may change prior to the end of the Marketing Period and that it is each Buyer’s responsibility to ensure that the correct versions are reviewed prior to placing an offer in relation to a Property.
15. If Offr give information, or a copy of a document, which has been provided by others this is done solely on the basis that Offr are not responsible for the accuracy of that information or document.

MyOffr Account and Submitting Offers

16. Each prospective Buyer must, when creating a MyOffr account, and before an offer can be made, provide all information required pursuant to the Criminal Justice (Money Laundering and Terrorist Offences) Act 2010 (including proof of your identity and residential address) and Proof of Funds.
17. Where the proposed Buyer is a company it warrants that it is properly constituted, validly existing and has the authority and capacity to buy the relevant Property.
18. All offers are to be made in euro exclusive of any applicable VAT save where the Special Conditions state otherwise.
19. Offr may, without providing any reason, refuse to accept an offer.
20. If there is a dispute over the placement of offers, or any other dispute relating to the conduct of the proposed sale of a Property, Offr’s decision on the issue is final.

Buyer Specific Terms

Registration of Accounts and Data Protection

1. In order to be able to place an offer on a Property, you must first create a MyOffr account at www.offr.io. When completed, you can sign in with your username (email address) and password. You are then considered a prospective Buyer.
2. To create a MyOffr account a prospective Buyer must provide their name, address, email address and telephone number and any further information which Offr might reasonably require. If you wish to place an offer on a Property you must supply the name of the prospective Buyer and proposed buyer (if different from the prospective Buyer). A prospective Buyer must also upload a copy of their photo identification (e.g. valid passport or driving licence in date) and proof of address (e.g. utility bill or bank statement which must be dated within the last 12 months).
3. You are responsible for all actions taken under your account and for keeping your account details and password safe. You ensure that nobody else knows your username and password. If you think that somebody else knows your username and password, you must inform us immediately so Offr can change your account details.
4. You may be held responsible for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password and account safe.
5. By providing us with your email address, you consent to Offr using that email address to send you Offr services related notices, including all notices required by law, in lieu of communication by post. This will include notifications about leaving feedback on completion of transactions. As feedback is an integral part of the Website, this specific notification is not available for opting out. Offr may also use your email address to send you other messages including changes to features of the Offr service. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings.
6. Offr reserves the right at any time to block your account and restrict your access to the MyOffr section of the Website. Offr is under no obligation to reactivate your account.

Overview

7. A Property, offered by an Estate Agent for sale on behalf of a Seller on the Website, will be available for the Marketing Period to allow interested parties sufficient time to carry out their due diligence prior to placing an offer.
8. The Property details page on the Website notes key property information for interested parties which may include:
   • Asking Price, photographs, measurements, location map and tenancy information;
   • Offer submission panel;
   • History of offers made on a Property (for MyOffr account holders);
   • Viewings booking section;
   • Legal Documents section.
9. All interested parties who wish to place an offer on a Property must first create a MyOffr account on the Website.
10. A party can place an offer on a Property using the offer submission panel on the property details page.
11. All offers are placed online.
12. If two or more parties submit identical offers, the first Valid Offer recorded by the Offr system shall take precedence.
13. Once the Marketing Period has closed, all offers placed in relation to a Property will be considered by the Estate Agent (in conjunction with a Seller).
14. If a prospective Buyer’s offer is accepted, an email shall be sent by Offr to the prospective Buyer confirming this. All offers are accepted by the Estate Agent on behalf of a Seller on a ‘subject to contract/contract denied basis’. The prospective Buyer must pay the agreed Booking Deposit, and provide Proof of Funds, within two Business Days of having being informed by Offr that their offer has been accepted on a subject to contract/contract denied basis
15. The prospective Buyer can pay the Booking Deposit required by the Estate Agent to the Estate Agent via the Website by debit card, credit card or by bank transfer. Card payments are processed by Stripe. The prospective Buyer can also pay the Booking Deposit directly to the Estate Agent if preferred.
16. The Booking Deposit must be paid to the Estate Agent acting on behalf of a Seller. It will be held by the Estate Agent as stakeholder and is fully refundable. The Booking Deposit can be paid directly to the Estate Agent or via the Website.
17. The offer accepted may not necessarily be the highest offer placed in relation to a Property. A prospective Borrower acknowledges and understands that the offer accepted may also not necessarily be in excess of the Asking Price. For example, a Seller may prefer to accept an offer from a party not requiring finance to complete the purchase as this may result in a faster Completion of the sale.
18. If the prospective Buyer does not pay the required Booking Deposit and provide Proof of Funds within two Business Days of the acceptance of their offer the Estate Agent reserves the right to reoffer a Property for sale.
19. When the prospective Buyer has paid the required Booking Deposit (and provided Proof of Funds), they shall be provided with SAP of three weeks to carry out detailed due diligence and to execute a binding Contract for Sale. During the SAP, Offr will not allow any other party to place an offer relating to a Property through Offr’s system.
20. If the prospective Buyer does not execute a binding Contract for Sale within the SAP the Estate Agent reserves the right to reoffer a Property for sale.
21. Once a binding Contract for Sale has been executed, a Buyer is obliged to buy a Property under the terms of the Contract for Sale at the offer amount plus VAT (if applicable). The transaction should close in accordance with the closing date contained within the Contract for Sale.

General

22. These terms and conditions, together with any other conditions or matters affecting a Property which a prospective Buyer are interested in should be read carefully.
23. The Legal Documents relating to a Property can be accessed on the Website and are not negotiable. Legal Documents are uploaded onto the Website by the Solicitors appointed by a Seller.
24. Offr strongly recommends that a prospective Buyer appoint independent legal advisers, and any other appropriate professional advisers, prior to placing an offer on a Property. All offers made should be based solely on independent due diligence. All offers are accepted on a subject to contract/contract denied basis.
25. If you place an offer on a Property on behalf of another person (a third party) you remain liable to Offr and have sole responsibility to ensure that you have all necessary authority to act on behalf of, and contractually bind and commit the third party to all obligations set out or referred to in these terms and conditions which expressly or by implication apply to the third party and fully indemnify us accordingly.
26. If there are two or more Buyers all obligations can be enforced against them jointly or against each of them separately.
27. If there are two or more Sellers all obligations can be enforced against them jointly or against each of them separately.

Bidder Specific Terms

Registration of Accounts and Data Protection

1. In order to be able to place a bid on a Property during an Auction, you must first create a MyOffr account at www.offr.io. When completed, you can sign in with your username (email address) and password. You are then considered a prospective Bidder.
2. To create a MyOffr account a prospective Bidder must provide their name, address, email address and telephone number and any further information which Offr might reasonably require. If you wish to place an offer on a Property you must supply the name of the prospective Bidder and proposed buyer (if different from the prospective Bidder). A prospective Bidder must also upload a copy of their photo identification (e.g. valid passport or driving licence in date) and proof of address (e.g. utility bill or bank statement which must be dated within the last 12 months).
3. Prior to an Auction a prospective Bidder must lodge a minimum sum of €[ ] in order to register to bid on a Property.
4. In order to make a Valid Bid on a Property a sum of not less than the ten per cent (10%) of the bid must have been previously lodged to a Bidder’s MyOffr account together with Proof of Funds equal to or greater than the Valid Bid.
5. You are responsible for all actions taken under your account and for keeping your account details and password safe. You ensure that nobody else knows your username and password. If you think that somebody else knows your username and password, you must inform us immediately so Offr can change your account details.
6. You may be held responsible for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password and account safe.
7. By providing us with your email address, you consent to Offr using that email address to send you Offr services related notices, including all notices required by law, in lieu of communication by post. This will include notifications about leaving feedback on completion of transactions. As feedback is an integral part of the Website, this specific notification is not available for opting out. Offr may also use your email address to send you other messages including changes to features of the Offr service. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings.
8. Offr reserves the right at any time to block your account and restrict your access to the MyOffr section of the Website. Offr is under no obligation to reactivate your account.

Overview

1. A Property, offered by an Estate Agent for sale on behalf of a Seller on the Website, will be available for the Marketing Period to allow interested parties sufficient time to carry out their due diligence prior to placing an offer.
2. The Property details page on the Website notes key property information for interested parties which may include:
1. Asking Price, photographs, measurements, location map and tenancy information
2. Viewings booking section
3. Legal Documents section
3. All bids are placed online.
4. If two or more parties submit identical bids, the first Valid Bid recorded by the Offr system shall take precedence.
5. Each Bidder will be notified online during the course of an Auction once the Reserve Price for the subject Property has been reached.
6. The Bidder who has placed the highest Valid Bid after the Reserve Price has been reached and before the end of the Auction is automatically deemed to have entered into a legally binding Contract for Sale with the Seller to buy a Property and by agreeing to these terms and conditions a Bidder authorises:
1. the Estate Agent to sign the Contract for Sale on his/her/its behalf as purchaser following the placing of the highest Valid Bid; and
2. release by Offr of a sum equal to ten per cent (10%) of the Purchase Price to the Seller’s solicitor to be held by the Seller’s solicitor as stakeholder pending Completion.
7. The Estate Agent, a solicitor or other such person appointed by the Estate Agent to oversee the auction contracts, may sign and exchange Contracts for Sale in respect of the Property on behalf of the Seller electronically by using DocuSign . The Estate Agent or such solicitor may only exchange such Contracts for Sale on the day of the Auction, whether the property is sold at Auction or not, for the Reserve Price or more.
8. In the event that the property does not sell on the day of the auction, unless the Seller instructs the Estate Agent otherwise, the Estate Agent may re-offer the property for sale, by auction or otherwise, through the Offr system, within 7 days of the date of the auction, at the reserve price. If the property is to be re-offered with an amended reserve price this must be agreed between the Estate Agent and the Seller.
9. If the property is sold within 7 days of the date of the auction by the Estate Agent at the reserve price (or agreed amended reserve price) the Estate Agent, a solicitor or other such person appointed by the Estate Agent, may sign and exchange Contracts for Sale in respect of the property on the Seller's behalf electronically, by using DocuSign.
10. Once a binding Contract for Sale has been executed, a Buyer is obliged to buy a Property under the terms of the Contract for Sale at the offer amount plus VAT (if applicable). The transaction should close in accordance with the closing date contained within the Contract for Sale.

General

1. These terms and conditions, together with any other conditions or matters affecting a Property which a prospective Bidder are interested in should be read carefully.
2. The Legal Documents relating to a Property can be accessed on the Website and are not negotiable. Legal Documents are uploaded onto the Website by the Solicitors appointed by a Seller.
3. Offr strongly recommends that a prospective Bidder appoint independent legal advisers, and any other appropriate professional advisers, prior to placing an offer on a Property. All offers made should be based solely on independent due diligence. Where a prospective Bidder places the highest Valid Bid once the Reserve Price has been reached and prior to the end of an Auction a prospective Bidder is automatically deemed to have entered into a legally binding Contract for Sale to buy a Property.
4. If you place an offer on a Property on behalf of another person (a third party) you remain liable to Offr and have sole responsibility to ensure that you have all necessary authority to act on behalf of, and contractually bind and commit the third party to all obligations set out or referred to in these terms and conditions which expressly or by implication apply to the third party and fully indemnify us accordingly.
5. If there are two or more Buyers all obligations can be enforced against them jointly or against each of them separately.
6. If there are two or more Sellers all obligations can be enforced against them jointly or against each of them separately.

Miscellaneous

1. These terms and conditions shall be governed by and construed in accordance with the laws of Ireland and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Ireland.
2. If any of the terms and conditions are found to be invalid, unlawful or unenforceable by a Court or competent authority, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
3. A Buyer acknowledges and agrees that it has not relied on any statement, promise or representation made or given by or on behalf of Offr which is not set out in these terms.

Glossary

1. Singular words can be read as plural, and plural as singular words.
2. A ‘person’ includes a corporate body.
3. Words of one gender include the other gender.
4. Offr, we, our or us is used throughout this document to refer to the limited liability company known as Offr Limited, its servants or agents or any successors or assigns.

Definitions

Auction

The method of sale of a Property in which a Property will be sold to the highest Bidder once the Reserve has been reached.

Auction Deposit

The sum that a prospective Bidder is required to pay to the Estate Agent acting on behalf of a Seller in order to participate in the Auction to be held by the Estate Agent as stakeholder and is fully refundable.

Bidder

A party submitting offers to buy a Property during an Auction.

Business Day

Any day except (a) a Saturday or Sunday (b) bank holiday or public holiday in Ireland or (c) Good Friday, Christmas Day or any of the seven days immediately after Christmas Day.

Buyer

The Bidder who has placed the highest offer on a Property during the Auction and to whom a Property is sold and, if provided in the MyOffr account, their solicitors, whose access to the Website is also governed by these Terms of Use or, if applicable, that person’s personal representatives.

Completion

Unless otherwise agreed between a Seller and Buyer (or their Solicitors) the occasion when both a Seller and Buyer have complied with their obligations under the Contract for Sale and the balance of the Purchase Price is unconditionally received in the client account of the Solicitor acting on behalf of a Seller.

Contract for Sale

The contract on the Website to be entered into by a Seller and a Buyer to provide for the sale of a Property incorporating the Law Society General Conditions of Sale (2019 Edition).

Estate Agent

Any person or company duly licensed by the Property Services Regulatory Authority (PSRA) who is registered to advertise property for sale on the Website.

General Conditions

The Law Society General Conditions of Sale (2019 Edition).

Guide Price

The price at which a Property is marketed for sale prior to the Auction.

Legal Documents

Documents of title and other documents listed or referred to in the Contract for Sale relating to a Property.

Marketing Period

The Marketing Period shall be the time for which a Property is marketed on the Website. The Estate Agent shall determine the length of the Marketing Period for each Property.

Particulars

The relevant written notes containing detailed information in relation to a Property prepared by the Estate Agent and available on the Website.

Proof of Funds

A document, such as a bank statement, provided by a Bidder proving that they have the financial ability to complete the purchase of a Property.

Property

A Property that a Seller is proposing to sell and a Bidder is seeking to buy.

Purchase Price

The purchase price for a property as recorded in the relevant Contract for Sale.

Reserve Price

The price that at or over which a Seller agrees to sell a Property.

Seller

The person selling a Property [or, if applicable, that person’s personal representatives].

Special Conditions

Those of the Contract for Sale so headed that relate to a Property.

Valid Bid

An offer received and recorded by the Offr system during the Auction for a Property.

Website

www.offr.io.