Legitimate Business Interest - National Residential
 

Legitimate Business Interest

Legitimate Business Interest – Data Uses

We are legally required by the Property Ombudsman, HMRC and other legal entities to keep your records for a minimum period of 5-7 years*.  However, we will only contact you once our initial transaction is concluded where we have a legitimate business interest for doing so.

For example, we recognise that buyers and sellers may not be immediately ready to purchase or sell a property when they make contact, or they may be investors with multiple properties to buy or sell.  We also recognise that the market changes, interest rates go up or down, and the tax implications change which may encourage our customers to sell at a future date.

As such, we therefore add details of buyers and sellers to our database and may contact them again every so often to ask if they would like to buy or sell ar property.  We will not contact our customers for any purpose other than for a property transaction or another legitimate business interest (such resolving our legal obligations).

* We are required by law to maintain records relating to:

  • The Money Laundering Regulations for 5 years
  • The Estate Agents Act 1979 for 6 years
  • Consumer Protection Regulations for 6 years
  • Cancellation Rights for 6 years
  • Equality Act for 6 years
  • Unfair Terms in Consumer Contracts Regulations for 6 years
  • Town & Country Planning Regulations for 6 years
  • EPC Regulations for 6 years
  • TPOS Code for 6 years
  • HMRC Accounting Rules for 6 years

 

Relating To BUYERS

Buyer Viewers

You have requested a viewing of a property and therefore we will require certain pieces of personal information from you in order to provide a professional service to you.

For Health & Safety and legal reasons, to book a viewing we will need your contact address and telephone number. We are required to share your contact information with the seller and any other 3rd party agent who may be conducting a viewing. If you are unwilling to share this information we will not be able to book your viewing.

The personal information you have provided to us may be shared with our client, the seller, and the agent conducting the viewing, but it will not be shared with any other third parties without your consent.

 

Buyer Offers

You have made an offer on a property and provided us with some personal information which will be passed to our client the seller. We are required to carry our Anti Money Laundering (AML) Checks with you at this stage and this will include your consent for us to carry out AML checks with ETSOS and Experian.

We will also be required to provide your details to any other estate agent conducting the sale and to the solicitor acting for you and the seller.

We will not share this information with any third party other than our client and with the 3rd parties without your consent.

 

Buyer Data – Legitimate Business Interest
To help you with purchasing or selling a property we may offer the services of solicitors, mortgage brokers, other estate agents and surveyors.

We will pass your personal details onto them only with your permission and only if you are buying or selling a property through us.

We may also contact you in the future to ask if you want to buy or sell another property.  If you wish to be removed from this future marketing, you can easily do so at any time.

 

Data Uses Relating to SELLERS

You have instructed us to sell your property though our online auction.  We are required to carry our Anti Money Laundering (AML) Checks with you at this stage and this will include your consent for us to carry out AML checks with ETSOS and Experian.

We are also legally required to provide your details to any other estate agent conducting the sale and to the solicitor acting for you and the buyer.

We will not share this information with any third parties without your consent.

 

SALES – Seller Legal Packs

We are also required to provide a legal pack for your auction sale and this pack will be made publicly available online for the purpose of bidders and their solicitors to assess before they make a bid and/or purchase your property.

Information in the legal pack will include:

  1. Publicly available information from the Land Registry and local authorities
  2. Property Information Forms and other information such as surveys
  3. Tenant information; tenure, lease information
  4. Essential financial information such as Section 20 notices and service charge arrears
  5. Any other personal information that we are legally required to share with buyers and their solicitors

If you do not agree that we can share this information online and with buyers then you must specifically contact us to inform us of this.  We may be unable to sell your property for you if you do so.

 

Seller Data – Legitimate Business Interest

To help you with purchasing or selling a property we may offer the services of solicitors, mortgage brokers, other estate agents and surveyors.  We will pass your personal details onto them only with your permission and only if you are buying or selling a property through us.

We may also contact you in the future to ask if you want to buy or sell another property. If you wish to be removed from this future marketing, you can easily do so at any time.

 

More information on how we hold and process your information and how to be removed from our marketing is available on our privacy page.

 

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Data Protection Act
Registered Controller
No. ZA081795



National Residential properties
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