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Terms and Conditions

While the information in this site and all of the information on properties provided have been carefully compiled and are believed to be accurate, no warranty is given in this respect and potential purchasers should satisfy themselves as to any points arising therefrom.

None of the items included in a sale of a property of working or running nature such as central heating installation or mechanical or electrical equipment have been tested by us and no warranty is given in this respect and potential purchasers should satisfy themselves as to any points arising therefrom. Any photographs used are purely illustrative and may demonstrate only the surroundings. They are not therefore taken as indicative of the extent of the property, or that the photograph is taken from within the boundaries of the property, or of what is included in the sale.

Privacy Policy

O’Malley Property respect and are committed to protecting your privacy. We promise that we will take steps to use your personal information only in ways that are compatible with this policy. The following is only in effect for the web pages, newsletters, discussion lists and announcement lists owned and operated by O’Malley Property.

We maintain a strict no spam policy that means that we will not sell, rent or otherwise give your email address to a third party.

O’Malley Property will not send you emails that you have not agreed to receive when you sign up for a service that O’Malley Property provide your name or a list is recorded solely for purposes of maintaining your account within O’Malley Property’s database.

By using our website and our services you consent to the collection and use of information by O’Malley Property as specified above. If we decide to change our privacy policy we will post those changes on this page this ensures that you always aware of what information we collect, how we use it and under what circumstances we disclose it.

Charges Payable on Termination

Subject to any Right to Cancel the Vendor may have and the Terms and Conditions relative thereto, if this Sole Selling Rights Agreement is terminated by either party (for whatever reason), the Vendor will pay to us the Registration  Fee  PLUS all advertising costs, agreed at initial stage and subsequently agreed with us, any other costs or charges, any withdrawal costs due and any amount to which the Agent is entitled in respect of the performance of this Agreement, before being released from the contract.


1. Sole Selling Rights

Subject only to any Right to Cancel the Vendor may have, this Sole Selling Rights Agreement will continue for a minimum period of 6 months  and thereafter month to month until  terminated by either party on giving one month’s prior notice in writing.  In the period during which we have sole selling rights you may NOT:

  • terminate this Agreement, or
  • withdraw your property from our register.


You will be liable to pay a Commission Fee to us, in addition to any other costs or charges agreed, in each of the following circumstances:

  • if unconditional missives for the sale of the Property are concluded in the period during which we have sole selling rights, even if the  purchaser was not found by us but by another agent or by any other person, including the Vendor;
  • if unconditional missives for the sale of the Property are concluded after the expiry of the period during which we have sole selling rights but to a purchaser who was introduced to you during that period or with whom we had negotiations about the Property during that period.
2. Client Liability
Even if you terminate this Agreement, we may be entitled to a Commission Fee if  a formal offer is issued by a Solicitor acting for a purchaser that we have introduced, and that within  6 months of the date your instruction ended and where unconditional missives for the sale of the Property are concluded.  This time limit extends to 2 years if no other estate agent is involved.
NOTE:  You may be liable to pay more than one fee if:
  • you have previously instructed another agent to sell the Property on a sole agency, joint sole agency or on a sole selling rights basis; OR
  • you instruct another agent during or after the period of your  sole agency, joint sole agency or on a sole selling rights basis.


3. Our Commission and Charges
The Commission Fee due to the Agent is calculated in accordance with the Confirmation of Sole Selling Rights Agreement. The amount charged will be a percentage rate, subject to any minimum amount detailed. Our commission is based on the total value of the transaction including the sale price and the price of fixtures and fittings (the “Total Value”).  For the avoidance of doubt, the Total Value will include the value of any goods or property exchanged by the purchaser in satisfaction, whether in whole or in part, of the transaction.

4. VAT
VAT at the rate prevailing  from time to time will be payable in addition to our Commission Fee and to any other costs and charges due and payable.
5. Termination or Withdrawal
A fee of £400 + VAT may be payable at the Agent’s sole discretion upon withdrawal of the Property from the market following expiry of 14 days from the day this Agreement is agreed.
6. Advertising
We shall carry out any advertising or marketing of the Property in addition to that covered by the Commission Fee and/or the Initial Advertising as is agreed with you, the cost of which  will be payable by you whether or not we sell the Property.  At regular intervals we will send you accounts for the marketing and advertising charges, which must be settled within 10 days in line with normal commercial practice, we will retain any discount received from suppliers.
7. Interest
If payment of our account or any costs, charges or other sums due by you in terms of this Agreement (including the fee on termination or withdrawal) is not paid in full within 7 days of the due date for payment , the Agent reserves the right to charge interest on the amount outstanding (inclusive of VAT) at 4% above Lloyds TSB base rate from time to time from the due date for payment until payment is received in full.
8. General terms
We fully observe the provisions of the Estate Agency Act 1979, the Property Misdescriptions Act 1991 and all other relevant legislation and regulations relating to estate agency services and governing residential estate agents in Scotland, but your attention is particularly drawn to the following points:-  We, O’Malley Property Limited, may offer services to vendors and prospective purchasers from which commission may be earned.  These services include estate agency, arranging mortgages, insurance, conveyancing services, surveying, chattel auctions, lettings and property management.  We will treat all parties fairly and with courtesy and we will not discriminate against any person in any way contrary to the TPO Code or   contrary to any law (including, in particular, the Sex Discrimination, Race Relations and Disability Discrimination Acts).  We have your permission to put a “For Sale” board at the Property.  Only one estate agent’s board is permitted in the period during which we have sole selling rights and you agree that you will not allow any other “For Sale” boards to be erected during this period.
9. Complaints Procedure
O’Malley Property Limited operates an in-house complaints procedure.  If you have any concerns about the service provided by us you should put your complaint in writing addressed to John O’Malley, O’Malley Property, 67 Port Street, Stirling, FK8 2ER.  If you are dissatisfied with the outcome of such procedure, then the matter can be referred to the Property Ombudsman.

Mortgage Privacy Policy

O’Malley Property Finance is an Appointed Representative of Mortgage Advice Bureau Limited. The privacy policy below, is also published here. Both companies known together in this document are refered to as “Mortgage Advice Bureau”, “we” and “us”

As the controller of your data, Mortgage Advice Bureau comply with Data Protection laws in the United Kingdom and the EU General Data Protection Regulation (GDPR). This Privacy Policy details how Mortgage Advice Bureau processes your personal data.

The personal data we collect about you

  • Identity Data including forenames, last name, maiden name, date of birth, gender, marital status, and username or similar identifier
  • Contact Data including home address, email address and telephone numbers
  • Financial Data including banks statements, payment card details, savings, debts such as loans and credit cards, income & expenditure, employer & pension benefits, and other assets
  • Special Category Data inc. medical history and trade union / political party membership costs
  • Transaction Data including payments made for products and services you have purchased from us
  • Technical Data including internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices used to access the Mortgage Advice Bureau website
  • Profile and Usage Data including purchases made by you, feedback and survey responses, and how you use our website, products and services
  • Marketing and Communications Data including your preferences in receiving marketing from us and our business partners and your communication preferences

How do we collect your personal data?

Personal data is collected by us using the following methods: 

  • Direct interactions with an adviser in person, by post, phone (including call recordings and voicemail), email, videoconferencing or otherwise when sourcing and applying for mortgage or protection products, processing Identity, Contact and Financial categories of personal data.
  • Automated technologies or technical interactions with our website, via the customer portal, web enquiry form or the Find A Mortgage function, processing Identity, Contact, Financial and Technical categories of personal data.

Third parties or publicly available sources (processing Identity, Contact and Financial categories of personal data) such as:

  • Estate agents with whom you may be interacting, but only with your consent;
  • New home builders, as a legitimate interest in order to assess affordability for the property;
  • Enquiries you may perform on third-party mortgage sourcing websites;
  • Your financial information from your bank available via Open Banking with your consent

Purpose/ Activity

Type(s) of data

Lawful basis for processing

To initially engage with you to discuss your requirements
  • Identity
  • Contact


To source products, provide indicative quotes, and process & deliver your application for a mortgage or protection product

  • Identify
  • Contact
  • Financial
  • Transaction
  • Special Category
  • Transaction
  • Marketing and Comms
Performance of a contract with you To comply with a legal obligation Necessary for our legitimate interest (to recover debts due to us)

To manage our client relationship with you which will include:

Create and maintain access to your customer portal account

Notifying you about changes to our terms or privacy policy

Customer reviews / surveys

Re-engagement when existing products nears expiry / review protection needs

  • Identify
  • Contact
  • Profile and Usage 
  • Marketing and Comms

Performance of a contract with you
To comply with a legal obligation

Necessary for our legitimate interest (to re-engage with you to review your existing mortgage / protection needs, and to maintain and improve customer service standards)

To respond to case enquiries and input to & defend against complaints

  • Identify
  • Contact
  • Profile and Usage 
  • Transaction
  • Marketing and Comms

To comply with a legal obligation

Necessary for our legitimate interest (to ensure that complains can be responded to accurately)

To perform an affordability check for a property on behalf of an Estate Agent or New Home Builder
  • Identify
  • Contact
  • Financial
  • Profile and Usage 

Necessary for our legitimate interests and of the New Home Builder / Estate Agent (to ensure that a property is affordable before proceeding with the purchase process)

To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data
  • Identify
  • Contact
  • Techincal

To comply with a legal obligation

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
  • Identify
  • Contact
  • Profile and Usage 
  • Marketing and Comms
  • Technical

Necessary for our legitimate interests (to study how customers use our products
/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics and other systems including AI and automated decision making to improve our website, products/
services, marketing, customer relationships and experiences

  • Identify
  • Contact
  • Financial
  • Special Category
  • Technical
  • Profile and Usage

Explicit Consent

Necessary for our legitimate interests (to analyse customer usage, update our website, to develop our business, and to inform our re-engagement and marketing strategy)

Change of purpose

We will only use your personal data for the purposes stated above, unless we reasonably consider that we need to use it for another reason and it is compatible with the original purpose. Please contact us for an explanation as to how any new processing is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Changes to our Privacy Notice

We keep our Privacy Notice under regular review. This Privacy Notice was last updated on 31st December 2020. Historic versions can be obtained by contacting us.

Use of AI and Automated
Decision Making

We may use your data in AI and automated decision-making systems for re-engagement purposes as a legitimate interest to review your existing mortgage and source suitable new products. If you do not wish your data to be used by such systems, please notify us at

Marketing communications

You will also have the choice to opt-in to receiving other related marketing information and related products and services. You can opt-out of receiving these types of communications at any time by contacting your adviser, by emailing or by clicking on the relevant link in email communications you receive from us. However please note that your personal information will not be passed to any third-party organisation for marketing purposes.

Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We also limit access to your personal data to only those Mortgage Advice Bureau staff, appointed representatives, advisers, business partners and suppliers who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.


When using the Mortgage Advice Bureau website, you can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

Website Third-party links

Mortgage Advice Bureau website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Sharing of personal data outside of the United Kingdom

Some of our external suppliers are based overseas so their processing of your personal data will involve a transfer of data outside of the UK. In such cases data is transferred under conditions to provide protection to personal data equivalent to UK Data Protection standards. This includes the use of standard contractual clauses in contracts with external suppliers in order to provide the same level of protection for personal data as it has in the UK.

Who we disclose personal data to:

Type of Recipient


Within Mortgage Advice Bureau

Depending on your requirements, it may be necessary to share your personal data with Mortgage Advice Bureau’s network and specialist product providers in order for suitably qualified advisers to source relevant products and services or to re-engage with existing clients 

Lenders and protection product suppliers

To source and submit applications in order to conclude the contract for the mortgage / protection application and the ongoing servicing of these contracts

Financial institutions 

To source your bank account information via Open Banking with your consent

External suppliers 

Specialist IT system providers to deliver our service to you (including sourcing of products, providing continuing advice, sharing of documentation, payment processing, informing you about relevant products and services, service & advice quality checking and improvements, and to request feedback on customer service standards). It may also be necessary to share your personal data with non-affiliated companies who perform support services on our behalf including those that provide professional, legal or accounting advice to Mortgage Advice Bureau.

Solicitors / Conveyancers

To update the firm of solicitors / conveyancers with whom you are interacting about the progress of your application and confirm your identity / proof of deposit.

Estate agents/ new home builders

To update the firm of mortgage / protection advisers, estate agents and home builders with whom you are interacting about the results of affordability checks and progress of your application.

Licensed credit agencies 

For the purposes of confirming your identity to comply with Anti Money Laundering requirements (TransUnion data processing information can be found in the privacy notice on the website); to perform a credit assessment to assess your eligibility; to obtain a Lenders Decision In Principle;and as part of a full application.



 In order to fulfil our legal obligations as a regulated profession, for example with the Financial Conduct Authority, to verify your identity and comply with Anti Money Laundering legislation, and otherwise co-operate with law enforcement, legal proceedings or regulatory authorities.


Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

These companies are required to ensure appropriate security measures are in place and maintain the confidentiality of your personal data, and to use your personal data only in the course of providing such services and in accordance with Mortgage Advice Bureau instructions.

How long is your personal data retained?

Purpose of Processing


Successful mortgage / protection applications

For the full mortgage or protection policy term plus a further 6 years, or for a period of 30 years for historical cases if the original term is not recorded

Withdrawn, stalled, incomplete and failed mortgage / protection applications

2 years from the date the latest application was started, or 6 years from the application submitted date if application was submitted and subsequently rejected or from creation date if advice has been provided but not pursued

Client Portal accounts

2 years from date of last login if not proceeded to full application

Affordability checks

2 years from Decision In Principle if affordability check does not proceed to a full mortgage application

Enquiry data obtained from third parties that do not result in an application

 2 years from the date the lead was received from the Introducer

After these retention periods if there is no other on-going client relationship your personal data will either be securely deleted or anonymised so that it can be used for statistical purposes but without any method of identifying you individually.

Your legal rights regarding your personal data

You have the right to:

 Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data. This enables you to have any incomplete or inaccurate data corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete personal data where there is no good reason for us continuing to process it. You can also ask us to delete your personal data where you have successfully objected to the processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to delete the data for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.


If you have any questions or complaints relating to how we use your personal data, or if you wish to exercise any of your rights regarding your personal data, please contact the Information Security & Data Protection Manager by emailing or by writing to us. We will respond to you as soon as is possible. The length of time will depend on the type and complexity of the request, but you will receive a response no later than one month from the initial request.

What if I am still not satisfied?

If you are not satisfied with how Mortgage Advice Bureau has responded to your enquiry, you have the right to complain to the Information Commissioner’s Office (ICO), who is the regulator for data protection in the United Kingdom.

Your rights

O’Malley Property Finance is an appointed representative of Mortgage Advice Bureau. Our customers are covered by this shared set of rights, as laid out below. The policy is also published here.

Our number one priority is to provide customers with the highest level of service. However, we know that sometimes things can go wrong. Customer feedback helps us understand where things have gone wrong and gives us the opportunity to put them right. It also helps us understand where we need to improve our products and services.

If you have a complaint about your Adviser or the service you received please contact us.

Post: Resolutions Department (Complaints), Mortgage Advice Bureau Limited, Capital House, Pride Place, Derby, DE24 8QR


Phone: 01332 200020 We may record and monitor calls.

If your complaint cannot be resolved straightaway we will:

Acknowledge receipt in writing, confirming our understanding of your complaint, who will be handling it and giving you the opportunity to provide any further information or documents

The Financial Ombudsman Service

If you’re dissatisfied with our response, you can ask the Financial Ombudsman Service for an independent review free of charge, but you must do so within six months of the date of MAB’s final response letter.

The Financial Ombudsman Service (FOS) will only consider your complaint once you’ve tried to resolve it with us, so please take up your concerns with us first and we’ll do all we can to help. We do our best to resolve complaints and only around 15% of cases are referred to the FOS for an adjudication.

The FOS is also only able to consider certain categories of complaint, for example complaints about Buy to Let mortgages, which are not regulated by the Financial Conduct Authority will normally be outside the jurisdiction of the FOS.

In addition, the FOS might not be able to consider your complaint if:

What you’re complaining about happened more than six years ago, and

You’re complaining more than three years after you realised (or should have realised) that there was a problem.

If your complaint was made outside of these time limits, which is a matter for The Ombudsman to decide, The Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if it believes that the delay was as a result of exceptional circumstances.

Further information on the services provided by the Financial Ombudsman Service can be found on their website: or alternatively,

Post: The Financial Ombudsman Service, Exchange Tower, London. E14 9S

Phone: 0800 023 4567 or 0300 123 9123


Alternative Dispute Resolution (ADR) Directive

Alternative Dispute Resolution (ADR) Directive. The ADR directive is European law, which means alternative ways of resolving contractual disputes between consumers and businesses are available. The Financial Ombudsman Service (FOS) is the ADR provider for Financial Services in the UK and will provide a complaint handling service under the ADR Directive in addition to its role as an Ombudsman Service.

Mortgage Advice Bureau has decided to continue dealing with customer’s complaints when they are received rather than pass responsibility to the FOS under the ADR Directive. This does not affect customers’ statutory rights of referral to the FOS as outlined above.

Online Dispute Resolution Platform (ODR). Complaints about Financial Services firms may also be sent to the Online Dispute Resolution website;

Any complaints received via the ODR, will be forwarded to the FOS and then to MAB. Complaints received by this method will be treated in the same way as those received through existing means.