TERMS AND CONDITIONS
1. THE CLIENT: By instructing Sands Home Search you become
Sands Home Searchs client and are personally liable
to pay our fees. Further, you confirm that you are able and
have the authority to give Sands Home Search Sole Buying
Rights instructions to act in accordance with these Terms &
Conditions.
2. SERVICE: In accordance with your Property Search Instructions,
we shall use all reasonable endeavours to locate a
suitable Property for your purchase and, if requested, negotiate
on your behalf the terms of such purchase. If you locate
a Property, you agree that we will act on your behalf under
the same terms as this agreement.
3. FEES: When you engage Sands Home Search to act on
your behalf you agree to pay:-
a) A retainer Fee and
b) A success Fee or
c) A termination fee
Our retainer fee is GB £1,175 (including VAT) which is
payable at the time of signing these terms and conditions and
is
non refundable subject to the exemptions explained in this terms
and conditions (see Section 6 and 12).
Our Success Fees are 2.5% + VAT of the purchase price for any
Property you, or any person connected with you for the
purchase of a Property, agree to purchase, during the continuance,
or in the case of Property already having been
identified from any source, within six months after the date
of termination of this Sole Buying Rights agreement.
Success Fees become due for payment on exchange of contracts
and the minimum Success Fee is £25,000 + VAT.
Our termination fees are detailed in Section 13 and become payable
in the event you do not purchase or agree to
purchase a Property during the term of this agreement and will
be charged in accordance with the percentage rates set
out in Section 13.
4. SOLE BUYING RIGHTS: Sole buying rights means that
you will be liable to pay our Success Fees, in addition to any
other costs or charges agreed, in each of the following circumstances:-
- if unconditional contracts for the purchase of any Property
are exchanged in the period during which we have sole
buying rights, even if the Property was not found by us but
by another agent or by any other person, including yourself;
- if unconditional contracts for the purchase of any Property
are exchanged after the expiry of the period during which
we have sole buying rights if the Property was introduced to
you during that period or was introduced to you by another
agent or by any other person, including yourself during that
period.
5. PROPERTY: Property means any property matching your
search requirements within the geographic search area of
your Property Search Instructions as communicated to us.
6. DURATION AND ENDING THE AGREEMENT: This agreement
shall subsist for a minimum period of twelve months
and shall continue thereafter, unless or until terminated by
one months written notice given in writing by either party
to
the other. One months written notice can be served from
the end of the 11th Month. In the unlikely event that you have
reasonable cause to be unhappy with the service provided, you
may terminate the agreement early by giving one
months notice in writing at any time but you will be liable
to pay our termination fees as detailed in Section 13.
7. PAYMENT: Payment of Success Fees shall be made in
full on exchange of contracts for the purchase of a property.
We may assign the right to render invoices and receive payment
to a third party. We reserve the right to charge interest
on any sums not paid on the due date at a rate of 2.5% per month
or part thereof.
8. DATA PROTECTION: I understand and agree that Sands
Home Search may use my personal information provided
during the period of this agreement and may disclose my information
to vendors and other intermediaries or agents as
required in order to provide a property search and acquisition
service. I have a right to request a copy of my information
and to correct any inadequacies in the data. We will, whenever
possible, communicate with you by email and you agree
to this.
9. LIABILITY: Our agents, employees or officers will
take all reasonable steps and adopt all appropriate procedures
to
ensure that any information provided to you as part of our service,
whether prepared by us, or by a third party, is
accurate and correct. This information is provided as guidance
and purchasers must seek legal and other relevant
advice in order to satisfy themselves as to the correctness
and accuracy of any property details provided or
represented by Sands Home Search. The service provided by us
is not intended as a substitute for professional advice
and the services of solicitors, surveyors, valuation agents
and other specialists should be taken to ensure correctness
and suitability of guidance material and/or property as Sands
Home Search cannot accept liability for any defects in
legal title or in the fabric and structure of any property.
The terms contained in this agreement are the only terms on
which you should rely in relation to your contract with Sands
Home Search, and our agents, officers or employees are
not authorised to vary these terms without our express agreement
in writing.
10. GENERAL: The supply of services by us is subject
to the terms and conditions set out in this Agreement and,
unless otherwise expressly agreed in writing by us, these conditions
shall prevail over any other terms and conditions
and shall comprise the whole Agreement between you and us. Nothing
in these terms and conditions restricts your
statutory rights. If at any time any of these conditions are
found to be unreasonable, invalid or unlawful then the validity
of the remaining conditions or parts thereof shall not in any
way be affected or impaired and shall be in force as if the
unreasonable, invalid or unlawful part had not been included.
For the avoidance of doubt, nothing in this Agreement
shall confer on any third party any benefit or the right to
enforce any term of this Agreement. This Agreement is
governed by the laws of England & Wales, and you agree to
submit to the exclusive jurisdiction of the courts of England
and Wales.
11. COMPLIANCE: Under Money Laundering Regulations, we
will require a copy of your passport and of a utility bill
addressed to you at your current address in the last three months.
We may also require proof of your ability to purchase
a property which typically takes the form of a letter of reference
from your Bank, Accountant or Legal representative.
12. NOTICE OF THE RIGHT TO CANCEL: In certain circumstances
where an ordinary person, not acting in the course
of a business, enters into a contract for the supply of goods
or services, that person will get the right to a cancellation
period:
a) The Distance Selling Regulations give consumers who enter
into a contract by means of distance, (where there is no
face to face negotiation), a right to cancel within seven working
days from the date the contract is concluded. Where
that contract relates to the provision of a service, a consumer
may agree that the service will begin immediately and the
right to cancel the contract is lost. You are advised that if
you instruct Sands Home Search, you are agreeing that we
will begin our service immediately, and so you will then lose
the right to cancel.
b) Under the Contracts made in a consumer's home or place of
work Regulations, a business which enters into a
contract with a consumer during a visit they make to a consumer's
home must provide written details of the right to
cancel that contract within seven days. Sands Home Search may
if requested by the client in writing begin the service
before the expiry of the cancellation period, but where the
right to cancel is exercised after commencement of the
service, Sands Home Search will be entitled to payment for any
part of the service already carried out.
13. CHARGES ON TERMINATION: In the event of termination
or early termination of this agreement and in
circumstances where you have not purchased or agreed to purchase
a property for which a Success Fee becomes due
to us under the terms of this agreement, we shall be entitled
to charge you a Termination Fee as compensation for the
time and expenses incurred by us in providing property advisory
services to you up until the date of termination.
The Termination Fee is calculated as 5% per month, or pro-rata
amount, of the minimum Success Fee (as stated in Section
3 above) and becomes immediately due for payment on the date
of terminating the agreement. E.g. if the agreement is
terminated after six months, the Termination Fee payable will
be 30% of the minimum Success Fee.
14. COMPLAINTS: Should you have a complaint about our
services please contact one of our Property Buying
Directors on 01425 462 549 or email inbox@sandshomesearch.com.
We operate a code of practice for complaints
handling which is available by calling this number, alternatively
it can be viewed on our website. We are a member of
Ombudsman Services : Property which may be able to help with
your complaint if we are unable to. Ombudsman
Services : Property website is www.os-property.org.
On signing this contract and paying our retainer fee you enter
into a legally binding contract, and except in exceptional
circumstances and subject to certain exemptions explained in
this agreement, the retainer fee is non refundable.
Acceptance of Terms and Conditions
Customer Signature
...............
Date
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Name
.....................................
Address
..........................
.
Postcode
...................................
.
Telephone...........................................................................Email...............................................................................................................
If you signing on behalf of a Company, please complete the
following
Company Name.......................................................Job
Title..............................................................................................
Address
..........................
Postcode
...................................
Telephone...........................................................................Email...............................................................................................................
Return information & completed forms to:
Sands Home Search, Ashlington, Etchilhampton Road, Coate. Wiltshire.
SN10 3LA or Fax on 01234 818746.
Payment / Bank transfer details for our Retainer Fee of GB £1,175
(£1,000 + VAT)
For Bank/Credit Transfers:
Payee Name: Sands Home Search, Bank: HSBC
Bank Account: 31362372 Sort code: 40-38-21
For International Bank Transfers: IBAN Number: GB20 MIDL 403821
3136 2372
SWIFT Code: MIDL GB2151M
For Cheque Payment :
Cheques made payable to Sands Home Search
Sands Home Search Property Buying Advisers
Telephone: 01425 462549 (if calling from outside the UK +44
1425 462549) Fax: 01234 818746
Email: inbox@sandshomesearch.com Web: www.sandshomesearch.com
Sands Home Search is a trading name of Artizaen Ltd. Reg Office:
1 Folly Farm Lane, Ringwood. Hants.BH24 2NN.Reg no: 04790868