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Terms & Conditions
We will commence working on your behalf as soon as you have signed
and returned these Terms & Conditions of Business.
1. THE CLIENT: By instructing Sands
Home Search you become Sands Home Search's 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
of Business for properties presented to you either electronically
by email or via agent's brochure.
2. SERVICE: 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: Our Retainer Fee is GB
£1,175 (including VAT) and this is payable at the time of
signing these Terms & Conditions of Business.
In addition, our Success Fees are
2.5% 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 within one year after the date of termination
or expiry, of this agreement. The Minimum Fee is £25,000.
All fees are subject to VAT.
You, or any person connected with
you for the purchase of a property, will be deemed to agree to
purchase a property and be liable to pay our success fees when
a purchase price and terms have been agreed between buyer and
seller. This is deemed to occur when a memorandum of sales agreement
or similar document with an agreed purchase price has been issued
to both the seller and buyer.
4. DURATION: This Agreement shall
subsist for a minimum period of twelve months and shall continue
thereafter, unless or until terminated by one months notice given
in writing by either party to the other.
5. PAYMENT: Payment of fees shall
be made in full on the due date, The due date of payment of Success
Fees is the earlier of the date of exchange of contracts for the
purchase of a property or, in the case of a deemed agreement to
purchase, the issue/prepared date stated on the memorandum of
sales agreement or similar document. You agree to instruct your
Solicitor to settle our fees on the relevant due date. 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.
6. LIABILITY: Details of properties, valuations, reports and other
information provided by us are prepared in good faith and are
solely for your guidance. They do not form any part of any contract
relating to the purchase or letting of any property. All purchasers
and/or tenants must satisfy themselves as to the correctness and
accuracy of any details provided by us and none of our officers
or agents or employees have any authority to make any representations
or statements in relation to any property and/or the service provided
by us.
In addition, we do not accept liability
for the views of, or contents of any report prepared by, any third
party in relation to any property. We strongly recommend all prospective
purchasers and/or tenants to take appropriate legal and other
advice and to use the services of solicitors, surveyors, valuers
and other specialists. The service provided by us is not intended
as a substitute to obtaining such advice and accordingly no liability
is accepted for any defects in legal title or in the fabric and
structure of any property.
7. 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.
8. 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.
No relaxation or delay or indulgence
by us in exercising rights or enforcing any of these terms and
conditions or the granting of time by us for remedy of any breach
shall operate as a waiver of any subsequent or continuing breach.
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.
9. COMPLIANCE: Sands Home Search
is required under the Money Laundering Regulations 2003, to obtain
evidence of your identity
and proof of address. This requirement is absolute. Sands Home
Search will require a copy of your passport and of a utility bill
addressed to you at your current address in the last three months
before commencing work on your behalf.
In order to enable Sands Home Search
to complete he compliance procedures set out above, please sign,
date and return one copy
of these terms together with a copy of your passport and utility
bill.
10. 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 notice given in writing by either party to the other. The
Minimum Fee (see Section 3) will become due for immediate payment,
upon termination or expiry of this Agreement if you have not purchased
or agreed to purchase a property or in the event your search is
put on hold or becomes inactive (due to your lack of activity)
for a period of 4 weeks or more.
11. PROOF OF FINANCE: We will 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.
Acceptance of Terms and Conditions
Name(s): Signed:
Position: Telephone Contact numbers:
Company: Dated:
(if applicable)
Address:
Dated:
Please complete and post/fax
(1) a signed copy of this form
(Terms and Conditions) &
(2) a completed copy of the Property Search Questionnaire (if
not already discussed in detail with us) &
(3) copy of your passport & recent utility bill (dated within
last 3 months) &
(4) Payment of GB £1,175 (£1,000 + VAT) in respect
of the 12 month Retainer Fee
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 cheque payments: Cheques made payable to Sands Home Search
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
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