SANDS HOME SEARCH
PRIME PROPERTY SEARCH AGENTS
 

TERMS AND CONDITIONS

1. COMMENCEMENT: We will commence working on your behalf as soon as you have signed and returned our Terms and Conditions of Business and, where appropriate, the Retainer Fee has been paid in full.

2. SERVICE: We undertake upon acceptance of your instructions to work with you to find a suitable property for you to purchase or rent, as described on the Property Search Registration Form or discussed with us.

3. FEES: We will be expending considerable time and effort on your behalf to find a suitable property for you.

We charge a twelve month retainer fee of £1,000, payable in advance to commence the instruction.

Our Fees for finding a property are based on 2% of purchase price for any property you exchange contracts to purchase an interest in, or one month's rental in respect of any property you agree to rent, during the continuance, or within one year after the date of termination or expiry, of this agreement.

All fees are subject to VAT.

For the purposes of this Agreement you will be deemed to exchange contracts to purchase a property if:-

(a) you or any close relation, or any person with the aid of funds provided by any of such persons, acquires or agrees to acquire, or any body corporate or trust in which any of those persons has an interest (directly or indirectly) acquires or agrees to acquire, any legal or beneficial or other interest in any freehold or leasehold property, or agrees to occupy a property;

(b) a third party acquires or agrees to acquire any legal or beneficial or other interest in any freehold or leasehold property, or agrees to occupy a property and, within one year you occupy that property either together or independently of that third party (including temporary occupation for holidays or weekends).

4. DURATION: This Agreement shall subsist for an initial period of twelve months and shall continue thereafter for a further period of twelve months unless and until terminated prior to the expiry of that second period of twelve months by one months notice given in writing by either party to the other.

If applicable, we reserve the right to charge a further Retainer Fee if this Agreement continues beyond the initial period of twelve months, but if we do so then the fee payable on exchange of contracts under paragraph 3 above will be reduced by the amount of any additional Retainer Fee(s) paid.

5. PAYMENT: Payment of fees (other than any Retainer Fees) shall be made in full on exchange of contracts for the purchase or rent 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% per month or part thereof.

6. CHARGES ON TERMINATION: Upon termination or expiry of this Agreement, if you have not purchased or agreed to purchase a property, we shall be entitled to charge you for all reasonable expenses and disbursements (including for the time of our personnel at our rates from time to time, details of which are available on request) incurred by us in providing services to you up until the date of termination and any such termination fees are immediately due for payment on the termination date. Any sum charged pursuant to this paragraph shall be deducted from any further payments you make to us on exchange of contracts under paragraph 3 above.

 

7. 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.

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.

Sands Home Search is a trading division of Artizaen Ltd whose registered office is situated at Fairstowe Chambers, Library Road, Ferndown. BH22 9JW. Registered in England, number 04790868.

9. 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.

Acceptance of Terms and Conditions

I/We agree to the above terms and conditions.

Name(s):

Signed:

Dated:

Address:



Contact numbers:

COUNTRY, EQUESTRIAN, FARM & WATERSIDE PROPERTY SEARCH AGENTS
 

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