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
(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
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.