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1. COMMENCEMENT: We will commence working
on your behalf as soon as you have signed and returned these conditions
of Business and the retainer fee referred to below has been paid
in full. 3. FEES: We will be expending considerable time and effort on your behalf to find a suitable property for you. Our Retainer Fee is GB £1,000. In addition, our Success Fees are 2% of the
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. 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 six months and shall continue thereafter for a further period of six months unless and until terminated prior to the expiry of that second period of six months by one months notice given in writing by either party to the other. We reserve the right to charge a further Retainer Fee if this Agreement continues beyond the initial period of six 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 paid. 5. PAYMENT: Payment of fees (other than the 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 4% per annum above
base rate from time to time of HSBC Bank Plc. 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. 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. I/We enclose my/our payment for £1,175.00 (£1,000 + VAT), made payable to Sands Home Search, in respect of the Retainer Fee. Signature
of client: _______________________________________ |
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