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TERMS & CONDITIONS

For the purpose of these terms London Homes Search shall be referred to as the ‘Buying Agent’.

AGREEMENT DECLARATIONS​

  • I/We agree that I/We will be personally liable to pay your fee under this agreement.

  • I/We agree to accept the terms contained in this agreement by signing and returning a copy to the Buying Agent.

  • I/We agree that a copy of this agreement will be sent to your solicitor.

  • I/We agree that funds to pay the Buying Agent will be in readiness to pay the Buying Agent’s fee invoice on exchange of contracts /or signing of rental contracts.

ABOUT THIS AGREEMENT

  • London Homes Search will act as your ‘sole’ buying agent in acquiring property or land until written confirmation of cancellation is received.

  • All negotiations to buy a property or land which you choose shall be carried out through us.

  • We will endeavour, with your agreement, to instruct independent professionals where necessary i.e. solicitors, financial advisors, engineers etc. The liability therefore lies with the particular third party.

  • You will be liable to pay the fee to the Buying Agent, in addition to any other expenses or charges agreed from a third party.

  • If we don’t find you a property the ‘Search Fee’ does not apply.

  • You will be liable to pay the fee to the Buying Agent, if at any time there is an exchange/signing of contracts for the purchase of property or land with a seller/agent/landlord introduced by us during the period of our agreement or with whom we have had negotiations during the period of our agreement.

  • You will be liable to pay the fee to the Buying Agent, if it comes to light that after a cancellation notice you purchase property/land that was introduced or negotiated by us for up to 1 year after the introduction/negotiation.

  • During the search process if you find a property or London homes search find a property, you will still be liable to pay the search fee.

  • The Buying Agent Search Fee is due on exchange of contracts. If we take you through the purchasing/acquiring process to the point of exchange (14 days before exchange)  and for some reason you do not exchange/sign contracts i.e. you pull out. 50% of the Buying Agent ‘completion fee’ is still chargeable.

  • If the seller pulls out at any point you will not be charged your ‘completion fee’, however the ‘retainer fee’ will be non-refundable.

  • A seller we have introduced is anyone who has learned about the buyer/tenant through the Buying Agent’s activity either directly or through another person (for example wife, husband, family member, partner or business partner) including anyone acting on behalf of the buyer. This can include (for example) advertisements, office displays, sales details, for sale boards, electronic advertising including Internet media, leaflets and any written or verbal information given about the property/land.

  • ​A non-refundable Retainer Fee is payable for all services. 

  • You will ensure that the services you receive from third parties in connection with your property purchase, are properly documented and agreed from the outset.

  • The Buying Agent’s search Fee will be payable in the event that we introduce you to a property/land (including if we follow up leads you may have identified for the Buying Agent) in respect of which you (or someone connected with you) enter into a legally binding agreement to acquire an interest in it i.e. an exchange of contracts.

  • When we find a suitable property or land and introduce you, the Buying Agent Retainer Fee and search Fee is for an end to end service, from search, negotiation, progressing your sale and up to exchange and completion.

  • If the Buying Agent invoice for the Completion Fee and/or other expenses or charges remain unpaid for more than 14 (fourteen) days after the due date or the date of the invoice (whichever is later), we will charge interest at the prevailing statutory rate of court judgements in England and Wales from the date the debt should have been paid to the date the debt is paid (or up the date of any judgement if proceedings are issued). If it is necessary to use a solicitor or other agents to recover any unpaid fee or expense, we will charge you the reasonable costs of the solicitor or other agent.

 

CANCELLING THE BUYING AGENCY AGREEMENT

  • If we introduce a seller directly or indirectly whom you then purchase, before the end of the Cooling Off Period when you have with that Cooling Off Period exercised your right to cancel the buying agency agreement, you will remain liable to pay our agreed Completion Fee.

  • If cancellation is received after we have introduced you to a property our Completion Fee is still applicable.

  • In accordance with the Code Of Practice (COP), following termination of our agreement, if a purchase introduced by us or with whom we have negotiated goes on to buy the property through another  agency  or source, we will still be entitled to our Completion Fee but we will give up our fee if exchange of contracts through the other agency occurs more than 12 months after termination (at the end of the 14 (fourteen) days notice) of our agreement. Any termination will not affect your liability previously incurred (including payment of our fee) by either of us to the other under this agreement.

Contract: If any part of this contract is held unenforceable or invalid the remaining parts of this agreement shall be enforceable and valid. This agreement shall be subject to the laws of England and Wales.

Part Exchange: If you decide to part exchange your property with a person introduced by us, our Completion Fee remains payable.

Your Data: We shall not pass on your personal details to any third party, unless required to do so by law, or with your prior written permission. Keep us advised of any changes in your contact details or circumstances.

 

Please print a copy of theses signed Terms and conditions for your own records.

I agree to the Terms & Conditions

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