Terms Of buSINESS

1) Parties 

Emma Lloyd-Jones and ………………………………………………………………………………………………………………of …………………………………………………………………………………………………………..

(‘you’) (In the agreement the term ‘you’ includes any person acting with you or on your behalf.

2) Commencement of Service

I understand that you are instructing me to find you a property in ……………….

I will use all reasonable endeavours to search for properties, including those off-market, within the locality specified by you, which match your requirements.

I will inspect these properties on your behalf and give you objective information about them.

I will conduct negotiations to purchase the property – advising and liaising with you.

3) Sole Buying Agent

I will act as your sole buying agent instructed to search in the designated area (‘sole buying Rights’)

You will not instruct any other person or estate agent to search for properties on your behalf within our 20 week exclusivity period. 

You will be liable to pay us our final commission fee and any other charges or costs that may be agreed, if an unconditional contract is exchanged for the purchase of a property:

a) In the initial 20 week period of our sole buying rights, a property we have introduced to you, or informed you of, negotiated on, or for a property found or introduced by any other person including you; or

b) For a period of 12 months after the termination of this agreement, a property we have informed you of, or for which we have conducted negotiations on your behalf. 

4) Registration Fee

An initial non-refundable registration fee of £650.00 is payable.

Payment of the registration fee confirms instructions and that is when i shall start my property search service.

This fee is deductible from the final fee.

In the event a suitable property is not found within the initial 20 week period, an extension of up to 20 weeks can be agreed – with a further non-refundable fee of £650.00 to continue the search.

5) Commission Fee

My final commission fee will be.... of the purchase price of the property subject to a minimum fee charge of .......

The final fee will be calculated to include the price paid by you for the purchase and becomes payable to me upon exchange of contracts.

I will continue my duty through to legal completion. This includes liaising with your solicitor.

If payment in full is not received within 14 days of the invoice date, then interest will be charged at a rate of 5% on a daily basis.

In the event contracts are exchanged for the purchase in the name of a company, trust or another person who is connected to you, you remain responsible for our final fee and other fees due to us.

I will not advise you in relation to the purchase of a company or other corporate entity.

6) Rights of Cancellation

I give you the right to cancel this agreement within 14 days from the date you sign the terms of business – providing written notice of cancellation and you will be refunded for any registration fee paid.

7) Anti-Money Laundering Regulations

I am obliged to obtain suitable identification to adhere with anti-money laundering regulations such as proof of address, proof of ID, proof and source of funds. I won't be able to proceed with any work on your behalf until this is provided.

8) Liabilities

It is your responsibility to ensure that the terms of your instructions to me, and any information supplied, is complete and accurate- and to satisfy yourself that a property I introduce to you meets your requirements. 

Any report, description, opinion or otherwise given by us relating to the property is given in good will but can not be relied upon as statement of fact.

It will be your responsibility to satisfy yourself thereafter through advice received from your solicitors and surveyors that the property is one that you wish to purchase.

As part of our service, I may introduce you to third parties, including but not limited to solicitors, financial advisors, surveyors and architects.  I do not accept liability for claims for any loss or damage occasioned by any such Third Party. No warranty or representation is made by me concerning these services.  Nor can I give any warranties regarding the state, value or condition of the property. There will be no liability on my part in the event that purchasing a property, you later consider it to be unsuitable.

In this agreement the terms 'we', 'us', 'I' or 'our' shall be deemed to refer to ELJ Property Search registered in England with the registration number (     )

The term 'you' or 'your' shall be deemed to refer to you as our client.