TERMS AND CONDITIONS OF BUSINESS PERHAY COUNTRY PROPERTY SEARCH This document is a legally binding Agreement which sets out the Terms of Engagement of Perhay who will act as agents for the client in the discovery of a property to purchase or rent. In this Agreement the following terms have the following meanings:- "Perhay" means Perhay Country Property Search of Grey Cottage, Askerswell, Dorchester, Dorset DT2 9EL "Purchaser" shall mean any one or more individuals or corporate entities named as Purchaser "Tenant" shall mean any one or more individuals or corporate entities named as Tenant "Client" shall mean any one or more individuals or corporate entities registered with Perhay for the purchase or rental of a property "Portfolio" shall mean the shortlist of properties provided by Perhay to the Client during the period the Client is registered with Perhay and any subsequent period of registration Once the Client is registered with Perhay by payment of the registration fee in full:- The Client's individual requirements will be assessed Perhay will carry out a search for suitable properties to assist the Client and provide a Portfolio of such properties to the Client at appropriate intervals (not less than once a month). Perhay will make every effort to locate suitable properties but cannot guarantee that such properties will be available. Perhay will carry out a first inspection and report to the Client on properties selected by the Client from the Portfolio Once the Client has inspected the selected properties from the Portfolio and made a choice Perhay will negotiate on behalf of the Client, if so desired, for the purchase or tenancy of the property. Perhay will advise as to the suitability of a property but the final choice of any property is the responsibility of the Client Perhay cannot accept responsibility for the description of any property and, at all times, the Client will be strongly advised to seek independent, professional advice as to legal title, valuation, structure and condition of every property Details of properties, valuations, reports and other information are prepared in good faith and are solely for the Clients' guidance. They do not form part of any contract relating to the purchase or letting of any property. Perhay does not undertake Housebuyers Reports nor Structural surveys although Perhay will assist the Client in the evaluation of a report provided by a independent Professional Advisor Perhay will, if instructed by the Client, provide a list of solicitors surveyors finance companies and builders but Perhay WILL NOT recommend any particular company or person. Whilst Perhay will take every care in only introducing responsible and competent professional services, Perhay cannot be held liable under any circumstance for any loss or claim whatsoever arising by virtue of any work undertaken for clients by another party, including any party introduced by us. Any claim for consequential damage arising out of any act of omission or commission by Perhay is specifically excluded FEES - Initial registration of £500 in the first instance is for an agreed initial period of 20 weeks which is non-returnable but deductible from the final account if the Client enters into an unconditional contract to purchase a property from the Perhay Portfolio. The initial registration fee includes the first 500 miles of travel by car and thereafter a charge of 40p/mile will be made. At the end of each 20 week period this Agreement is deemed to continue unless terminated by either party in writing. After each 20 week period a further registration fee of £150 if Perhay is required to continue a search The registration fees do not include special items of expense such as advertising or extraordinary meetings away from the area All additional expenses will be agreed in writing with the Client before any additional expenses are incurred If the Client cancels or does not renew this Agreement the Client accepts that Perhay retains the right to make a charge to cover reasonable expenses in excess of the Registration fee The additional expenses and mileage are payable by the Client on demand If the Client terminates the Agreement and the Client purchases or rents a property originally introduced by Perhay within 26 weeks of the termination date, the full fee will apply Interest may be charged at 2% over National Westminster Bank PLC's Base Rate if the account remains unpaid for more than 7 days at completion PAYMENT OF FEES - On a purchase you the Client further agree to give your irrevocable authority to the solicitors appointed at the time of your purchase to pay to Perhay at Exchange of Contracts on your purchase the agreed commission plus additional expenses or mileage in accordance with the above conditions On a tenancy you the client further agree to give your irrevocable authority to the solicitors appointed at the time of your tenancy is completed to pay to Perhay the agreed commission and any additional expenses or mileage Our fees do not include any charges imposed by surveyors solicitors or other professionals or contractors and the Client will be directly responsible for those charges If the Client is a Tenant it should be noted that the Tenant is usually responsible for part of the cost of preparing a tenancy agreement and inventory
|
