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Services-Languedoc terms and conditions Appointment By signing this form you accept the terms and conditions as described in this document, and you appoint Services-Languedoc (referred to as “us” or “we”) to: Property finder and acquisition Carry out a search for a period of up to 12 months from the date your payment is received, for properties which meet your requirements as set out by you in our property search questionnaire. Present you with a shortlist of properties which most closely match your requirements Carry out a property appraisal visit on your behalf for your preferred property to allow you to further assess its suitability, providing you with a written report and photographs. (Structural surveys not included, and if required will be paid directly, by yourself, to the surveyor. We can make suitable arrangements on your behalf:
Just search Carry out a search for a period of 3 months from the date your payment is received, for properties which meet your requirements as set out by you in our property search questionnaire. Present you with a shortlist of properties which most closely match your requirements Provide you with the contact details necessary for you to carry on with the purchase of the property Property appraisal Visit the property (ies) – as found by us or identified through your own search efforts – on your behalf. Provide you with a written report, comparing the results to your requirements as stated in our property search questionnaire (Structural surveys not included, and if required will be paid directly, by yourself, to the surveyor. We can make suitable arrangements on your behalf) Provide you with photos to give you an honest visual overview of the property and immediate vicinity Local area search Carry out a local area search for the area in which the property you identified – through our searches or your own search efforts – to help you assess whether it suits your requirements. We will also provide you with data relevant to your owning a property in that area (tax rates..) Our fees
£900, to cover our minimum fee of £1750, due 12 months from the date the retainer is received or on completion of our work, whichever comes soonest; 2.5% of the property price (not including legal / agent fees) (e.g. 150000 euros price = 3750 euros*); 25% of money saved through our negotiations support (if required) (e.g. 250000 euros initial price, negotiated down to 225000 euros= 25000 euros/0.25= 6250 euros*) whichever is the greatest *All moneys are to be paid in pound sterling, using the exchange rate applicable at the time of the transaction Liability to pay our fees Just search / property appraisal / local area search You hereby agree to pay us £299/199/199 as a non-refundable fee for our services. You understand that we cannot commence work until we have received that fee. Property finder and acquisition You hereby agree to pay us £850 as a non refundable retainer for our services. You understand that we cannot commence work until we have received that fee. At the end of the 12 months contract you agree to pay us the balance to cover our minimum fee (£1750), the acquisition fee (2.5% of purchase price) or discount fee (25% of reduced amount), which ever is the greatest Our fee is payable when: (a) You exchange contracts for the purchase of, or any other dealing with, any property or land introduced by us to you in the period of our appointment; or (b) You exchange contracts for the purchase of, or any other dealing with, any property or land with a person introduced to you by us during the period of our appointment. For the avoidance of doubt, the phrase “introduced by us” where used in these terms refers to: (i) In the context of persons introduced, any person or entity who has become aware of your interest in property in the relevant area as a result of any action taken by us, whether directly or indirectly. Such actions may include, without limiting the range of such actions: Our enquiries of, discussions or negotiation with, such persons or their agents; The passing of any information about you or your agents to such persons or their agents or any information about such persons or their agents to you or your agents; or Any communications or correspondence (oral, written or electronic) between us and any other person or entity); even if such actions did not cause the exchange of contracts or occupation; and (ii) In the context of land or property introduced, any land or property or any interest in land or property which you have become aware of as a result of any action taken by us, whether directly or indirectly. Such actions may include, without limiting the range of such actions: The passing or direction to you of any information about the relevant land or property; or Any communications or correspondence (oral, written or electronic) between us and any other person or entity); even if such actions did not cause the exchange of contracts or occupation. Payments Please note that: (a) All commission and fees and any other costs and charges are subject to VAT at the prevailing rate; (b) if contracts are exchanged and completion or occupation does not take place, you agree that we are still entitled to be paid our commission and these shall be paid within 10 days of the date that they would otherwise have been due; and (c) If we have agreed to charge on a time, success or other basis, the payment terms will be confirmed separately in writing. If any payment due to us is not made within 10 days of the due date we reserve the right to charge interest at 4% above the rate set from time to time by the Monetary Policy Committee of the Bank of England and, in respect of clients who are businesses or public authorities, at the highest rate which we are entitled to charge in accordance with The Late Payment of Commercial Debts (Interest) Act 1998. You agree to cover our costs if we use solicitors or other persons or institute legal or other proceedings to recover or realise monies due to us. Our services and our liabilities to you You are encouraged to take all possible professional advice in connection with any purchase or other dealing with land. Apart from those services described in this agreement, we do not offer legal, surveying, financial, tax, accounting or any other services. We therefore cannot be liable to you for any losses, costs or expenses arising from matters which we are not qualified to advise on. We accept however that, if we are negligent and such negligence causes loss to you, we will be liable for up to the sum you have paid to us so far, for your direct loss only. Otherwise, we will have no liability to you and, except as specifically agreed above and without excluding any liability for fraudulent misrepresentation or death or physical injury caused by our negligence, we shall not be liable for any direct or indirect loss, loss of profits, costs, expenses, judgments, awards, fines, penalties, howsoever or whomsoever caused and of whatsoever nature, save to the extent that any such liability cannot be excluded by law. In accepting liability for direct losses, we do not accept any liability for indirect or consequential loss or for loss of profits. Our agreement By signing the copy of these terms, you and we agree that: (a) these terms contain all the agreements and understandings between us relating to our services and replace any previous such agreement between us; (b) in accepting these terms you are not relying on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing, on our website or otherwise) of any person relating to our services; (c) these terms can only be varied with your and our express agreement in writing; and (d) if a court decides or the law declares that any part of these terms may not apply or are invalid the terms shall continue to apply but as if the invalid or inapplicable part had been deleted from this copy of them. Accuracy of information We have a legal duty to ensure that all information passed to you about any property is accurate and does not mislead. However, we cannot be responsible to you for the accuracy of any information provided to us by the owners or sellers of properties or their agents. We will use reasonable endeavours to highlight material inaccuracies in descriptions given if we are aware of any but, unless we have your specific instruction to do so, we will not verify any such information provided to us. We will strive to ensure that all information given to you about an area is accurate. However, we cannot guarantee any aspects of the area, for example, the provision of services, the availability of school places or the flow of traffic.
Data protection Act 1998 We will retain your contact details and may contact you by mail, e-mail or telephone to let you know about services which might be of interest to you. If you do not wish your information to be used in this way, please tick this box []. You also have the right to require us to correct any inaccuracies in your information.
Money laundering The law requires us to establish your identity. We therefore cannot undertake any work until we have seen or received the original or a certified copy of your passport and a utility bill and a copy of a utility bill establishing your identity. If we are instructed by more than one person, we will need to be satisfied about the identity of each. If you are a company or a partnership, we will need such information for each director or each partner. Governing law Our agreement and these terms and conditions shall be governed by and construed in accordance with English law. |  |
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