Nitty Gritty

Terms And Conditions

1. Services
Upon acceptance of our terms and conditions we undertake to provide you with Property related services as discussed with you. By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions

2. Fees
We will be expending considerable time and effort on your behalf to find a suitable property and/ or property related service for you.

Our fee for this service is 3% (minimum fee is £3000) plus VAT of the original selling price.

Any reservation fee required by the developer or his agent is in addition to the Claremont fee and is non-refundable if you decide not to continue with the purchase.

For the purposes of our agreement, we shall be deemed to have introduced a property or property related service to you, if you have either received the particulars of a property from ourselves directly or indirectly, or through agents or individuals whom you have instructed us to negotiate with on your behalf.

3. Payment
Our fees are due within 5 days of receipt of our invoice in addition to any reservation fee required by the developer or agent.

4. Cancellation
In the event of you cancelling the contract, we shall be entitled to retain all of the fees paid.

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 National Westminster Bank plc.

For the avoidance of doubt after the reservation fee has been paid or has become payable any change in the sale price will not result in a reduction or increase in the reservation fee.

5. Duration
This agreement shall subsist for the longer of one year or the date on which the purchase of the Property is completed.

6. Liability
Details of properties, valuations, reports (whether in text, plans or photographs) and other information provided by us are prepared in good faith and are solely for your guidance, and should not be relied upon as being a statement or representation of fact.

You 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 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 or late completion.

You agree that you will not deal independently with any builder/developer or service provider introduced to you.

You will supply us with your solicitor’s details, if for any reason you do not use the firm or firms we recommend.

You will advise us on the progress of your purchase and supply all information concerning the same when reasonably requested by us, the developer or agents.

You agree if reasonably required by us (but at your cost) to undergo a credit check through our recommended mortgage broker.

7. General
The supply of the 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 of the right to enforce any term of this Agreement except as otherwise stated.

This Agreement is governed by the laws of England & Wales, and you agree to submit to the exclusive jurisdiction of the courts of England & Wales.