Stone Yard Property

Stoneyard the Investment Property Company
Radio House
Aston Road North
Birmingham
England
B6 4DA

0121-260-3890 (Between 9am and 5:00pm)

TERMS & CONDITIONS

You should read these Terms and Conditions carefully. Use of the same constitutes acceptance of a contract containing these Terms and Conditions and by entering into this contract you agree to abide by Stoneyard’s Privacy Policy.

1. SERVICE : We undertake upon acceptance of your instructions to work with you to find a suitable property for you to purchase as discussed with us.

 

2. FEES :

We will be expending considerable time and effort on your behalf to find a suitable property for you.

Our reservation fees will amount to 2% of the gross purchase price you have agreed to pay for any property that has been discounted.

For the purposes of our agreement, we shall be deemed to have introduced a property 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.

VAT is payable in addition unless stated otherwise.

We reserve the right to require additional payments from you for builders reservation fees and solicitors fees.

You hereby agree that any subsequent incentive offered by a builder/developer will not have any consequential affect upon the amount of the reservation fee

In the event of you cancelling this agreement we shall be entitled to retain 75% of our reservation fee and all builders reservation and/or solicitors fees.

 

3. PAYMENT:

The reservation fee shall be paid on the same day as you sign a reservation form with the owner/developer of a property or Land Agent requiring you to exchange contracts within the period specified in the form.

Up until your reservation fee is credited to our bank account we reserve the right to remove you from reservation with the owner/developer of the property or Land Agent.

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 of Barclays 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.

 

4. DURATION: This agreement shall subsist for the longer of one year or the date on which the purchase of the property is completed.

 

5. LIABILITY :

Details of properties, valuations, reports and other information provided by us are prepared in good faith and are solely for your guidance. They do not form any part of any contracts relating to the purchase or letting of any property.

All purchasers 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.

You hereby agree that we are not liable for:

1. any delay in completion of any sale arising out of these terms and conditions;

2. any consequences following any mortgage offer made to you for expiring;

3. any loss, damage, delay, poor or sub-standard building, construction or decorative works carried out by any builder/developer.

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 introduced to you.

You will advise us on the progress of your purchase and supply all information concerning the same when reasonably requested by us including, without limitation, your solicitors, broker and surveyors details.

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

 

6. 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.

You agree that we may pass on your details to all such third parties as we deem appropriate for the purpose of giving effect to this agreement.

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.