Terms & Conditions
- CONTRACT TERMS
1.1 We agree to Search for a property for you on the following terms. These terms, together with the Requirement Form, constitute a contract between you and us (“Agreement”) and must be read together with any other documents or policies explicitly referred to in these terms. Any other terms contained in any other document are excluded unless their inclusion is expressly agreed in writing.
1.2 In these terms:
1.2.1. “we”, “our” and “us” means Tunji Adebayo & Co Limited (company number 08794965);
1.2.2. the “Requirement Form” means the information form attached to these service Terms; and
1.2.3. the “Requirement” means the details that you have specified on the Requirements Form and that we have agreed to find on your behalf.
1.2.4. the “Fee” means the sum payable to us under clause 4
1.2.5. “Completion of the appointment” means the exchange of contracts, or occupation of the new premises
- OUR SERVICES
It is agreed we will:
2.1 Be appointed to act as agents to advise and represent you in the acquisition of premises.
2.2 Advise on defining the criteria of the new premises required and use the Requirement Form as an initial basis of search:
2.3 Provide advice on the property market insofar as this has an influence on your Requirement.
2.4 Identify suitable premises in accordance with the Requirement Form and arrange inspections.
2.5 Identify a shortlist of suitable premises and enter into initial negotiations after taking your instructions and advising on negotiating strategy and terms achievable.
2.6 Agree detailed Heads of Terms in respect of your chosen accommodation and exchange non-binding letters of agreement with the disposing agency.
2.7 Liaise with your appointed lawyer throughout to ensure terms agreed are translated into the legal documentation.
- DOCUMENTATION – Relating to Property to be acquired
3.1 The Heads of Terms agreed will form the basis of instruction to your solicitors who we will work closely with throughout.
3.2 Your solicitors will retain responsibility for dealing with and reviewing all legal documents, as well as undertaking appropriate legal searches and enquiries.
3.3 We will provide them with assistance and support to ensure that your optimum position is achieved.
3.4 We will not be liable for anything contained in the legal documentation prepared by your solicitors unless we specifically state in writing that the lawyers may rely on our advice in relation to any relevant issue.
3.5 We will give you the appropriate advice to assist in property decisions as envisaged by the brief set out in the Requirement Form.
3.5.1 This advice will not however include a formal property valuation, unless specifically agreed.
3.5.2 It will be for your private use only and may not be disclosed to third parties or published in any way without our prior written approval.
4.1 To undertake the search, inspections and the services set out above our fee we charge the below fees;
|Leasehold||10% of Headline Rent|
|Freehold||2% of Purchase Price|
4.2 All fees are exclusive of VAT which will be charged at the applicable rate.
4.3 You are not under any obligation to pursue any property we introduce to you.
4.4 In the event the acquisition is aborted by you after your offer has been accepted and the heads of terms have been produced then an appropriate fee will need to be discussed to reflect the stage reached.
4.5 This fee will be calculated based upon our hourly rate of £70 per hour plus expenses.
4.6 The Fee is payable on Completion of the appointment, subject to earlier payment upon you aborting the acquisition
4.7 The fee is payable if contracts are exchanged in respect of property introduced to you whether by us or by any other party we introduce.
4.7 In the event that the proposed fee basis becomes inappropriate to the appointment, the parties will agree a revised fee basis.
5.1 This Requirement will be managed on a daily basis by James Adebayo. However, if absent through annual leave or illness and the instruction needs immediate attention, his colleague Olamide Adenugba will be on hand to advise. Furthermore, additional support can be drawn from other divisions of the company as appropriate.
Contact details for this team are as follows:
|James Adebayo||Property Consultant||0207 993 6710||James@taproperty.co.uk|
|Olamide Adenugba||Planning Director||0207 993 email@example.com|
- QUALITY CONTROL AND COMPLAINTS PROCEDURE
6.1 Our aim is to maintain and improve the quality and efficiency of our service in order to deliver results for our clients by:
- understanding our client’s needs
- regularly testing that we fully meet these needs
- acting promptly to rectify any deficiencies
6.2 If at any time during the process you feel that the service that you are receiving is less than is expected, please feel free to contact the Head of London Agency Tunji Adebayo on firstname.lastname@example.org
- TERM AND TERMINATION
7.1 This agreement shall come into force on the date it is agreed and shall continue until Completion of the appointment.
7.2 Either Party may immediately terminate this agreement by giving written notice to the other party.
- THIRD PARTY RIGHTS
8.1 No part of this agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
- RELATIONSHIP OF THE PARTIES
9.1 Nothing in this Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in this Agreement.
- LAW AND JURISDICTION
10.1 This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
10.2 Any dispute, controversy, proceedings or claim between the Parties relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.