Farrell Heyworth Property Lawyers

Terms of engagement

Consumer Protection (Distance Selling) Regulations 2000

1.You have the right to cancel this contract within seven days

2.You will not be able to cancel the contract even within the seven day period once performance of the services has begun with your agreement

3.This contract may take more than 30 days to be performed

1. QUOTATION AND COSTS

You will have received a quotation for the fees payable and other costs for the conduct of your transaction. This quotation is based on the information that you have given us. You will appreciate that occasionally there may be an alteration to other charges, if for example, there is a reduction or increase in the purchase price, that directly affects Stamp Duty and Land Registry fees. In rare cases unexpected developments may make the transaction more complicated than expected and this may entail additional fees. However we would advise you of any increase in our fees and seek your agreement.

It is standard practice for the fees and disbursements due to us to be paid as cleared funds before completion. Where we hold funds belonging to you, this payment will be deducted, once a financial statement has been provided to you. By acknowledging these Terms you authorise this practice.

2. EXTENT OF ADVICE

We are specialist property lawyers, qualified to advise on the law relating to conveyancing. You should take advise from appropriately qualified professionals to advise on other matters, such as the physical condition of the property and its services, value, marketability, and other aspects particular to your matter, i.e. tax planning, inheritance tax issues, matrimonial matters.

3. CLEARED FUNDS

It is essential to ensure that adequate finance is available to enable you to complete your transaction, and to pay all fees and disbursements. Uncleared funds should be submitted to us a minimum of 5 working days prior to their requirement, to allow sufficient time for clearance through our Bank.

Where uncleared funds are submitted in less than 5 working days, we will endeavour to clear them by special clearance (for which the fee is payable by you). If this is not possible we will not be responsible for any delay or consequential loss in dealing with the matter, for as long as the client’s funds remain uncleared.

We will give you as much warning as possible, but your co-operation would be appreciated to avoid delays.

4. INTEREST ON MONEY HELD

Unless agreed in writing to the contrary, we would not intend to open special deposit accounts or account to you for interest that accrues or might accrue an any money that we receive on your behalf for the conduct of your transaction. Your acceptance of these terms is considered to be an agreement to this effect.

5. ACTING FOR BOTH PARTIES

The Rules of the Council for Licensed Conveyancers do permit us to act on both sides of a transaction provided there is no apparent conflict of interest, and both parties agree in writing to this firm acting, subject also to building Society approval in some cases. This is on the clear understanding that should a conflict of interest arise during the course of the transaction, it will then be necessary, under the provisions of the Rules, to ask both parties to seek alternative legal representation. If this transaction falls into the category whereby we are acting for your Seller or Buyer, would you please signal your acceptance by writing to us confirming that you have no objection to us so acting.

6. MORTGAGES

If you require a mortgage, it is your responsibility to comply with the terms and conditions in the lender’s Offer of Mortgage. In particular, you should be aware of the financial effect of any deductions, retentions, redemption penalties or interest payable on early repayment. Whilst we may highlight these provisions or advise, if requested, upon the terms of the mortgage offer, we will otherwise assume that the mortgage offer is understood and accepted by you.

7. COMMISSIONS

Should we pay or receive, or expect to pay and receive, a commission or other benefit as a result of receiving instructions, or in respect of an introduction to a third party, with whom you then do business, then you will be informed in writing, and acceptance of these Terms will include your consent for us to pay or retain any such commission or benefit, where such an arrangement exists.

8. COMPLETION

We will advise you as soon as your matter can be scheduled for completion. Please do not agree any dates with other parties in the chain, including the estate agents. Do not make any arrangements for removal, until we have confirmed that exchange has taken place. We cannot accept any responsibility for losses arising, where arrangements have been made, in advance of an exchange. If you instruct us to work towards a specific date, without formal exchange of contracts, any financial risk is yours.

In so far as is possible, we will endeavour to complete in accordance with your requirements. We would normally advise a ten day period between exchange and completion, especially where a mortgage is required, in order that there is sufficient time to deal with the necessary pre-completion searches and formalities, and obtaining cleared mortgage funds.

9. POST COMPLETION

After completion we will attend to the necessary stamping and registration formalities, and advise when these matters have been completed. If you have a mortgage, the Certificate will be forwarded to the Lender, who will retain it whilst you have a mortgage with them. If you do not have a mortgage. or there are old deeds, which do not need to be placed with the Certificate, we will advise you that they can be collected. If the old deeds are not collected within one month, it will be assumed that they are not required and they will be disposed of. If the Land certificate is not collected, within one month, we will charge storage fee of £5 per month, until they are collected. If we are requested to send the deeds by post, this will be at your cost and risk.

After all formalities have been completed, the file of papers relating to your transaction will be electronically stored. Any original documents supplied to us i.e. marriage/death certificates, will be returned and then the original papers will then be destroyed, by shredding to preserve confidentiality. You can have access to the file for a period of six years, after which time we will not be under any obligation to retain the records. Your acceptance of these terms will indicate your consent to these proposals.

10. TRANSFER OF INSTRUCTIONS

If at the time your sale/purchase is agreed we consider that due to ongoing workloads and to maintain service to our clients we may transfer your matter to one of our selected working partners. If such a situation arises then we will advise you immediately as to who the working partner will be who in turn will also contact you without delay. They will handle the transaction on equally the same terms and conditions that are agreed within these terms of engagement and quotation. Any monies already paid by you will be transferred to the working partner and accounted for accordingly.

11. DATA PROTECTION ACT 1998

By signing this form you consent to us using the information supplied by you for the purpose of your sale/purchase and in the circumstances specified in paragraph 10 arising permit us to forward all the information provided to us to one of our working partners who will use the information solely for the purposes of completing the transaction.

12. COMPLAINTS

If you are unhappy with any aspect of the service provided by this Company, and you have not been able to resolve the matter with the fee earner handling your case, please write to Andrew Armstead at Unit 4 Futura Park Aspinall Way, Middlebrook Bolton BL6 6PG. We can then take the appropriate action. If you are then still dissatisfied you can write to The Council of Licensed Coveyancers, 16 Glebe Road Chelmsford CM1 1QG

If you make a valid claim against us for a loss arising out of work for which we are legally responsible, and we are unable to meet our liability in full, you may be entitled to claim from the Compensation Fund administered by the Council of Licensed Conveyancers (from whom details can be obtained)