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TERMS & CONDITIONS

Terms and Conditions

1. The definitions and rules of interpretation in this clause apply in these terms and conditions:

  • a. Brentor Property Investments ( referred to as BPI from now on) is a trading name of Brentor Property Limited, a company incorporated in England and Wales (company number 11620379) whose registered office is at 11 Castle Hill, Maidenhead Berkshire, SL4 6AA). Any relation to BPS is also referring to the parent company, Brentor Property Ltd.

  • b. You: means the person, firm or company who engages the services of BPI to search for and identify properties and You shall be construed accordingly.

2. You are under no obligation to purchase property through BPI. However, You authorise BPI to contact You when suitable property opportunities arise.

3. A non refundable reservation fee of £1000 is payable by You to BPI on reservation of a property. The reservation fee becomes fully refundable once completion has taken place.

4. A non refundable finder’s fee of 3% + VAT of the purchase price is payable to BPI on reservation of a property. The minimum finder’s fee chargeable is £3000 + VAT. The finder’s fee may be transferred towards the finder’s fee of an alternative property subject to the payment of an administration fee of £1,000 + VAT. The finder’s fee may only be transferred once. You acknowledge and agree that the finder’s fee is the commission You have to pay BPI for sourcing the property.

5. Should You exchange contracts or enter into a legally binding agreement for the purchase of a property introduced to You by BPS within one year of the said introduction, You shall pay BPI an introduction fee of 3% + VAT of the purchase price of the property. For the purposes of this clause introduced to You by BPI means:

6. You shall:

  • a. not contact a developer, vendor or any of its agent regarding a property You have been offered by BPI other than to confirm specific information such as floor plans, sizes and specifications etc and only with prior written authorisation from BPI; and

  • b. in accordance with anti money laundering regulations supply photographic identification, proof of address and proof of funds to BPI, Your solicitors and Your mortgage brokers immediately after reservation of a property.

7. You acknowledge and agree that :

  • a. all information sent to You by BPI is private and confidential and should not be discussed with any third party unrelated to the agreement between You and BPI;

  • b. not all the properties introduced by BPI will match Your requirements in every respect;

  • c. a property may be withdrawn from the market before You receive details of it from BPI;

  • d. the details contained and any information provided to You are for guidance only. Any photographs, floor plans, sizes and specification are subject to changes and only give a general indication of a property. The Market Value of the property is an estimated value. It is based on  comparable properties for sale or sold in the area as well as local agents opinion.

  • e. You shall satisfy yourself as to the correctness of any information provided by BPI before purchasing a property;

  • f. The seller may withdraw from the sale or change the price of a property at any time;

  • g.  BPI does not offers any legal, surveying, financial, tax, accounting or other specialist advice, we have people we use and will pass on their details to you if you enquire. 

  • h. BPI have recommended that You take appropriate legal and other advice and to use the services of solicitors, surveyors, valuers, financial advisers and other specialists, for whose fees You are solely responsible;

  • i. the choice of property is Your responsibility;

  • j. You should declare all the incentives You are to receive or have received in connection to the purchase of a property to your mortgage lender. You acknowledge and understand that a lender might reduce the amount You can borrow based on the incentives You are to receive or have received; and

  • k. exchange of contracts must take place no later than 28 days from receipt of contract from Your solicitors. Failure to do so could result in the vendor withdrawing a property and Your reservation fee being lost.

  • l. You must instruct a solicitor and provide BPI with your solicitors details within 5 days of reserving the property. Failure to do so could delay the property transaction and could result in the vendor pulling out of the sale entirely.

  • m. You must instruct a mortgage broker and provide BPI with your mortgage broker details. The mortgage application must be applied for within 5 days of reserving  the property.  Failure to do so could delay the property transaction and could result in the vendor pulling out of the sale entirely.

  • n.You understand that should the vendor decide to pull out of the sale of the property as a result of You not respecting the property transaction time frames as listed above, we reserve the right to charge You an administration fee of £1000. However, we agree that the Finder’s fee paid remain transferable to an alternative property.

  • o. You understand that BPI might receive a referral fee from our  panel of recommended brokers & solicitors.

8. Payments of any fees or incentives by BPI can take up to 10 days to reach Your bank account from the date of completion of the purchase of a property. Should You require a same day payment on the date of completion, You should inform BPI in writing prior to the date of completion enclosing a non-refundable fee of £20.

9. BPI shall endeavour to ensure that all information passed to You about any property is accurate and does not mislead. However, BPI  are not responsible for the accuracy of any information provided to BPS by the sellers of properties or their agents or for the accuracy of any entry in any public register, and shall not be liable for any loss or damage resulting from the inaccuracy of any such information. BPI  shall use reasonable endeavours to highlight any material inaccuracies of which it or they are aware, but shall not verify any information provided to it or them unless instructed by You to do so.

10. BPI gives notice and You acknowledges that, in respect of any particulars of a property provided to You

  • a. the particulars do not constitute any part of an offer or a contract;

  • b. all statements made in the particulars are made without responsibility on the part of BPI or the seller;

  • c. none of the statements contained in the particulars is to be relied on as a statement or representation of fact;

  • d. the seller does not make or give, and neither BPI nor any person in its or their employment has any authority to make or give, any representation or warranty whatsoever in relation to the property.

11. While BPI makes every endeavour to recommend only reliable and reputable providers of such services as finance, legal, surveying or any other associated services, BPI shall not be held responsible or liable for any loss or damage resulting from such recommendations. All contracts for such services shall be between You and the service provider in question, and BPS shall not be liable for any loss or damage arising from such contracts.

12. Except in the case of death or personal injury caused by BPI negligence, the liability of BPI under or in connection with these terms and conditions whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the fees paid or due to be paid by You to BPI under these terms and conditions. The provisions of this clause 12 shall not apply to clause 15

13. No party shall be liable to any other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The provisions of this clause 14 shall not apply to clause 15.

14. You shall indemnify and hold harmless BPI from and against all Claims and Losses arising from loss, damage, liability, injury to BPI, its or their employees and third parties, by reason of or arising out of any act, omission, delay or representation made by You, or in relation to any false or erroneous information provided by You to BPI. For the purpose of this clause ‘Claims’ shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and ‘Losses’ shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.

16. Each of the parties acknowledges that, in entering into the agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in these terms and conditions, and any conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Nothing in these terms and conditions excludes liability for fraud.

17. BPI reserves the right to terminate its relationship with You by written notice at any time. providing you have no ongoing and active property transaction going through with BPI. In such case, the relationship between You and BPS can be terminated once such transaction has completed and no fees are outstanding from either parties.

18. You have the right to terminate the relationship with BPS by written notice at any time providing you have no ongoing and active property transaction going through with BPI. In such case, the relationship between You and BPI can be terminated once such transaction has completed and no fees are outstanding from either parties.

19. No information provided by BPI to You is classified as Financial advise or Investment advice. You should always check any information provided yourself and check with your Financial advisor, who will be regulated by the FCA. BPI is not regulated by the FCA and is therefore does not qualifies to provide any financial advise to You.

20. Any  information provided to You from BPI on Investment property types, property investment strategies, mortgages, or any other topic related to buying or selling or investment properties of any form, is purely give in and advisory fashion and given from BPI knowledge on the subject. BPI, its Director and its employees can not be held accountable for any wrongful or misleading information provided, and the responsibility to ensure the information provided to You is correct and relevant lies solely with You.

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