Terms & Conditions
(Our full set of Terms & Conditions will be provided on request).
Information about us:
We are a private limited company Property Investments 4U Ltd. We are registered in United Kingdom under 12074405, with our registered office at 20-22 Wenlock Road, London, England, N1 7GU.
We are members of the Property Redress Scheme, National Landlord Association and Information Commission Office.
Description of Service:
During the period of this agreement you will be supplied with investment opportunities that may help fit your property criteria and achieve your objectives. Opportunities will be proposed to you as and when they become available. We use our market knowledge and extensive contact base to secure properties often before they become available on the open market. We negotiate with the objective of proactively securing properties. In order to be successful time is of the essence, as will your co- operation and willingness to proceed with purchases we recommend. This service is provided on a first come first served basis. Once you have paid a reservation fee, signed and returned all associated documents for an investment opportunity, we will not take instructions from any other clients on that property unless the purchase fails to go ahead as agreed.
The Company may, in relation to certain specific matters related to the services, act on the client’s behalf. Such matter shall not be set out in the agreement but shall be agreed between the company and buyer as they arise from time to time. We shall use all reasonable endeavours to accommodate any reasonable changes in the services that may be requested by the client subject to your acceptance of any related reasonable changes to the Fees that may be due as a result of such changes.
The Company is not qualified to provide financial advice and it is your responsibility to seek financial advice from an FCA approved IFA.
The Company charges a property sourcing fee for its services to the client. This fee encompasses property sourcing, negotiating the sale price of the property, and the management of Third Parties. The Sourcing fee is £3000-£10000 excluding VAT per property as determined on a deal to deal basis.
The company charges a fee of £100 to register new clients which covers the cost of administration.
The Application Fee:
The client agrees to pay the company an application fee of £1,000 or as agreed for each property opportunity it wishes to invest in. By paying the application fee the Client is agreeing to these Terms and Conditions. This fee is non-refundable, although if the purchase falls through due to no fault of the client, the client is entitled to their application fee back or it can be carried forward so the company can source another suitable property. This will include the situation where the seller pulls out of the transaction. The company however will not refund any fees should:
• The client changes their mind about proceeding with the deal
• Is unable to secure a suitable mortgage
• The client is non responsive in request for information
The client agrees to pay the Service fee to the company after successful exchange or completion, whichever is sooner. The Service fee is paid within the period of seven days of exchange or completion of the property transaction. If the monies remain unpaid for the period of 7 days beyond exchange, the sum shall bear interest of 3% above Barclays Bank base rate per day, until the account is settled. The interest charged will be calculated on a daily basis.
Third Party fees and other company fees:
The client agrees to pay fees promptly to third parties as and when required up to the published maximum amount. Third parties include the refurbishment company, the lettings agent, the mortgage broker and the property management agent.
Cancellation of Contract During the Cooling Off Period
Where this agreement is not made “on Our premises”, you have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends at the end of 14 calendar days after that date. If You wish to cancel this Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post or email to the postal address or email address specified in this Agreement). You may use the Model Cancellation Form set out in Schedule 2, but You do not have to. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired. If You exercise the right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract. We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.
If You wish Us to start work before the end of the cooling off period You must expressly request this by completing and signing the request Schedule 1 of this agreement. By making such a request You acknowledge and agree to the following:
• If the property sourcing services have been fully performed within the 14 calendar day cooling off period, You will lose the right to cancel;
• If You cancel this Agreement after provision of the Introduction services has begun You will be required to pay for the services supplied up until the point at which You inform Us of Your wish to cancel;
• The amount due will fairly reflect the work We have carried out. Any sums that have already been paid for the Introduction services will be refunded subject to deductions calculated on this basis;
• We will process any refund within 3 business days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
The client agrees to complete the necessary documentation and respond to enquiries in 72 hours. Should the Client exceed this length of time to complete the documentation putting the purchase at risk, the company at its sole discretion may cancel the transaction and in these circumstances the company will not be liable for any losses or costs incurred by the Client.
Unexpected Occurrences during Purchase:
The company cannot be held responsible for any unforeseen circumstances that arise as a result of surveyor inspections or refurbishment inspections.
For the purpose of this agreement, we shall be deemed to have introduced a property to you if you have received particulars of the property from ourselves, or through any of the firms of auctioneers, estate agents or developers with whom we have regular contact, or any other contact we have introduced you to. Any attempt to bypass the company and deal directly with the agent or vendor will result in the client being liable for the full fee payable to the company for finding and securing the property.
Condition of Property:
The Company accepts no responsibility for the condition of the property post completion as it is vacated by the seller. The client must rely on their independent surveyor who has a duty of care to both the client and also to their mortgage lender. In addition to this the client is advised to study the “fixtures and fittings” and “sellers property information form” provided by their solicitor and raise any enquiries necessary before completion.
The company takes no responsibility as to how the client finances the purchase:
The company may introduce you to finance providers, financial advisors or mortgage brokers but we do not take any responsibility for the way the client finances the purchase of the property.
Misrepresentation Act 1967 Notice:
The Company gives notice that 1) we have prepared property and deal particulars as a general guide and they do not constitute the contract or part of the contract to purchase the property which will ultimately be between the client and the seller of the property. 2) All descriptions, dimensions, reference to condition, necessary permissions for use in occupation are made without responsibility on the part of the company. 3) None of the statements contained in these particulars are to be relied on as statements of representations of fact.
Property Misdescriptions Act 1991:
The company gives notice that they do not knowingly misrepresent the position or condition of a property. The property information comes from desktop research, site visits, photographic evidence, estate agents and the current owner. The company cannot be held responsible if any information obtained from estate agents or the current owner is not accurate.
Prior to payment all investors must satisfy themselves as to the suitability of the investment for their own personal financial circumstances. However the company issues no right for the client to contact the seller of the property directly through circumvention of the company.
Changes in the market and criteria:
The client accepts that whilst the company presents various possible structures to purchase property that the company cannot be held liable for changes in lenders criteria, law society guidelines, government legislation or changes in the market which affect the market value or rent ability of the client’s property.
How We Use Your Personal Information (Data Protection)
All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act. We may use Your personal information to:
• provide the property sourcing services to You;
• process Your payment for the Introduction services;
• inform You of new products and services available from Us. You may request that We stop sending You this information at any time.
We will not pass on Your personal information to any other third parties without first obtaining Your express permission.
The company collects information about its subscribers and customers including: first and last names, phone number and email as well as some financial information in respect of clients who reserve a property. The company and its associated companies may use personal details to provide the information and services you have requested. We may also use this information for auditing, research and analysis to operate and improve our technologies and services. We do not sell or rent Clients information to any 3rd Party.
The client agrees to indemnify the company, its directors, partners, employees and agents against all claims, losses and liabilities that arise as a result of them having applied for and purchased the property through the company.
Under the money laundering Regulations 2007 the company must carry out identity checks on clients of property. Checks are completed and may require the company to ask the client for additional information, such as certified copies of photographic identity documents and utility bills (proof of address).
We may transfer (assign) Our obligations and rights under this Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under this Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
You may not transfer (assign) Your obligations and rights under this Agreement without Our express written permission (such permission not to be unreasonably withheld).
No failure or delay by Us or You in exercising any rights under this Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
If the rate of VAT changes We will make a corresponding adjustment to any sum You must pay that is stated to be inclusive of VAT.
We always welcome feedback from Our clients and, while We always use all reasonable endeavours to ensure that Your experience as a client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
We are registered with the Property Redress Scheme and If you wish to make a complaint for any reason you can call us on 0800 246 1210 or email us at firstname.lastname@example.org and we will instruct you on our in house complaints procedure to help resolve the issue.
The terms and conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England. The Company reserves the right to amend these Terms and Conditions at any time and without notice.
Any amendments to these terms will not apply to cases already started or properties already reserved. Before accepting this agreement, you should carefully read all of the terms and conditions set out in this document. It is very important that you read and understand all of the terms and conditions that will apply to this agreement before entering into this agreement. Only accept this agreement if you wish to be bound by all of the terms and conditions it contains.