Terms and Conditions
1. The definitions and rules of interpretation in this clause apply in these terms and conditions:
- Empire: means The Empire Property Group Limited, a company incorporated in England and Wales (company number 05803166) whose registered office is at 45A Brighton Road Surbiton Surrey KT6 5LR.
- You: means the person, firm or company who engages the services of Empire to search for and identify properties and Your shall be construed accordingly.
2. You are under no obligation to purchase properties through Empire. However, You authorise Empire to contact You when suitable property opportunities arise.
3. A non- refundable reservation fee of £1000 is payable by You to Empire 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 Empire on reservation of a property. The minimum finder’s fee chargeable is £3150 + VAT unless otherwise stated. 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. You acknowledge and agree that the finder’s fee is the commission You have to pay to Empire 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 Empire within one year of the said introduction, You shall pay Empire an introduction fee of 3% + VAT of the purchase price of the property.
6. You shall:
- not contact a developer, vendor or any of its agent regarding a property You have been offered by Empire other than to confirm specific information such as floor plans, sizes and specifications etc and only with prior written authorisation from Empire; and
- in accordance with Anti- money laundering regulations you must supply photographic identification, proof of address and proof of funds to Empire, Your solicitors and Your mortgage brokers immediately after reservation of a property. We reserve the right to stop the property transaction going ahead at any time if the AML documents are not provided. In such case, the fees paid will be held on account and an administration fee of £1000 will be charged.
7. You acknowledge and agree that :
- all information sent to You by Empire is private and confidential and should not be discussed with any third party unrelated to the agreement between You and Empire;
- not all the properties introduced by Empire will match Your requirements in every respect;
- a property may be withdrawn from the market at any time;
- 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.
- You shall satisfy yourself as to the correctness of any information provided by Empire before purchasing a property;
- The seller may withdraw from the sale or change the price of a property at any time;
- Empire does not offer any legal, surveying, financial, tax, accounting or other specialist advice;
- Empire 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;
- the choice of property is Your responsibility;
- 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;
- You are required to exchange contracts within 6 weeks of your solicitors receiving draft contracts papers unless otherwise stated. Failure to do so could result in the vendor withdrawing the property and Your reservation fee being lost. While both sides are required to act promptly, we can not be held responsible for any delay on the vendor’s side.
- You must answer all communications and act upon all instructions from us without delay throughout the transaction. Any delay during the transaction should be justified, and the reason for it communicated immediately to Empire at all times. Failure to do so could result in the property being remarketed. In the event of a vendor pulling out of a transaction due to consistent and / or unjustified delays or lack of communication on the buyer’s side, the Finder’s fee and reservation will automatically become non-refundable and non-transferrable.
- You must instruct a solicitor and provide Empire with your solicitors details within 5 days of reserving the property. Searches must be applied within 48 hours of receipt of contract from your solicitors. Failure to do so could result in the property being remarketed immediately. In such situation, the Finder’s fee and reservation fee would remain on account and would be subject to a £1000 administration fee.
- You must instruct a mortgage broker and provide Empire with your mortgage broker details. The mortgage application must be applied for within 5 days of reserving the property. Failure to do so could result in the property being remarketed immediately. In such situation, the Finder’s fee and reservation fee would remain on account and would be subject to a £1000 administration fee.
- 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.
- You understand that Empire might receive a referral fee from our panel of recommended brokers & solicitors.
- Viewing should take place no later than 2 weeks after reserving the property. Any request for viewing made after 2 weeks can not be guaranteed and will be at the vendor’s discretion.
8. Payments of any fees or incentives by Empire 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 Empire in writing prior to the date of completion enclosing a non-refundable fee of £20.
9. Empire shall endeavour to ensure that all information passed to You about any property is accurate and does not mislead. However, Empire are not responsible for the accuracy of any information provided to Empire 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. Empire 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. Empire gives notice and You acknowledges that, in respect of any particulars of a property provided to You
- the particulars do not constitute any part of an offer or a contract;
- all statements made in the particulars are made without responsibility on the part of Empire or the seller;
- none of the statements contained in the particulars is to be relied on as a statement or representation of fact;
- the seller does not make or give, and neither Empire 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 Empire makes every endeavour to recommend only reliable and reputable providers of such services as finance, legal, surveying or any other associated services, Empire 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 Empire shall not be liable for any loss or damage arising from such contracts.
12. All monies on account including reservation fee and finder’s fee may be kept on account for a maximum of 10 years.
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 Empire from and against all Claims and Losses arising from loss, damage, liability, injury to Empire, 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 Empire. 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.
15. 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.
16. Empire 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 Empire. In such case, the relationship between You and Empire can be terminated once such transaction has completed and no fees are outstanding from either parties.
17. You have the right to terminate the relationship with Empire by written notice at any time providing you have no ongoing and active property transaction going through with Empire. In such case, the relationship between You and Empire can be terminated once such transaction has completed and no fees are outstanding from either parties.