Please ensure you read and fully understand the Legal Contract below, its process and how it will work when seeking Property with our team at Berwyn Property Services Ltd.
Terms and Conditions. 1st January 2022
- Andrew JR Selmes & Berwyn Property Services Limited, Company number:
Membership of the Group (Group)
2. The membership fee for membership of the Group will be at the rate notified to you and will give you membership of the Group for one year from the date on which you joined. By paying the membership fee you adhere to our terms and conditions set out in this document.
3. A fee will be payable on renewal and will apply for a further year. Berwyn Property Services Ltd / Andrew JR Selmes shall have no obligation (in its discretion) to renew your membership.
4. If you withdraw from a deal which you have reserved by payment of the reservation fee, your membership will automatically terminate and you will not be entitled to any refund of your membership fee for that year. You will also not be entitled to be given notice of, or to participate in, any other deals.
5. Berwyn Property Services Ltd / Andrew JR Selmes shall be entitled to terminate your membership at any time (in its discretion) if you fail to meet the standards of behaviour, decency and honesty required by Berwyn Property Services Ltd / Andrew JR Selmes. You will not be entitled to a refund of your membership fee in such circumstances.Deals and Fees
6. Berwyn Property Services Ltd / Andrew JR Selmes offers 4 kinds of deals:
(a) sourced deals, where Berwyn Property Services Ltd / Andrew JR Selmes simply finds a property for you, this service is charged at 5% of the agreed Sales Price of the Property. The 5% fee is to be paid within four weeks of the Deal being shared with any investor (s) and or buyers. Example: A house with a new value agreed by Berwyn Property Services Ltd (Andrew JR Selmes) of £250,000 would cost the Deal Buyer, (investor) £12,500.
(b) joint venture deals, where Berwyn Property Services Ltd / Andrew JR Selmes and you together buy, develop and sell the property. If you reserve a property on the basis of a sourced deal, the terms and conditions set out herein will apply.
(c) Fast House sales, where we work with our contacts of Buyer and or Investors, and seek to offer clients (those selling) a fast service if possible, and this will be at no fee from Berwyn Property Services Ltd to the Seller. We will gain our income for this service from our partnerships with our buyers.
(d) We may offer a House/Flat Finders fee and where possible agree to project manage a refurbishment (s) and or work to improve the property value, look, appearance, and could include painting, new boilers, or other services, agreed with the Investor. This option is subject to new Fees, additional to the deal costs (a) stated above, and we will discuss this with you before proceeding.
7. If you reserve a property on the basis of a joint venture deal, you must also enter into a joint venture agreement with Berwyn Property Services Ltd / Andrew JR Selmes in substantially the standard form. These terms shall nevertheless continue to apply unless any of the provisions in these terms conflict with those in the joint venture agreement, in which case the terms in the joint venture agreement shall take precedence to the extent of the conflict.
8. Deals (both sourced and joint venture) may be reserved by paying a reservation fee of £1000 plus VAT to Berwyn Property Services Ltd / Andrew JR Selmes, either by credit or debit card or money transfer to:
(Berwyn Property Services Ltd / Andrew JR Selmes)
9. If two or more investors pay the reservation fee, the investor who will have reserved the deal shall be the one whose payment shall first be available to Berwyn Property Services Ltd / Andrew JR Selmes in cleared funds. (Berwyn Property Services Ltd / Andrew JR Selmes)’s decision on the matter shall be final and in its absolute discretion.
10. You agree at no time to contact in any way the vendor of the property or their estate agent. Berwyn Property Services Ltd / Andrew JR Selmes will deal with this and manage the conveyancing process and all communication required as single point of contact for the vendor or their estate agent.
11. The following sub-clauses of this clause 11 shall apply to sourced deals only:
11.1. the fees payable by you to Berwyn Property Services Ltd / Andrew JR Selmes shall be (i) the reservation fee, which shall be payable in accordance with clause 8 and is non-refundable once you have reserved the property and (ii) the transaction fee, which shall be a sum equal to 5% of the purchase price of the property less the reservation fee plus VAT, and which shall be payable by you to Berwyn Property Services Ltd / Andrew JR Selmes in accordance with clause 8 on legal exchange of contracts of the purchase of the property;
11.2. you will be responsible for appointing or instructing all advisers, including (without limitation) solicitors and financial advisers. The solicitor must be on (Berwyn Property Services Ltd / Andrew JR Selmes)’s approved panel of solicitors (“Approved Solicitor”);
11.3. You will:
11.3.1. where you require external funding,
18.104.22.168. not later than 2 working days after we notify you that you have successfully reserved the property (“Notification”), make an application for funding; and
22.214.171.124. within 5 working days after Notification
pay the survey fee to the proposed lender;
11.3.2. where you do not require external funding and, if you decide it is necessary or desirable (in your discretion), appoint a surveyor and make payment of the surveyor’s fees within 5 working days of Notification;
11.3.3. engage an Approved Solicitor to carry out the purchase of the property within 2 working days of
Notification and sign and return the Approved
Solicitor’s engagement letter, terms of business and identification documents within 2 working days of receipt thereof.
11.4. You will be responsible for, and shall make payment in a timely manner of, all costs, fees and expenses relating to the
purchase, including (without limitation) the deposit, completion monies, legal fees and searches, stamp duty, council tax, water rates and utilities. For the avoidance of
doubt, you will be wholly responsible for financing the purchase and the related costs of finance.
11.5. Berwyn Property Services Ltd / Andrew JR Selmes undertakes to use reasonable skill and care in carrying out its obligations but makes no other warranty;
11.6. Berwyn Property Services Ltd / Andrew JR Selmes will not manage a refurbishment project but, if you request, Berwyn Property Services Ltd / Andrew JR Selmes will give an estimated refurbishment cost and prepare an outline schedule of works to bring the property up to what it considers to be a saleable standard. You should be aware that the estimated refurbishment cost does not include any contingency for unforeseen matters. It is based on (Berwyn Property Services Ltd / Andrew JR Selmes)’s experience but is not warranted or guaranteed in any way.
12. You may not withdraw from a deal after you have reserved it for any reason (including delay or increased costs) without (Berwyn Property Services Ltd / Andrew JR Selmes)’s consent. Berwyn Property Services Ltd / Andrew JR Selmes manages to achieve the high number of property deals as a direct result of commitment to buy and cannot work with an investor who does not maintain that commitment.
13. Berwyn Property Services Ltd / Andrew JR Selmes retains all intellectual property rights (including copyright) in the reports, details and information (Information) provided to you. You will not copy or transfer any Information or may use it for any other reason other than in relation to the deal without (Berwyn Property Services Ltd / Andrew JR Selmes)’s consent.
14. The provision of Information does not constitute an offer in relation to the deal in question. A contract will only come into force in relation to a sourced deal when you are notified that you have successfully reserved
the property. A contract will come into force in relation to a joint venture deal when you are notified that you have successfully reserved the property and, in such circumstances, the terms set out in the standard joint venture agreement shall apply (together with these terms) until a joint venture agreement is executed between us.
15. Berwyn Property Services Ltd / Andrew JR Selmes uses its reasonable endeavors to ensure that any Information provided is accurate, up-to-date and not misleading but does not warrant or guarantee this. It is your responsibility to carry out your own due diligence to a level with which you are happy.
16. Any deal is supplied to you personally. You may not assign or otherwise transfer it to any other person.
17. Once notified of a deal by Berwyn Property Services Ltd / Andrew JR Selmes, you agree not to make an offer in respect of such property, other than under these terms, for a period of 12 months.
18. It is your responsibility to ensure that you have sufficient funds in place to cover the purchase price of the property and all associated costs and expenses.
19. Berwyn Property Services Ltd / Andrew JR Selmes shall hold your personal data in accordance with the Data Protection Act 1998.
20. By joining the Group, you consent to Berwyn Property Services Ltd / Andrew JR Selmes using photos, graphics, quotes and images of both properties and deals, and of you, in its marketing materials.
21. You agree to Berwyn Property Services Ltd / Andrew JR Selmes contacting you by email, telephone, post and SMS with notifications of deals and marketing materials.
22. You agree not to disclose any information which could be reasonably regarded as confidential provided to you by Berwyn Property Services Ltd / Andrew JR Selmes or any other investor unless it was public knowledge before disclosure to you, becomes public knowledge other than through breach of this clause, or is required by a court of competent jurisdiction.
23. You agree to return all tangible Information and other information provided to you by Berwyn Property Services Ltd / Andrew JR Selmes upon request after expiry or termination of your Group membership. You also agree to delete any electronic versions on request.
24. Berwyn Property Services Ltd / Andrew JR Selmes does not warrant or guarantee that any property which it sources or recommends is guaranteed to make a profit for you or is suitable for investment purposes.
25. All warranties, conditions and terms not expressly set out in these terms shall be excluded to the maximum extent permitted by law.
26. Except in relation to death or personal injury caused by its negligence, (Berwyn Property Services Ltd / Andrew JR Selmes)’s maximum liability under or in relation to these terms or the services offered to you, whether in contract, tort (including negligence) or statute shall be limited to the fees payable to it.
27. In no circumstances shall Berwyn Property Services Ltd / Andrew JR Selmes be liable to you for any
27.1. loss of profit;
27.2. loss of revenue;
27.3. loss of goodwill;
27.4. loss of contract; or
27.5. consequential or indirect loss or liability.
28. In no circumstances shall Berwyn Property Services Ltd / Andrew JR Selmes be responsible or liable for:
28.1. the acts or omissions of any person it recommends (including solicitors, financial advisers, builders and other contractors); or
28.2. any defects in title or defects (latent or otherwise) in any property;
28.3. any loss or liability incurred by the Investor arising out of any recommendation or information provided by (Berwyn Property Services Ltd / Andrew JR Selmes).
29. Berwyn Property Services Ltd / Andrew JR Selmes is not providing investment advice of any kind. It is your responsibility to ensure that you are happy with the investment potential of any property in which you wish to invest.
30. Until you reserve a property, there is no obligation to make any purchase.
31. Berwyn Property Services Ltd / Andrew JR Selmes does not guarantee or warrant that we will find any property or deal which meets your requirements.
32. Berwyn Property Services Ltd / Andrew JR Selmes does not guarantee or warrant that any deal will make any level of profit. It is your responsibility to satisfy yourself that the deal is profitable.
33. All forecasts, projections, views and recommendations are given honestly and in good faith but are not guaranteed or warranted to be true, complete or accurate.
34. All of the service providers (including solicitor, financial adviser, builder and other contractors) that may be recommended to you are believed to be competent and trustworthy but Berwyn Property Services Ltd / Andrew JR Selmes shall not be responsible if they are not or for any failure or defect in the services provided by any such person.
35. No third party shall have any right to enforce these terms.
36. If the deal does not proceed to completion for any reason, the parties shall bear their own costs and expenses.
37. If either party fails to make payment of any sum payable hereunder by the due date for payment, the other party shall be entitled to charge interest on such sum at a rate of 4% above the base rate of HSBC Plc from time to time, both before and after any judgment.
38. Nothing in these terms, and no action taken by the parties pursuant to these terms, shall constitute, or be deemed to constitute, a partnership between the parties, or shall constitute either party as the agent, employee or representative of the other. The parties are acting on their own account.
39. Notices under these terms shall be in writing and delivered personally to the address for each party notified to one another for the purpose. No failure or delay in the exercise of any right by a party shall constitute a waiver of that right. Neither party may assign any right or obligation under these terms.