To reserve a “Property” with Invest In Buy To Let,it is on a first-come, first served basis as Invest In Buy To Let cannot guarantee the availability of any specific plot until reservation is paid to the Vendor. The reservation fee is usually paid to the vendor. The arrangement fee is paid to PropertyResearchCompany.com Ltd to find a property, negotiate the price and ensure that it is deliverable at a certain price point.
In the event that the Purchaser(s) does not proceed with the purchase of the subject Property, the Reservation Fee and Arrangement Fee are NON REFUNDABLE.
These Terms and Conditions (the “Terms”) shall govern the relationship between Invest In Buy To Let and The Purchaser(s) and shall prevail despite any representations made and/or the existence of any printed or other conditions even if such conditions purport to take precedence. Where there is more than one Purchaser of the Property, the liability under this agreement is joint and several.
1. The Purchaser(s) understands that Invest In Buy To Let provides a procurement service for property and property related goods and services in the UK and abroad (the “Service” or “Services).
2. The Purchaser(s) confirms that he/she wishes to purchase a Property and agrees to pay the Reservation Fee & Arrangement Fee immediately on reservation.
3. The Purchaser(s) confirms that he/she understands the Reservation Procedure and agrees to the terms and conditions therein.
4. The Purchaser(s) understands that Invest In Buy To Let acts as an agent for the Developer/Vendor of the Property and may collect the Reservation Fee on behalf of the Developer/Vendor and forward it to the Developer/Vendor, which reserves the Property until purchase contracts are exchanged.
5. The Purchaser(s) understands that the Reservation Fee is a non-refundable deposit to reserve the Property and is deducted from the balance owing at exchange of contracts of sale for the Property. The Purchaser(s) further understands that should he/she not enter into a binding contract to purchase the Property, the whole sum of the Reservation Fee will be retained by the Developer/Vendor, and the Purchaser(s) may also be charged an additional cancellation fee by Invest In Buy To Let of £500.00 (incl. VAT).
6. The Purchaser(s) understands that reservation is on a first-come, first-served basis and should the requested plot above be unavailable and no other property be suitable for his/her needs at the point of reservation, Invest In Buy To Let will refund the Reservation Fee.
7. In the event that Invest In Buy To Let is charging The Purchaser(s) an Arrangement Fee, the Purchaser(s) understands that this is a non-refundable fee, which is a finders fee in respect of negotiating the availability and/or discounts and/or incentives on behalf of The Purchaser(s). If this fee is not received by Invest In Buy To Let within 3 days of reservation, then Invest In Buy To Let may, at its discretion and without further notice, re-offer the Property to other purchasers, and the Reservation Fee will be deemed non-refundable.
8. The Purchaser(s) understands that payment of the Reservation Fee and Arrangement Fee (where applicable) reserves the Property for a maximum of 28 days from the date of reservation, when he/she is required to exchange contracts for the purchase of the Property. The Purchaser(s) understands that, if he/she has not exchanged contracts for the purchase of the Property within this time both Invest In Buy To Let and/or the Developer/Vendor reserve the right to withdraw the Property and re-offer it on the open market. In this event, the Reservation Fee and Arrangement Fee are deemed non-refundable, and The Purchaser(s) may also be charged an additional cancellation fee of £500.00 (incl. VAT) by Invest In Buy To Let. In the event, that The Purchaser(s) has not exchanged contracts within the 28 days, but is making fair and reasonable progress, he/she may be given a reasonable extension of time in which to exchange, subject to agreement by the Developer/Vendor. The Purchase of the Property is subject to contract and Invest In Buy To Let is not acting for the Developer/Vendor.
9. Should The Purchaser(s), within two weeks of reservation, delay or take no action towards exchange of contracts (such as not progressing with their solicitor and/or mortgage broker) both Invest In Buy To Let and/or the Developer/Vendor will assume that he/she no longer wishes to proceed with the purchase, and both Invest In Buy To Let and/or the Developer/Vendor reserves the right to withdraw the offer. In this event, all fees paid are deemed non-refundable, and The Purchaser(s) may be charged an additional cancellation fee of £500.00 (incl. VAT) by Invest In Buy To Let.
10. In the event that the Developer/Vendor is responsible for failure to exchange contracts (other than when exercising the right to withdraw due to reasons in clauses 8 and 9 above), the Reservation Fee may be refunded by Invest In BUy To Let, subject to Invest In Buy To Let having first received a refund from the Developer/Vendor. Should the Purchaser(s) have also paid to Invest In Buy To Let an Arrangement Fees, this fee will be transferred to the purchase of another suitable property or kept on account until a suitable property is found.
11. This agreement is not intended to be a contract for the sale of the Property, and is not to be construed as such. The contract of sale will contain terms to be agreed other than those set out in this document. In the event that the purchase of the Property is not completed for any reason, the Purchaser(s) agrees that Invest In Buy To Let shall have no liability whatsoever to The Purchaser(s) or any third party in respect thereof.
12. The Purchaser(s) understands that at exchange of contracts, further payments are to be made including the deposit required by the Developer/Vendor. The Purchaser(s) understands that the deposit to exchange is payable to the appointed solicitor and not to Invest In Buy To Let.
13. The Purchaser(s) understands that it is solely his/her responsibility to arrange mortgage finance through a third party and Invest In Buy To Let cannot guarantee that a mortgage will be offered at any stage during the purchase transaction. The Purchaser(s) understands that a mortgage offer is dependent on his/her financial circumstances at the time of application and subject to status. The Purchaser(s) also understands that his/her Property is at risk if he/she does not keep up repayments on a mortgage or other loan secured on it.
14. Should The Purchaser(s) have any concerns about his/her ability to obtain a mortgage for the Property, he/she should first obtain independent financial advice or a decision in principle through a mortgage broker before reserving the Property.
15. Should The Purchaser(s) require a mortgage offer for the Property before exchange of contracts, he/she should endeavour to have the mortgage offer in place no later than 3 weeks from the date of reservation to meet the 28-day exchange deadline in clause 8 above.
16. Should The Purchaser(s) choose to exchange contracts with the Developer/Vendor without having obtained a formal mortgage offer or if mortgage funds are not available for any reason, he/she understands that he/she may be required to settle in cash on completion or forfeit any deposits paid.
17. The Purchaser(s) understands that it is solely his/her responsibility to notify the mortgage lender of any incentives related to the purchase of the Property and shall indemnify Invest In Buy To Let for all or any claims of losses if the Purchaser(s) fails to do so.
18. The Purchaser(s) shall indemnify Invest In Buy To Let against any claims, costs and expenses which Invest In Buy To Let may incur and which arise directly or indirectly from the Purchaser’s breach of any of its obligation under these Terms and Conditions.
19. The Purchaser(s) acknowledges that Invest In Buy To Let may receive a commission payment from the Developer/Vendor upon exchange and/or completion of the purchase of the Property and may retain the whole of any such commission payment.
20. The Purchaser(s) shall not be entitled to assign its right or obligations or delegate his/her duties under these Terms & Conditions without the prior written consent of Invest In Buy To Let.
21. The Purchaser(s) understands, accepts and agrees with the following:
a) Neither Invest In Buy To Let, nor any of its partners, employees or representatives will be liable for damages arising out of or in connection with the use of information provided on any document or marketing material. Invest In Buy To Let is not responsible for any errors or omissions, whether due directly to its staff or to its sources of information, nor is it liable, directly or indirectly, from any loss whatsoever that may arise from them
b) Neither Invest In Buy To Let, nor any of its partners, employees or representatives will be held responsible for any transactions deemed to be unprofitable to The Purchaser(s) for any reason.
c) Whilst reasonable efforts are taken to ensure proposed opportunities have positive investment criteria, Invest In Buy To Let requires that The Purchaser(s) makes his/her own judgement upon the Property being offered and to independently verify the information by inspection or otherwise, and to confirm in his/her own opinion that the Property is suitable for requirements. Invest In Buy To Let advises The Purchaser(s) to carry out an independent legal and financial assessment of any opportunity offered, prior to reserving any property and also to instruct a surveyor to inspect the Property.
d) Property Misdescriptions Act 1991
Whilst Invest In Buy To Let does its utmost to verify the contents of any printed or electronic formatted document, it has no authority to make or give any representations or warranties in relation to any property. In accordance with the Property Misdescriptions Act 1991, the details contained in the sales and marketing material provided, both online and offline, are intended for guidance only and do not form part of any offer or contract. Invest In Buy To Let has prepared all sales particulars in good faith for general guidance purposes only. They do not form or constitute any part of an offer or contract. Particulars described in all sales and marketing material should not be relied upon as accurately describing any specific matters. Invest In Buy To Let makes no express or implied warranties or representations as to the accuracy of the information. Tables, projections and profit forecasts are for illustrative purposes. Any photographs, illustrations, plans and sizes, only give a general indication of the proposed development and are not necessarily comprehensive. All purchase price values are believed to be correct at time of going to press, but may be affected without notice from the Developer/Vendor. The Purchaser(s) should not rely upon the particulars described in any information provided, but must satisfy him/herself by inspection or otherwise as to the correctness of each of them. They should not be relied upon when purchasing carpets and other fixtures and fittings. The Developer/Vendor operates a policy of continuous development and features, specifications and external treatments may vary. The Developer/Vendor reserves the right to alter any part of the development. Any particulars or plans provided were prepared from preliminary plans and specifications before completion of the properties and are intended only as a guide. They may have been changed during construction or finishes could vary. The Purchaser(s) should not rely on the particulars provided, but have his/her solicitor check the plans and specification attached to the purchase contract. Lease details, service charges and ground rent (where applicable) are given as a guide only and should be checked and confirmed by The Purchaser‘s solicitor prior to exchange of contracts.The details contained in this brochure are for guidance only. Invest In Buy To Let has not carried out a structural survey on the Property and any services, appliances or specific fittings mentioned in marketing material have not been tested. The Purchaser(s) should not assume that the Property has all necessary planning, building regulation or other consents and Invest In Buy To Let has not tested any services, equipment or facilities.
e) Invest In Buy To Let makes no express or implied income claims. The price and value of any property and income can decrease as well as increase, and the return on the Property may be less than that originally invested. Rental income achieved may not always match that predicted, nor cover the monthly mortgage payments.
f) Completion dates are set by the Developer/Vendor and are provided as an estimate only. Invest In Buy To Let cannot be held responsible for any delays to exchange or completion.
g) Invest In Buy To Let is not a financial advisor or mortgage broker, nor is it providing financial advice under regulation by the Financial Services Authority. Neither is Invest In Buy To Let a licensed investment advisor or planner or a licensed estate agent. All investment information provided has been obtained solely from our own experience as an investor and is provided as general information only. The Purchaser(s) should not rely solely on the information as it does not purport to be comprehensive or to render specific advice. As such it is not intended for use as a source of investment advice. Invest In Buy To Let recommends that, before making any decisions based on the information provided, The Purchaser(s) should consult with the specialist advisors or take independent legal and financial advice. Invest In Buy To Let cannot be held responsible for the financial and legal advice provided by a mortgage broker or solicitor.
h) Mortgage applications are subject to individual status of The Purchaser(s) and Invest In Buy To Let cannot make any guarantees that any particular applicant will obtain a mortgage on the Property or the value of the mortgage he/she will be able to obtain.
i) A solicitor from the Invest In Buy To Let panel can be used by The Purchaser for all purchases. The Purchaser(s) is liable for his/her own solicitor’s fees, which may be agreed at the outset.
j) The Purchaser(s) is in all circumstances responsible for his/her own legal/mortgage broker fees including Stamp Duty Land Tax, search fees, conveyancing fees, mortgage broker fees, valuation fees, lender related fees (as well as other miscellaneous charges such as land registry fees, government tax form fee, ground rent and service charge) unless otherwise stated in writing.
k) The Purchaser(s) is recommended by Invest In Buy To Let to visit the Property before exchange and as soon as possible after completion, to ensure all building works are complete. It is common for there to be small “snagging” issues in new-build property and The Purchaser(s) should contact the Developer/Vendor directly to remedy any snagging at the Property. The Purchaser(s) acknowledges that Invest In Buy To Let cannot be held responsible for the specific performance of the Developer/Vendor.
l) Invest In Buy To Let endeavours to introduce solicitors, mortgage brokers, lettings agents, furniture suppliers, and/or other third party suppliers (“Third Parties”) of good calibre, who offer a service or product deemed to be of good quality and reasonable cost. However, Invest In Buy To Let makes no warranties or representations as to the reliability of the services provided by Third Parties and assumes no responsibility or liability for their actions, omissions or errors. Should The Purchaser(s) make any arrangements with any Third Parties found on or via the Invest In Buy To Let website or recommended directly by Invest In Buy To Let, it is solely at his/her risk and responsibility.
m) All design, copyright, trade marks and all other intellectual property rights relating to Invest In Buy To Let’s website or other information provided by Invest In Buy To Let remains the property of Invest In Buy To Let. The Purchaser(s) understands that he/she may browse the contents, use any facilities and download a single copy of material made available on the Invest In Buy To Let website. All material provided is solely for the personal use of The Purchaser(s). The Purchaser(s) agrees not to modify, reproduce, distribute, republish, display, post, transmit or sell any such material for any commercial or business purpose, without the prior written permission of an authorised representative of Invest In Buy To Let.
22. The Purchaser(s) agrees to full confidentiality regarding the details of the Property and avoids any interference in the same site by any other people or purchasers.
23. The Purchaser(s) agrees not to approach the Developer/Vendor (or other Agent for the Developer/Vendor) of the Property and attempt to purchase the Property or any other property on their own behalf for the purposes of avoiding payment of the Invest In Buy To Let Arrangement Fee. If Invest In Buy To Let has evidence or can demonstrate that The Purchaser(s) has entered into a separate agreement/arrangement with the Vendor to purchase the Property or any other property then The Purchaser(s) acknowledges that he/she is liable to pay immediately to Invest In Buy To Let the Arrangement Fee at the prevailing rate.
24. The Purchaser(s) understands that if, he or she refers an opportunity introduced by Invest In Buy To Let to another person or body and that person or body engages in any capacity directly with the Developer/Vendor of the opportunity then The Purchaser(s) is liable to pay the Invest In Buy To Let Arrangement Fee at the prevailing rate.
25. The Purchaser will comply with all money laundering requirements as notified by Invest In Buy To Let at any time.
Before reserving any property through Invest In Buy To Let, The Purchaser(s) confirms that he/she has read, agrees and accepts these Terms and Conditions. Any property reservations made by The Purchaser(s) in the future will be subject to these Terms and Conditions, and any others, which may apply from time to time. These terms are legally binding and The Purchaser(s) is advised to take independent legal advice.
Invest In Buy To Let is not a regulated or licensed investment or financial advisor. All information provided is intended as general information regarding our property services.