|
|
 |
|
Home > Services > Residential & Agricultural Property > Terms & conditions
TERMS OF BUSINESS
Our aim at HBJ Gateley Wareing is to provide a service based on the expectations of quality that the discerning client has come to expect of his or her solicitors. We intend to deliver that quality in all matters relating to your property in a friendly and approachable manner. We believe that the best vehicle for delivering quality is for your transaction to be dealt with directly by one of our Conveyancing Partners, Ross MacKay or Alastair Shepherd. If they feel that your transaction would be best dealt with by one of their Assistants, this will be discussed with you.
Our Sale/Purchase/Estate Agency Services:
We provide a wide range of services in respect of sale and/or purchase transactions. These include:- - Initial advice on all matters relating to the proposed transaction
- Arranging Surveys or other Specialist Inspections
- Preparing and submitting offers on your behalf
- Negotiating and concluding the contract ("the missives"), examining title and either issuing a Report to you or where more appropriate, providing copies of relevant title deeds
- Dealing with your Lenders and preparing all necessary security documentation for them
- Arranging settlement of transaction and subsequent stamping and recording of the relevant titles
In addition we can provide a full Estate Agency service including:- - Inspection and pre-sale Valuation by our Property Manager
- Discussing and advising you on the marketing of your property
- Obtaining quality photographs of your property
- Preparing high specification Sales Particulars in accordance with your wishes
- Drafting and instructing Press Advertisements
- Registering Property with ESPC (or other Solicitors Property Centre)
- Supplying and arranging erection of "For Sale" Board where requested
- Dealing with enquiries and arranging viewing as necessary
- Fixing closing date, receiving offers and advising you on their terms.
You should note that if you wish to place Estate Agency business elsewhere we will of course be happy to provide a conveyancing service only.
You should note also that our responsibilities will not extend to advising of any tax implications of your transaction. Similarly we shall not be responsible for advice which is properly the remit of other professional advisers e.g. accountants or architects.
Offers
The Law Society of Scotland requires us to operate within a number of guidelines dealing with the submission and receipt of offers for property. These are to ensure that we, along with other Scottish solicitors, provide the highest quality of service. A number however of these guidelines do require to be brought to the attention of our clients. Namely:- - In residential property transactions solicitors have a professional duty to conclude missives (i.e. the contract of purchase and sale) without undue delay. If a solicitor for either buyer or seller is instructed to delay conclusion until some matter outwith the agents' control has been resolved (e.g. another house sale, funding arrangements or the like) the circumstances have to be disclosed to the other solicitors. Should instructions be given not to so disclose it may be that we would have to withdraw from acting.
- If having submitted an offer to buy and this is verbally accepted we cannot accept instructions to re-negotiate the price downwards without good reason e.g. unauthorised alterations, rot requiring specialist treatment etc.
- Where a selling client has instructed us to intimate a closing date for bids to other solicitors who have noted interest, but the selling client wishes to cancel the closing date and accept an offer submitted in advance of it, we are required to withdraw from acting unless the closing date is brought forward giving those who have noted an interest a reasonably opportunity to offer.
- If and when a closing date is fixed for bids the selling client should make themselves available to consider offers received wherever practical.
- After fixing a closing date if we are instructed to enter into negotiations with a view to concluding a bargain with a party that has submitted an offer at the closing date we will not be able to accept subsequent instructions to enter negotiations or accept an offer from another party unless or until negotiations with the original offerer have fallen through.
- Where acting for a prospective buyer and we submit an offer at a closing date and the offer is unsuccessful we cannot accept subsequent instructions to submit a revised offer unless expressly invited to do so by the seller's agents.
- Finally, please remember that noting an interest may not guarantee any purchasing client the opportunity to offer. That is always at the discretion of the seller.
Fee's and Outlays
Our fees are based on the provision of the above services calculated by reference to the time spent on the transaction and the level of skill and experience required to complete the task in hand. An estimate of the likely costs will always be made available on request. Any estimate that may be given will be a probable fee based on our experience of the work which you have asked us to do. It may be that in certain cases less work will be involved (for example due to a lack of any secured loan to a lender) and in such cases our fee will of course be restricted accordingly. On the other hand if a significant amount of extra work is involved in a transaction due to any unforeseen difficulties, for example dealing with unauthorised alterations, title problems and so forth the fee may have to be adjusted. You will of course be kept aware at all times of any such developments so that you are fully informed as to the position.
Please note that the fee does not include various outlays incurred by us on your behalf to third parties. For example in a purchase the typical outlays are survey fees, Stamp Duty and recording dues payable to Register House. On a sale you will have to make payment of ESPC insertion dues, press advertising, photography costs, Sales Particulars printing costs, delivery and installation of our For Sale Board, Property Enquiry Certificates and so forth. In either case there may also have to be charges for courier deliveries for urgent deliveries, or photocopy costs for exceptionally large drawings or plans.
Outlays are normally included in our Accounts on completion of the transactions but there are exceptions which you should note:- - Fees rendered by third parties such as Surveyors, Architects or other Specialists will be required from you as soon as invoices are received by us. Payment would be expected within fourteen days from the issue of the invoice to you.
- In the case of a purchase, we will require to be placed in funds in respect of the Stamp Duty Land Tax (if any) and registration dues payable to the Land Register at least 5 working days prior to the date fixed for your entry to the property. In terms of Law Society rules we are obliged to deposit cleared funds over £500 on interest bearing accounts.
- In connection with a sale you will be asked to reimburse us in respect of any advertising costs incurred by us within 14 days of intimation of the costs to you. We will also require reimbursement of any ESPC insertion dues at the initial stage of placing the property on the market for sale.
- You will of course be provided with detailed Cash Accounts after completion of the transaction. In the absence of any agreement to the contrary payment of any balance shown in our estimate of fees and outlays prepared prior to settlement would be expected no later than completion. In addition in the absence of prior agreement any available sale proceeds will be applied towards our Account in the first instance. If any sums remain outstanding after settlement, we ask for payment within 30 days of issue of accounts to you.
- Until such time as our fees and outlays are paid in full we reserve the right to exercise a lien over any papers or titles held by us.
We would also mention that if the work undertaken by us on your behalf does not lead to final completion for reasons outwith our control we reserve the right to charge a fee based on the actual time and effort spent on your behalf.
Stamp Duty Land Tax
As of December 2003 a new property tax was introduced known as Stamp Duty Land Tax. This is a replacement for what was formerly known as just Stamp Duty. However the paperwork and complications involved in the new tax are considerably greater than what was previously required. In particular it is now an essential requirement that prior to completion we hold a duly signed and completed tax return known as an SDLT1.
The form runs to some 6 pages and 71 sections. The guidance notes run to 37 pages! No purchase transaction can complete until the signed form is in our hands.
Because therefore of the importance of this form as also its complexity we would recommend that you authorise us to complete this on your behalf in order to ensure that there is minimum delay in its preparation. All we will require you to do is to simply sign the form and provide us with a few pieces of information at a later stage. Unless we hear from you to the contrary therefore we shall assume that we do have your authority as agents to process this form. We do also have to point out that because of this additional and reasonably substantial piece of work which falls outwith the strict remit of a conveyancing transaction we will have to make a small charge for the additional responsibility which will however not exceed the sum of £75 excluding VAT. Obviously however if you do wish to prepare the form yourself please let us know and we will arrange to forward it to you in due course.
We do have to emphasise however the SDLT1 is a tax return. There are therefore penalties for failing to complete the return or for submitting incorrect returns. In additional the Inland Revenue require you to keep a copy of the return for up to six years from the transaction and can enquire into returns generally for up to nine months after the filing date. We will of course either retain a copy on our own file and/or provide a copy to you. In addition the Revenue can demand access to the relevant documents e.g. our file or related papers. In effect however these provisions are no different from any other tax return. We will of course use our knowledge of the transaction to complete the form as far as we can reasonably do so but this will be in our capacity as agents only. The final responsibility will require to remain with you as taxpayer.
Conflict of Interest/Loans:
Where we are to act not just for a client but also (as is standard) for their lenders, we require to abide by the Conflict of Interest Rules enforced by the Law Society. This means that we have duties not just to the client but also the Bank or Building Society giving the loan. Normally, conflicts between the two rarely arise but if they do our firm policy is that we require to withdraw from acting for both parties. If you have any concerns in this regard, we shall be happy to clarify matters for you.
Your Responsibilities
It may be self-evident but please remember we will need to involve you throughout the transaction in order for us to facilitate matters to the best of our ability. For example, it will be important for you to: provide clear and timely instructions; return signed deeds promptly; advise us of any change in your contact details; or provide necessary documentation when required.
Method of Instruction:
Although we will act upon telephone instructions we would prefer if at all possible that confirmation of such verbal instructions is given as soon as possible thereafter by e-mail, fax or letter to avoid unnecessary misunderstandings. We will wherever possible confirm our understanding of any telephone instructions to you and it will be incumbent on you to correct any errors by return. If you have any change to instructions you must of course let us know immediately. In addition, please note that for security reasons we cannot accept verbal instructions to change or amend cheque payments.
E-Mail Communication:
Our firm has full internet access and all lawyers and support staff are able to send and receive e-mail. There are, however, a number of issues arising from this which require us to stipulate a number of conditions concerning its use.
The use of e-mail carries certain risks involving breach of confidentiality, transfer of virus infections and loss of messages. Notwithstanding this, however, you agree to the use of e-mail where appropriate for the exchange of correspondence and documents between us. We accept no responsibility, however, for any loss as a result of the use of e-mail between ourselves or third parties.
Use of e-mail, including the mere receipt of e-mail message with an attached file, may result in the transmission of computer virus infections. Although we take various measures to reduce this risk it is essential that you take your own necessary virus checking measures before you read or open files which are attached to e-mails which you receive from us.
We currently use Microsoft Word for Windows Software. Whilst we can send and receive documents in a number of other formats this may result in the layout of documents being changed in unpredictable ways. You should also bear in mind that e-mail messages and attachments may be read by others, for example, disclosure in court proceedings (subject to legal privilege) or in investigations by regulatory bodies.
Unless we hear from you to the contrary we shall assume that you agree to our use of e-mail (where possible) for the purpose of communicating messages, correspondence and documents to you and/or third parties in respect of your legal affairs.
Indemnity/Liability For Loss:
We carry professional indemnity insurance against negligence and separately contribute to the Law Society of Scotland Guarantee Fund against cases of fraud. We are of course authorised by the Law Society of Scotland to act as solicitors on your behalf.
Complains
We trust the above is self-explanatory but if you require any further details, or wish us to explain any of the points in more detail, please do not hesitate to contact the individual Partner primarily responsible for your transaction. Our aim will always be to deliver to you an efficient timely and effective service. All work which we carry out for you will be performed in accordance with our understanding of the proper interpretation of the law and in accordance with current professional standards. If, however, there is any aspect of our services with which you are not satisfied, please contact either Ross MacKay or Maggie Moodie our Client Relations Partner, in our Edinburgh office.
These terms and conditions, unless modified by any letter accompanying them, shall form the whole agreement between us and may be relied upon by either party.
Contact details:
|
|
|
|
