& CONDITIONS OF SALE
Bancroft Terms & Conditions of Sale
Trading with Bancroft Property Limited is subject to these Terms and Conditions. References to “we”, “us” and “our” are references to Bancroft Property Limited.
The terms “you”, “your” and “investor” refer to any individual, company, business or other legal entity (whether registered with us as an investor or not) to whom we provide our Services by any means including, but not limited to, email, telephone, face-to-face contact, postal correspondence or via our website bancroftproperty.co.uk or any other bancroftproperty.co.uk subdomain or related website operated by the group of Bancroft companies.
These Terms and Conditions (the “Terms”) govern the relationship between us and you and shall prevail and have priority regardless of the existence of any printed or other conditions or correspondence between us and you even if such conditions purport to take precedence. Please read these terms carefully. You have explicitly agreed to these Terms and Conditions as part of your online registration with us, with each and every property enquiry that you make with us and on any property purchase you make via us. Your attention is in particular drawn to the clause on Liability below.
We provide a non-advised property information service and a non-advised property sourcing service for property and property related goods and services in the UK and abroad referred to hereon as the “Service” or “Services”. We are a registered Estate Agent for this purpose and we are not the principal for any sale, nor do we have any financial interest in any property (other than receiving any sales commission due to us for any sales), unless this is disclosed to you prior to your purchase.
Your Registration With Us
The details that you provide at registration are important and must be complete and correct. You must immediately inform us of any changes to your information by sending an email to email@example.com or telephoning us on 0845 400 9000. If you do not keep us informed of any changes, we will be unable to keep you fully informed of current and future development information.
Information Provided by Us
We provide information about property investment opportunities, in the form of, but not limited to property particulars, market research, statistics, forecasts, reports, herein referred to as “Information”. We provide Information obtained from a number of third party sources including, but not limited to, developers, valuers, solicitors, estate agents and letting agents. Whilst we endeavour to provide accurate, up-to-date and complete Information we make no warranties or representations as to the accuracy, reliability or completeness or otherwise of the Information and assume no responsibility or liability for any omissions or errors contained in the Information and any Information provided by us cannot be relied upon and instead if you wish to rely upon it then we advise that you check and confirm it independently and/or have your professional advisers check it independently on your behalf.
Your Participation in Investment Opportunities
We will offer you opportunities for investment, by using email, our websites, post, telephone, or other appropriate means. We will endeavour to provide you with opportunities of a sound and reliable nature. We will speculate on the level of investment required, and the potential returns. This is based on our research and analysis, which may include the advice and guidance of qualified third parties (such as a RICS registered surveyors, accountants or solicitors). Due to the speculative nature of such opportunities the information we provide should be considered our ‘opinion’ and in no way imply we are providing advice of any kind and you are not our advised client in any matter or transaction.
Investors should carry out their own analysis and judgment of the investment being offered and to independently verify the Information and our speculative analysis through your own research or with the aid of your professional advisers. All data upon which you intend to rely should be verified by your solicitor. You are advised to carry out an independent legal and financial assessment of any opportunity offered to you, before making any commitment to participate. It is recommended that you use an independent solicitor for all transactions and we will often introduce some that are familiar with a particular property investment if required but without providing advice or accepting responsibility or liability and you are free to use any other solicitor of your choosing if you so wish. Please remember that the price and value of any investment and income can go down as well as up. Developments/property purchased off-plan and in construction have development risk and you should consider this and seek legal advice on the potential ways to protect your position in case a development fails or has problems prior to completion. If you make an investment you may get back less than the amount you originally invested. If you are in doubt about any investment decision that you are making then you should seek the advice of a suitably qualified person.
Mortgage products referred to in the website or other correspondence or discussions can be withdrawn by the lender for those products, or have rates or other terms changed, without notice and any reference to any mortgage products in any of our marketing collateral or other correspondence or discussions, whether printed, by email or verbal does not imply they are certain to be available in the future. Mortgages referred to may also have certain applicant or other restrictions and are for indicative purposes only although reasonable endeavours have been used to ensure that they are available at the time of publication and are applicable to a significant number of investors. Bancroft property accepts no liability for the withdrawal or change of terms of any mortgage product part way through your buying process. Bancroft Property Limited is not a mortgage broker and any reference to mortgage products, terms and rates are for example purposes only and may not be construed as an offer or a fundamental component of the investment opportunity that we are offering. please seek financial advice from an independent mortgage broker of your own choice or other independent mortgage brokers that we can suggest who can confirm the current availability of mortgage products and their terms. Any indication of a level of cash investment required for a property is purely an example and could vary significantly per investor or over time.
Valuation information provided by us from sources like Land Registry, Rightmove and other property price and rental data sources or from our own opinions are provided ‘as is’ and for information purposes only. RICS valuations carried out by us or on our behalf or via third parties are provided to you for information purposes and valuation opinions can vary between valuers and between dates. We cannot take any responsibility nor accept any liability for a valuer changing their opinion over time or a different valuer providing a different opinion.
Use of Our Services, Agents and Suppliers
“An opportunity or supplier introduced by us” means any investment opportunity which may include, but is not limited to land, property, apartments, homes and entire developments, whether constructed or not at the time of introduction, both in the UK and abroad, or supplier of these type of opportunities, including but not limited to developers, estate agents, or other intermediary agents, that have been researched, negotiated or procured by us and were not otherwise known to you at the time of the first introduction.
Any Fees directly payable by you to us for participation in investment opportunities introduced by us to you, vary per opportunity, but will always be disclosed to you on an Arrangement Fee agreement form and must be paid to us before you commit to participate in any such opportunity by way of a property reservation with the vendor. There may be marketing fees and /or costs and / or sales commissions payable to Bancroft Property Limited or another Bancroft sister company by the vendor/supplier and if this is the case then this may have replaced or otherwise partially offset greater charges that would otherwise have been made to you by us for our administration of your purchase. We are the agent for the vendor regardless of any charges that we may make to you for our administration or other services and we are not agent to you. Payment of your Arrangement Fee or signing of any of our reservation or other purchase paperwork confirms your acceptance of these Terms and the Arrangement Fee in total is for administering the reservation with the developer and then the after sales administration of taking you to the point of legal exchange. You confirm that the total purchase price and the total fees payable by you to us or any other party are acceptable to you, that you have made any enquiries you wish to make, have taken all third party advice that you wish to take and it is on this basis that you have assessed the suitability of the investment for your purposes in terms of the total acquisition price including all fees.
Once you have reserved a property, any exchange deposit or completion sum paid for a property should be paid via your solicitor and you should never pay us any sum other than the Fees payable by you to us as above. This system aims to protect both you, and us. We reserve the right to withdraw, or seek to have withdrawn, the opportunity for you to purchase a property if you fail to pay our Fees in full and at the appropriate time.
If you cancel a purchase with us and you have paid Fees to us then, subject to the Distance Selling Regulations and/or any waiver to those that you may have agreed to at the time of paying your Fees, we have no obligation to refund those Fees other than as explicitly agreed in the Finder’s or Arrangement Fee forms that you will have signed in relation to those Fees. We may, on a one off basis, permit the transfer of your Fees to another property that we have available at that time or in the future, however this is at our sole discretion on a case by case basis and you accept that it is not as a contractual obligation upon us to do so and if we agree to do this then we will provide reasonable endeavours to locate an alternative property investment within three months of the cancellation and if no suitable property is located within that time that you go on to agree to purchase then our obligations to you will cease at that time. Any such transfer of Fees as part or full settlement of Fees on a new property purchase by you will carry no refund for any balance or difference in fees.
If a vendor withdraws a property from sale for any reason, or the property becomes otherwise unavailable to purchase for any reason after you have reserved it and after you have paid us a Fee then this Fee is automatically transferable to another property of your choice that we have for sale (or may source specifically for you) and we will provide reasonable endeavours to locate an alternative property investment within twelve months of this unusual and unlikely event. If no suitable property is located within that time, that you go on to agree to purchase, then our obligations to you will cease at that time and we will not refund our Fees under any circumstances.
Unless otherwise agreed in writing by us, all fees are payable within 7 days from your commitment to purchase a property, usually in the form of a Reservation Fee and Finder’s / Arrangement Fee, which are quoted exclusive of VAT where applicable. These fees will usually be payable to the developer and Bancroft Property Limited respectively for the right to reserve a property and take it off the market for a period of time. Your finance broker or lender may also charge fees if you use finance to purchase a property as well as any other advisers that you use. This will be payable at the time of arranging finance.
You agree that we will be entitled to disclose the amount of any fees that we may charge you to a property vendor.
- If you, without notifying us, and within one year of the date an opportunity was originally introduced to you by us
- engage in any capacity directly with a supplier or developer originally introduced to you by us,
- or engage with a supplier or developer originally introduced to you by us over new opportunities,
- or if you or a member of your family or someone else known to you refers a supplier or developer originally introduced to you by us to another person, or body
- and that person or body engages in any capacity directly with that supplier or developer, then you will be liable to pay our Fees at the prevailing rate.
Third Parties Introduced to You by Us
We will endeavour to suggest solicitors, developers, mortgage brokers, furniture suppliers, letting agents and estate agents or other third parties (“Third Party” or “Third Parties”) of good calibre, who offer a service or product deemed to be of good quality and reasonable cost. However, we make no warranties or representations as to the reliability of the services provided by Third Parties and assume no responsibility or liability for their actions, omissions or errors. If you make any arrangements with a Third Party found on or via our website or suggested to you by us, it is at your sole risk and responsibility.
Descriptions of Property, Homes, Buildings, Locations or Developments
Particulars, specifications, pictures and artists impressions of any property, home, building, location or development are given in good faith and believed to be correct, but they do not form part of any offer or solicitation and are intended only as a general guide.
You acknowledge that developers reserve the right to alter plans, designs and specifications at any time without prior notice and that you have noted any disclaimers in our and their property particulars. We, therefore, will not be responsible for any such changes. All descriptions are intended only as a general guide and are not to be relied upon by you or other interested parties as a statement or representations of fact but you should satisfy yourself by inspection or otherwise. No warranties or representations are given that the contents of the website or information otherwise distributed will reflect the most recent plans, designs or specification. Any information provided that is important to you should be verified independently by your solicitor or other professional advisers.
Confidential Information means all information relating to current or prospective investment opportunities, our customers and prospective customers, current or projected financial or trading situations, business plans, business strategies, developments and all other information relating to our business affairs including any Information of a confidential nature imparted by us to you during the use of our Services. You undertake to us that in consideration of us making such information available to you:
i. all Confidential Information disclosed to you by or on behalf of us or which may at any time come into your knowledge, possession or control, shall be kept secret and confidential and shall not be used for any purpose other than that required or permitted for the use of our Services, and shall not be disclosed to any third party except insofar as this may be required for the proper use of our Services and then only under appropriate confidentiality provisions approved by us.
ii. you shall promptly notify us if any Confidential Information is required by law to be disclosed by you or any other person receiving it under or pursuant to these Terms and shall co-operate with us regarding the manner of such disclosure (but without prejudice to any obligation to comply with any legal requirement).
All design, copyright, trademarks and all other intellectual property rights in or relating to the website or information otherwise distributed by us, shall remain our property or, where applicable, are reproduced with the permission of the rights’ owner, such as content suppliers, Third Parties and/or users. On the website you may browse the contents, use any facilities and download a single copy of any material to the extent that it is expressly made available to you, but this is solely for your own personal use and you must not remove any copyright or trademark notices. You may not modify, reproduce, distribute, republish, display, post, transmit or sell any such material for any commercial or business purpose, without our prior permission or the permission of the rights’ owner.
You agree and acknowledge that to the extent permitted by law, and in view of the numerous sources from which we obtain the Information, the impracticality of verifying all of the sources. We are not authorised by the Financial Conduct Authority to provide investment or financial advice and do not provide that advice to you. By signing vendor reservation forms and/ or our Finders or Arrangement Fee agreements you acknowledge that we have not provided you with any financial or investment advice.
We are providing Information “as is”, on a “with all faults” basis and we make no representations or warranties of any kind with respect to the following non-exhaustive list:
We are not responsible for your ability to use the website or that it will be available in its current or any other format. We have no control over the Information that can be accessed through, downloaded from or uploaded to the website. We are not responsible or liable to you for any loss of content, or material that you upload or download or transmit through the website. We will not be responsible or liable to you or any third party for any Information, modification, suspension of or discontinuance of our Services.
It is your decision, where applicable, to use, post, submit, remove or alter information and material to us, or on, to or from the website and we are not responsible or liable for any loss or damage incurred by you or any third party as a result of your doing or failing to do the same. We exclude all liability of any kind including invasion of privacy, defamation, or negligence.
The following provisions set out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from these Terms. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
Subject to the above;
our total liability in contract, (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to the Finders or Arrangement Fee paid by you, and
Suspension or Cancellation of Service
We reserve the right to cancel your access to our Services any time. We may suspend, restrict, reduce or cancel your access immediately if you breach or appear likely to breach any of these terms. You may cancel your registration at any time by writing to us, or emailing us. Upon cancellation you will become liable to pay any outstanding fees, monies or costs owed to us immediately.
Amendments to these Terms
We reserve the right to change these Terms from time to time and it is your responsibility to review these terms regularly. We will give you 7 days notice by either posting an update notice on the website or sending you either postal notification or an email. If you do not want to accept any changes to our Terms you must inform us immediately of your intention or objection by writing to us or emailing us within 7 days of those changes, otherwise you will be deemed to have accepted such new terms.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
No waiver by us of any breach of the Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
These Terms constitute the entire agreement between you and us, supersede any previous agreement or understanding and may not be varied except in writing between us. All other Terms and Conditions, expressed or implied by statute or otherwise, are excluded to the fullest extent permitted by law and no communication from any staff member may change these Terms.
Any notice to be given under these Terms by either party to the other must be given in writing, in English, and shall be deemed to be served:
We will respect your personal information and comply with all applicable UK Data Protection legislation and rules currently in force. We will use any information provided by you to us to constantly monitor and improve our services to you and for marketing purposes. We may also use such information to send specific correspondence which, in our opinion, may be of interest to you.
Third Party Rights
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms, but this does not affect any remedy or right of any third party, which exists or is available apart from that Act.
These Terms shall be governed by and construed in accordance with the laws of England and Wales and all disputes arising in connection with them shall be submitted to the exclusive jurisdiction of the English Courts.