Monday 09 December 2013
Conveyancing Referrals - terms and conditions
Legalbrokers.co.uk is a referral website enabling our users to find domestic Conveyancing services from Solicitors in England & Wales. Additionally we offer further Legal Services and other property related services. Please note that, due to the differences in the legal system applicable, we do not deal with Conveyancing in Scotland .
By using this website there are certain terms and conditions that apply. If you are not in agreement with these terms and conditions, or if you are under 18 years of age, please do not use our website. These conditions do not affect your statutory rights.
1. If you elect to use this website for your conveyancing, these are our obligations to you:
1.1 We will allocate a solicitors' firm to carry out your Conveyancing. The solicitor's or conveyancing firms we allocate will be your conveyancers and you will be their client and the relationship will be subject to the protection afforded by the rules and procedures of the Law Society of England and Wales or the Council of Licenced Conveyancers. The firms we allocate to carry out your Conveyancing:
a. will be registered with the Law Society of England & Wales as being entitled to practise law within the jurisdiction of England & Wales or will be registered with the Council of Licenced Conveyancers.
b. will have at least £1 million pounds of Professional Liability Insurance in case something goes wrong.
2. Exceptions to fixed legal fees
The legal fees quoted on this website apply only to standard conveyancing work. They not apply to legal work which may be required beyond the usual conveyancing services. For example, dealing with defective title or tenants in the property will not be covered under the standard quote.
3. Fees payable to other parties
We do not control payments to third parties (disbursements) such as Value Added Tax, Stamp Duty, Land Registry fees, fees for searches and so on. Consequently we cannot guarantee that such payments will not rise or fall in accordance with government policy.
4. Buyers or sellers situated outside England & Wales
The legal fees quoted include standard postage and telephone costs within England & Wales . If you are situated outside England & Wales postage and telephone costs will be added to your bill.
Subject to paragraphs 5.1 and 5.1 you have the right to cancel the conveyancing service, for any reason, at any time up to Exchange.
5.1 At the discretion of the Practice the maximum amount you can be charged upto Exchange is £50.00 + VAT. You will also have to pay any money which has been spent on your behalf such as search fees.
6. Search & SDLT Fee
If the Solicitor is able to source your Search at a lower rate than the £150.00 listed, at the solicitors discretion, they can use the surplus funds in order to complete the SDLT (Stamp Duty Land Tax) forms on your behalf.
Law and Jurisdiction
Your use of this site and its contents will be governed by the laws of England and Wales and you submit to the exclusive jurisdiction of the courts of England in respect of any legal disputes relating to this Agreement.
Solicitors Referal Code
Legal Brokers Ltd complies with the Solicitors' Introduction and Referral Code published by the Law Society. The solicitors on our panel are independent professionals from whom you will receive impartial and confidential advice. You are free to choose another solicitor.
As amended by the Solicitors Introduction & Referral Code Amendment (1992) The Law Society allows solicitors to make agreements with their introducing sources for referral cases. Such agreements must comply with a code known as the Solicitors Introduction & Referral Code. The Code contains strict rules which are designed to safeguard your interests as the customer. Legal Brokers Ltd, and the solicitors on our panel, have a formal agreement under the Solicitors Introduction and Referral Code. The company charges each of the solicitors upto £3.90 + VAT per enquiry........
a. We or parties acting on our behalf must store, host, transfer and otherwise process your information in order to refer your request for Conveyancing Services to a Referral Solicitor. You explicitly consent to us handling your personal information, which you have provided for delivery to one or more Referral Solicitors. We shall do our best to ensure that the Referral Solicitors also take adequate security measures in relation to your information. You also consent to us handling the information contained within the PROGRESS REPORT for the purpose of providing you with real time access to that information. If you want to see an example of a PROGRESS REPORT
you can click here.
b. Some of the personal information that you supply might include sensitive information. You explicitly consent to the processing and/or handling by us and/or any Referral Solicitors for the purposes of this Agreement of all sensitive information supplied by you. You accept that we can monitor the progress of your conveyancing via the Online management system.
HIPs & Searches - terms and conditions.
In these Conditions:
(i) "the Company" means Legal Brokers Ltd;
(ii) "the Conditions" means the terms and conditions set out in this document;
(iii) "the Contract" means the contract for the provision of Services by the Company to the Customer to which these Conditions apply;
(iv) "the Customer" means the person, firm or company placing the order for Services with the Company;
(v) "Services" means any property search and/or title search or other related services that the Company is to supply to the Customer under the Contract;
(vi) "Website" means the Company's website, currently at www.legalbrokers.co.uk and or www.hipcounter.com from time to time.
Services rendered are deemed to have been instructed or ordered by the Customer and the Customer shall be treated by the Company as the party responsible for payment, unless otherwise agreed between the parties.
If the Customer is not the person undertaking the transaction in relation to the property that is the subject of the Services but is ordering the Services, directly or indirectly, for such person, the Customer agrees to ensure that a copy of the full report provided as part of the Services is provided to such person before the said transaction is entered into.
3. PRIORITY OF CONDITIONS AND OTHER AGREEMENT
(a) Subject to paragraph (b) below, the Conditions shall be incorporated into each contract between the Company and the Customer relating to the provision of Services to the exclusion of any other terms and conditions.
(b) If at the time the Customer places its order for the Services, the Customer and the Company have in place between them a written agreement signed by both parties relating to the supply of services, which include the Services, by the Company to the Customer, then in relation to the provision of the Services, the terms of that agreement shall prevail over these Conditions to the extent that there is any inconsistency.
Unless otherwise agreed between the parties, the price for the Services are as quoted in the Company's Price List . However, the Company reserves the right to revise prices at any time prior to delivery of the Services. All prices quoted are exclusive of value added tax, sales taxes and duties except where they are specifically stated as including the same.
5. TERMS OF PAYMENT
(a) Unless the Company has set up an account facility for the Customer, in which case payment terms are agreed with the Customer in respect of that facility, payment is due on the date when the Customer orders the Services and should be made in full on such date.
(b) The Company reserves the right to revise these payment terms upon written notice to the Customer.
(c) If payment is not received by the due date the Company reserves the right to retain any reports prepared for the Customer as part of the Services until such time as full payment is received by the Company.
(d) The Company shall be entitled to charge the Customer interest on all sums not paid by the due date at the rate of 4% above the Bank of Scotland plc base rate from time to time until the date upon which full payment is received.
No variation or amendment to these Conditions shall be valid unless stated in writing and signed by a duly authorised representative of each party.
7. INSOLVENCY OF CUSTOMER
If the Customer has a receiver, administrative receiver, liquidator, provisional liquidator, administrator (or any equivalent) appointed over all or any of its assets or (being an individual or firm) becomes bankrupt or compounds with its creditors or otherwise becomes insolvent or is the subject of a winding up petition or goes into liquidation (otherwise than on a voluntary and solvent basis for the purpose of amalgamation or reconstruction), then without prejudice to any other right or remedy available to the Company:
(i) the full price for the Services supplied shall be payable immediately notwithstanding any previous arrangement or agreement to the contrary;
(ii) the Company shall have the right to a lien over any reports prepared for the Customer as part of the Services; and
(iii) the Company shall be entitled at its option to cancel, and/or suspend the Contract.
If the Customer is in breach of any of the terms of the Contract, the Company may cancel and/or suspend the Contract forthwith, on notice to the Customer to that effect.
Neither party shall without prior written consent of the other party, assign, transfer, charge or deal in any other manner with the Contract or its rights hereunder or part thereof, or purport to do any of the same, or sub contract any or all of its obligations under the Contract, EXCEPT THAT the Company may assign, transfer, charge or deal in any other manner with the Contract or its right hereunder or part thereof or purport to do any of the same or sub-contract any or all of its obligations to any other company in the OneSearch Direct group being any subsidiary and/or holding company (or any subsidiary of such holding company) within the meaning of section 736 of the Companies Act 1985 as amended.
10. FORCE MAJEURE
The Company shall not be liable to the Customer for any loss or damage whatsoever caused by delay in the performance or the non-performance of any obligation of the Company in relation to the Services where such delay or non-performance is due to any cause beyond the Company's reasonable control including: Act of God, explosion, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, failures to act, restrictions, prohibitions or enactments of any kind on the part of a local authority or a body responsible for the maintenance of records, including the Registers of Scotland, Scottish Record Office, HM Registry and Companies House; import or export regulations or embargoes, strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the party in question or another); power failure or breakdown in machinery; acts or omissions of the Customer. Should any such event occur, the Company may, at its option, cancel or suspend the Contract (or do both) without incurring any liability whatsoever for any loss or damage thereby occasioned.
Notwithstanding delivery of the Services, title to reports forming part of the Services shall remain with the Company and shall not pass to the Customer until such time as payment for the Services is made in full to the Company. Until full payment is made the Customer shall have no right to use and/or to rely upon the data comprised in such reports.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these Conditions shall not be affected.
13. COMPANY WARRANTY
13.1. The Company provides a Comprehensive Warranty on the terms specified in the statement of Comprehensive Warranty on the Website from time to time. Such Comprehensive Warranty shall, unless otherwise agreed in writing, form part of the Contract between the Customer and the Company.
13.2. Except for the said Comprehensive Warranty, no warranties, conditions, representations or undertakings are given in or under the Contract by the Company as to the quality or accuracy or suitability or fitness for purpose of the reports provided hereunder and any such warranties, conditions, representations or undertakings which may otherwise have been implied by law, statute or otherwise into this Contract are hereby expressly excluded to the fullest extent permitted by law.
Without prejudice to any rights the Customer or other person may have under the Comprehensive Warranty, the Company shall not be liable for any claim by the Customer (or any other person) arising out of or in connection with the Services or the Contract (whether based on breach of contract, negligence or otherwise howsoever) for (a) loss of profit or loss of future revenues, (whether direct or indirect); or (b) remote, indirect or consequential loss.
Without prejudice to the foregoing the Company's liability under the Comprehensive Warranty shall be limited as set out in the Comprehensive Warranty.
The provision of this Clause 14 shall not apply to limit the liability of the Company in respect of any death or personal injury caused as a result of the Company's negligence or for fraud.
15. DATA OWNERSHIP/USE OF DATA
15.1. The Customer confirms that the Company shall acquire, and shall be entitled to exploit as owner for its own use and purposes, without any further licences or other permissions, any data, including "personal data" within the meaning of the Data Protection Act 1998, provided or made available by the Customer to the Company pursuant to or in connection with the Contract and that the Customer has obtained all necessary rights from third parties to enable it to give such confirmation.
15.2. In respect of each report provided under the Contract, the Company licences the Customer to use such report and to pass such report to others to use, in its entirety, in connection with the property transaction for which it was requested. The Customer shall not be entitled to use any such report for any other purpose or provide it to any third party for any other purpose. The Customer shall not be entitled to modify or amend, nor make derivative works from, any such report. The Customer shall not extract or copy any parts of the data contained in such report nor use, sell, transfer, distribute or publish such extracted data for any purpose whatsoever.
Headings used in the Contract are for reference purposes only and shall not be deemed to be or construed to be part of the Contract.
17. PROPER LAW
These Conditions shall be governed by the law of England and the parties hereto submit to the non-exclusive jurisdiction of the English Courts in respect of all disputes arising herefrom or in connection herewith.
If you have any queries or complaints relating to this website you may contact Legal Brokers Ltd via our Registered Office at:
1 Ashworth Terrace
If you would like to review the terms & conditions implicit within the other services offered via this website please contact us seperately.