Terms & Conditions

Sales

1. The definitions and rules of interpretation in this clause apply in these terms and conditions:

• Dunnell Estates: means Dunnell Estates Limited, a company incorporated in England and Wales (company number 12457581) whose registered office is at The Mill, South Hall Street, Salford, Greater Manchester, M5 4JH.
• You: means the person, firm or company who engages the services of Dunnell Estates to search for and identify properties and Your shall be construed accordingly.

2. You are under no obligation to purchase property through Dunnell Estates. However, You authorise Dunnell Estates to contact You when suitable property opportunities arise.
3. A non-refundable finder’s fee of 2% + VAT of the purchase price is payable to Dunnell Estates on reservation of a property, although it may also exceed this amount. The minimum finder’s fee chargeable is £2000 + VAT unless otherwise stated. You acknowledge and agree that the finder’s fee is the commission You have to pay to Dunnell Estates for sourcing the property.
4. Should You exchange contracts or enter into a legally binding agreement for the purchase of a property introduced to You by Dunnell Estates within one year of the said introduction, You shall pay Dunnell Estates an introduction fee of 2% + VAT of the purchase price of the property. For the purposes of this clause, “introduced to You by Dunnell Estates” means being verbally informed of, or receiving a brochure via emailing informing you of, the property in question.
5. You shall:

• Not contact a developer, vendor or any of its agent regarding a property You have been offered by Dunnell Estates other than to confirm specific information such as floor plans, sizes and specifications etc and only with prior written authorisation from Dunnell Estates; and
• In accordance with anti money laundering regulations, supply photographic identification, proof of address and proof of funds to Dunnell Estates, Your solicitors and Your mortgage brokers immediately after reservation of a property.
• Acknowledge and accept that a property may be withdrawn from the market at any time.

6. A fully-refundable up-front commitment deposit of £250 is payable to Dunnell Estates by the investor immediately upon signing and returning the Sourcing Fee Agreement. This fee will be deducted from the finder’s fee of the first property that is purchased by that investor through Dunnell Estates.
7. You acknowledge and agree that :

• All information sent to You by Dunnell Estates is private and confidential and should not be discussed with any third party unrelated to the agreement between You and Dunnell Estates;
• Not all the properties introduced by Dunnell Estates will match Your requirements in every respect;
• A property may be withdrawn from the market before You receive details of it from Dunnell Estates;
• The details contained and any information provided to You are for guidance only. Any photographs, floor plans, sizes and specification are subject to changes and only give a general indication of a property. The Market Value of the property is an estimated value. It is based on  comparable properties for sale or sold in the area as well as local agents’ opinion(s).
• You shall satisfy yourself as to the correctness of any information provided by Dunnell Estates before purchasing a property;
• The seller may withdraw from the sale or change the price of a property at any time;
• Dunnell Estates does not offers any legal, surveying, financial, tax, accounting or other specialist advice;
• Dunnell Estates have recommended that You take appropriate legal and other advice and to use the services of solicitors, surveyors, valuers, financial advisers and other specialists, for whose fees You are solely responsible;
• The choice of property is Your responsibility;
• You should declare all the incentives You are to receive or have received in connection to the purchase of a property to your mortgage lender. You acknowledge and understand that a lender might reduce the amount You can borrow based on the incentives You are to receive or have received; and
• You are required to exchange contracts within 6 weeks of your solicitors receiving contracts unless otherwise stated. This requirement applies to the Buyer only. Failure to do so could result in the vendor withdrawing a property. We cannot foresee any delays that may be caused by the Vendor,  however, both sides are required to act promptly, avoiding any delays during conveyancing. Any delays on either side should be justified, and the reason for it to be communicated immediately to Dunnell Estates at all times.
• You must instruct a mortgage broker and provide Dunnell Estates with your mortgage broker details. Failure to do so could delay the property transaction and could result in the vendor pulling out of the sale entirely.
• You understand that Dunnell Estates might receive a referral fee from our panel of recommended brokers & solicitors.

8. Payments of any fees or incentives by Dunnell Estates can take up to 10 days to reach Your bank account from the date of completion of the purchase of a property. Should You require a same day payment on the date of completion, You should inform Dunnell Estates in writing prior to the date of completion enclosing a non-refundable fee of £20.
9. Dunnell Estates shall endeavour to ensure that all information passed to You about any property is accurate and does not mislead. However, Dunnell Estates are not responsible for the accuracy of any information provided to Dunnell Estates  by the sellers of properties or their agents or for the accuracy of any entry in any public register, and shall not be liable for any loss or damage resulting from the inaccuracy of any such information. Dunnell Estates shall use reasonable endeavours to highlight any material inaccuracies of which it or they are aware, but shall not verify any information provided to it or them unless instructed by You to do so.
10. Dunnell Estates gives notice and You acknowledge that, in respect of any particulars of a property provided to You

• The particulars do not constitute any part of an offer or a contract;
• All statements made in the particulars are made without responsibility on the part of Dunnell Estates or the seller;
• None of the statements contained in the particulars are to be relied on as a statement or representation of fact;
• The seller does not make or give, and neither Dunnell Estates nor any person in its or their employment has any authority to make or give, any representation or warranty whatsoever in relation to the property.

11. While Dunnell Estates makes every endeavour to recommend only reliable and reputable providers of such services as finance, legal, surveying or any other associated services, Dunnell Estates shall not be held responsible or liable for any loss or damage resulting from such recommendations. All contracts for such services shall be between You and the service provider in question, and Dunnell Estates shall not be liable for any loss or damage arising from such contracts.
12. Except in the case of death or personal injury caused by Dunnell Estate’s negligence, the liability of Dunnell Estates under or in connection with these terms and conditions whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the fees paid or due to be paid by You to Dunnell Estates under these terms and conditions. The provisions of this clause 12 shall not apply to clause 15.
13. No party shall be liable to any other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The provisions of this clause 13 shall not apply to clause 15.
14. You shall indemnify and hold harmless Dunnell Estates from and against all Claims and Losses arising from loss, damage, liability, injury to Dunnell Estates, its or their employees and third parties, by reason of or arising out of any act, omission, delay or representation made by You, or in relation to any false or erroneous information provided by You to Dunnell Estates. For the purpose of this clause ‘Claims’ shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and ‘Losses’ shall mean all losses including, without limitation, financial losses, damages, legal costs and other expenses of any nature whatsoever.
15. Each of the parties acknowledges that, in entering into the agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in these terms and conditions, and any conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Nothing in these terms and conditions excludes liability for fraud.
16. Dunnell Estates reserves the right to terminate its relationship with You by written notice at any time. providing you have no ongoing and active property transaction going through with Dunnell Estates. In such case, the relationship between You and Dunnell Estates can be terminated once such transaction has completed and no fees are outstanding from either parties.
17. You have the right to terminate the relationship with Dunnell Estates by written notice at any time providing you have no ongoing and active property transaction going through with Dunnell Estates. In such case, the relationship between You and Dunnell Estates can be terminated once such transaction has completed and no fees are outstanding from either parties.