Terms and Conditions
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1. The definitions and rules of interpretation in this clause apply in these terms and conditions:
(i) Taylor Made Property Investments: trading as Taylor Made Residential Limited, a company incorporated in England and Wales (company number 10726223) whose registered office is Taylor House, Saxon Way, Great Denham, Bedford MK40 4FU. Also potentially referred to in this document as ‘us’ or ‘we.’​
(ii) You: also known as the person, firm or company who engages the services of Taylor Made Property Investments to identify properties and Your shall be construed accordingly.
2. Taylor Made Property Investments offers a property sourcing service whereby we find a property deal for you in return for a sourcing fee. If you reserve a property on the basis of a sourced deal, the terms and conditions set out herein will apply.
Deals and Fees
3. Deals may be reserved only by paying the full sourcing fee + VAT to Taylor Made Property Investments either by credit or debit card or bank transfer to:
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Taylor Made Residential Limited
Barclays Bank
Account: 50065218
Sort code: 20-45-45
4. In the event that two or more investors pay the sourcing fee, the investor whose payment is first available to Taylor Made Property Investments in cleared funds has successfully reserved the deal. Taylor Made Property Investments’ decision on the matter, in its absolute discretion, is final.
5. You agree at no time to contact in any way the vendor of the property or their estate agent (if applicable). As the introducer, Taylor Made Property Investments is to manage all communication required as the single point of contact for the vendor or their estate agent.
6. The sourcing fee payable by you to Taylor Made Property Investments is:
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(i) payable in accordance with clause 3 and is non-refundable, with the exception of the scenario as laid out in clause 4;
(ii) detailed in the property particulars for each individual property and are set at Taylor Made Property Investments discretion;
and
(iii) exclusive of VAT.
7. If either party fails to make payment of any sum payable hereunder by the due date for payment, the other party shall be entitled to charge interest at the rate of 8% above the Bank of England base rate of the day.
Funding and Legals
8. You as the purchaser are responsible for appointing or instructing all advisers, including (without limitation) solicitors and financial advisers. The solicitor must be on Taylor Made Property Investments’ approved panel of solicitors (“Approved Solicitor”).
8.1. Where external funding is required you will:
(i) no later than 2 working days after we notify you that you have successfully reserved the property (“Notification”), make an application for funding;
and
(ii) within 5 working days after Notification pay the survey fee to the proposed lender.
8.2. Where you do not require external funding you will:
(i) if necessary or desirable (at your discretion) appoint a surveyor and make payment of the surveyor’s fees within 5 working days of Notification;
(ii) engage an Approved Solicitor to carry out the purchase of the property within 2 working days of Notification
and
(iii) sign and return the Approved Solicitor’s engagement letter, terms of business and identification documents within 2 working days of receipt thereof.
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9. You will be responsible for, and shall make payment in a timely manner of, all costs, fees and expenses relating to the purchase, including (without limitation) the deposit, completion monies, legal fees and searches, stamp duty, council tax, water rates and utilities.
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10. It is your responsibility to ensure that you have sufficient funds in place to cover the purchase price of the property and all associated costs and expenses.
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11. For the avoidance of doubt, you will be wholly responsible for financing the purchase and the related costs of finance.
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12. If the deal does not proceed to completion for any reason, the parties shall bear their own costs and expenses.
Internal and External Services
13. Taylor Made Property Investments undertakes to use reasonable skill and care in carrying out its obligations but makes no other warranty;
(i) Taylor Made Property Investments uses its reasonable endeavours to ensure that any Information provided is accurate, up-to-date and not misleading but cannot warrant or guarantee this.
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13.1 Taylor Made Property Investments does not warrant or guarantee that:
(i) any property which it sources or recommends is guaranteed to make a profit for you or is suitable for investment purposes;
(ii) that we will find any property or deal which meets your requirements;
(iii) any deal will make any level of profit and It is your responsibility to satisfy yourself that the deal is profitable;
or
(iiii) forecasts, projections, views and recommendations are true, complete or accurate despite being sent in good faith.
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14. Although it is always our intention to provide accurate Information, it is your responsibility to carry out your own due diligence to a level with which you are satisfied prior to reserving any deal.
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15. Taylor Made Property Investments is not providing investment advice of any kind. It is your responsibility to ensure that you are satisfied with the investment potential of any property in which you wish to invest.
16. All of the service providers (including solicitor, financial adviser, builder and other contractors) that may be recommended to you are believed to be competent and trustworthy but Taylor Made Property Investments shall not be responsible if they are not or for any failure or defect in the services provided by any such person.
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17. Taylor Made Property Investments will not manage a refurbishment project but, at your request, can give an estimated refurbishment cost and prepare an outline schedule of works to bring the property up to what it considered to be a saleable standard. You should be aware that the estimated refurbishment cost does not include any contingency for unforeseen matters. It is based on Taylor Made Property Investments’ experience but is not warranted or guaranteed in any way.
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Conditions
18. You may not withdraw from a deal after you have reserved it for any reason (including delay or increased costs) without Taylor Made Property Investments’ consent. Taylor Made Property Investments achieves a high number of property deals as a direct result of commitment to buy and cannot work with an investor who does not maintain that commitment.
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19. The provision of Information does not constitute an offer in relation to the deal in question. A contract will only come into force in relation to a sourced deal when you are notified that you have successfully reserved the property.
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20. Any deal is supplied to you personally. You may not assign or otherwise transfer it to any other person.
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21. Once notified of a deal by Taylor Made Property Investments you agree not to make an offer in respect of such property, other than under these terms, for a period of 12 months else our sourcing fee will apply.
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Intellectual Property Rights
22. Taylor Made Property Investments retains all intellectual property rights (including copyright) in the reports, details and information (“Information”) provided to you. You will not copy or transfer any Information or use it for any other reason other than in relation to your personal interest in the deal without Taylor Made Property Investments’ consent.
23. You will not redistribute any Information provided to you without our permission.
Data Protection
24. Taylor Made Property Investments shall process your personal data in accordance with the Data Protection Act 2018.
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25. By signing this, you consent to Taylor Made Property Investments using images of properties and deals you have purchased in its marketing materials.
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26. You agree to Taylor Made Property Investments contacting you by email, telephone, post and SMS with notifications of deals and marketing materials.
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27. You agree not to disclose any information which could be reasonably regarded as confidential provided to you by Taylor Made Property Investments or any other investor unless:
(i) it was public knowledge before disclosure to you
(ii) becomes public knowledge other than through breach of this clause
or
(iii) is required by a court of competent jurisdiction.
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28. You agree to return all tangible Information and other information provided to you by Taylor Made Property Investments upon request. You also agree to delete any electronic versions on request.
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Liability
29. All warranties, conditions and terms not expressly set out in these terms shall be excluded to the maximum extent permitted by law.
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30. In no circumstances shall Taylor Made Property Investments be liable to you for:
(i) loss of profit;
(ii) loss of revenue;
(iii) loss of goodwill;
(iiii) loss of contract;
or
(iiiii) consequential or indirect loss or liability.
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31. In no circumstances shall Taylor Made Property Investments be responsible or liable for:
(i) the acts or omissions of any person it recommends (including solicitors, financial advisers, builders and other contractors);
(ii) any defects in title or defects (latent or otherwise) in any property;
or
(iii) any loss or liability incurred by the Investor arising out of any recommendation or information provided by Taylor Made Property Investments.
32. Except in relation to death or personal injury caused by its negligence, Taylor Made Property Investment’s maximum liability under or in relation to these terms or the services offered to you, whether in contract, tort (including negligence) or statute shall be limited to the fees payable to it.
General
33. Until you reserve a property, there is no obligation to make any purchase.
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34. No third party shall have any right to enforce these terms.
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35. Nothing in these terms, and no action taken by the parties pursuant to these terms, shall constitute, or be deemed to constitute, a partnership between the parties, or shall constitute either party as the agent, employee or representative of the other. The parties are acting on their own account.
36. Notices under these terms shall be in writing and delivered personally to the address for each party notified to one another for the purpose. No failure or delay in the exercise of any right by a party shall constitute a waiver of that right. Neither party may assign any right or obligation under these terms.