Standard
Terms and Conditions
The following terms and conditions apply to all sales by Select Land and
Property Ltd.
Interpretation
Where two or more persons constitute the purchaser/s, all Terms and
Conditions herein that apply to the purchaser will apply to all such
persons jointly and severally. Also, all references to the singular
and to the masculine shall include the plural and the female.
Planning Permission
Unless a piece of land is explicitly described differently all land
sold by Select Land and Property Ltd is sold as either being Pasture,
Agricultural or Forestry land or a mixture of these. Although the purchaser
or others may apply for Planning Permission for a change of use, Select
Land and Property Ltd do not imply that permission for change of use
will be granted for any land sold by them.
Freehold
All land sold is Freehold Land. Select Land and Property Ltd will have
no future claim on or responsibility for land, or items upon or beneath
land, that they have sold.
Rights of Way
All land sold will include free access (without hindrance or Toll) to
that land and anyone that the purchaser permits to visit that land.
This right of access will be by foot, horse or automobile to pass and
re-pass unlimited.
Borders
The purchaser will be responsible for providing (if not already present
at the time of purchase) and maintaining borders to the purchased land
if this is a condition stated in the Covenant in the Deeds of the land.
Indemnity
The purchaser hereby covenants (agrees as witnessed) with the seller
by way of indemnity only that he will at all times duly perform and
observe the covenants, conditions and agreements contained in the Charges
Register, if any, and will keep the seller and his estate and effects
indemnified against all actions, proceedings, costs, claims and demands
whatsoever arising in respect of any breach thereof subsequent to his
purchase of the land.
Contract of Sale
Select Land and Property Ltd does not issue or use a Contract of Sale,
but uses instead the appropriateH.M. Land Registry form TP1 or TR1.
Instant Deeds
Instant Deeds in the Form of H. M. Land Registry TP1 or TR1 complete
with Form L(A)451 (and LR53 where applicable) and a Form AP1 (representing
a letter from the purchaser to the Land Registry) are supplied by Select
Land and Property Ltd as soon as reasonably possible after cleared funds constituting the full
purchase price of the land is received.
Land
Registry Fee
The purchaser is responsible for paying the Land Registry Fee directly
to the Land registry for each plot of land purchased.
Conflicts
If more than one purchaser simultaneously attempts to purchase the same
land, the first to provide full payment by cleared funds will be successful.
Where this continues to leave conflict between purchasers, Select Land
and Property Ltd retains the right to fairly decide the successful purchaser
on a 'first come, first served' basis or by other method at its sole
discretion. The unsuccessful purchaser(s) in such conflicts will receive
a full refund of any moneys paid for the purchase in conflict.
Landlocked
Select Land and Property Ltd confirms that from searches conducted there
is no reason for them to believe that the land being sold is landlocked.
Payment for Land
Payment for land must be made in full with cleared funds prior to ownership
of the land being passed to the purchaser.
All cheques must be correctly drawn on a UK bank, in Sterling.
Deposits
Land may be reserved by a prospective purchaser for up to 30 working
days by payment of a non-returnable deposit equal to ten percent of
the full purchase price of the land. The remaining balance of the full
purchase price must then be made within that 30 day period, otherwise
the land will be made available to other purchasers.
Reservation by telephone
Where specific land is reserved by telephone the land will be held for a maximum three business days unless a different timescale is mutually agreed between the purchaser and Select Land and Property Ltd. If payment
in full, or an agreed deposit payment, is not received by the end of that period, the land will be
made available to other purchasers.
Refunds
The purchaser understands and agrees that refunds of cleared funds will
not be made for any reason including any type of force majeure. Likewise,
Select Land and Property Ltd cannot reclaim the land for any reason
once the Land Registry Forms have been given or sent to the purchaser.
Commission Sales
When Select Land and Property Ltd sells land not owned by itself the
same Terms and Conditions will apply as for sales of land owned by Select
Land and Property Ltd, with the following additions.
The seller of the land will tell Select Land and Property Ltd in writing
the sum of money (Seller's price) he wishes to receive for the land.
Select Land and Property Ltd will add a commission amount to the Seller's
price to cover its expenses, and will advertise and attempt to sell
the land for this higher sum. On successful completion of a sale, Select
Land and Property Ltd will send to the seller his requested amount as
soon as practical after cleared funds have been received from the purchaser.
Select Land and Property Ltd acts as an Agent only on commission sales,
and accepts no liability for the land or use of it before or after the
sale.
Third Party Sales
If a purchaser wishes to purchase land that is offered by a third party seller on
Select Land and Property Ltd's website, Select Land and Property will, with the
purchaser's permission, provide the purchaser's contact details to the third party seller.
Any subsequent dealings between those two parties will be governed by the prevalent
Terms and Conditions set by the third party seller.
Select Land and Property Ltd will make no charge for introducing the two parties,
but will be entitled to receive an agreed amount of commission from the third party seller
for this and every subsequent sale completed between the two parties.
Governing
Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance
with English Law and the parties shall submit to the exclusive jurisdiction
of the English courts.
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