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Terms, Conditions & Reservation Agreement
Please read the following terms and conditions carefully. You may want to keep a copy for your own records.
These set out the terms and conditions on which Steven Wood Estate Agents PVT ltd and Goa Property Sales Ltd, both trading as Goa Property Sales operate. The law applicable is Indian law.
Contract between us
By signing and completing this agreement, and paying the reservation fee, you are requesting us to place a reservation with the relevant developer for the requisite apartment /villa / property, you are reserving the property in your personal name although you may be purchasing through a Limited company, and you give us your express permission to reserve it in your personal name and to change the reservation at a later date to that of the Limited company name and its directors. You are also requesting us to provide additional related services and facilities.
On receipt and checking of your application and reservation fee to reserve a property, we will confirm in writing your reservation and payment and on doing so a legally binding contract between ourselves will be deemed to have taken place authorising us to make the reservation on your behalf, this confirmation will be posted to you but we are not responsible for its delivery once posted
Nature of Reservation
The purpose of the reservation fee is to hold the said apartment / villa / property. Reservation fees vary from developer to developer but generally are between 10 and 20 % of the purchase price This reservation does not make a contract between the buyer / developer / seller The period between the reservation and the contract being issued is the time to do any checks regarding the legality of the purchase, to check the laws of the country that you are buying in to ensure that your purchase is legal. It is understood and accepted that we are only acting as agents and any agreements between yourselves and any other Third parties weather introduced by us or not, are not our responsibility to ensure there legality.
Contract with us for Reservation
Your contract with us is purely to place a reservation with the developer / seller and is not intended to or to create a contract for sale or purchase. You accept that Goa Property Sales are not the sellers of the property, and are only acting as agents and intermediary’s to facilitate a sale/ purchase
Reservation fees
Reservation fees are taken to secure your intended property and to show your good will on proceeding with the purchase these are non refundable. The reservation fee includes our advocate checking the sale / purchase contract only, and any further legal work must be paid directly to the advocate, using our advocate is not impartial and you may wish for your own advocate to check the contract, if you do this there will not be a reduction in the reservation fee. If you proceed with the purchase you do hereby authorise us to act as you agent in agreeing with the developer to reduce the contract price by an equal amount of the reservation fee. I acknowledge that the reservation fee includes a preliminary legal review of the sale agreement and any further legal fees will be paid by me and accept that I will not be entitled to a refund if I do not use the legal review service provided by you.
Rights of Reservation
We reserve the right not to accept your reservation fee or cancel an existing reservation in the following circumstances
- In the event we have misquoted the price
- If you are in breach of any of our terms and condition
- If the balance of any reservation monies due is not paid in the time scale specified
Clause1. We will contact you by letter, telephone, or email and confirm whether to swap your reservation to a mutually agreed property, or to refund your reservation fee in full and you confirm that we have refunded said reservation fee and that we shall not be liable to you or any third party as a result of the cancellation.
Clause 2 and 3. Reservation fees are Non Refundable
Purchase Prices.
Whilst we make every effort to ensure our prices are correct in, adverts, on the web or in any other media or verbally quoted they may not always be correct, prices change on a regular basis dependant on a number of factors, price increases, exchange rate, updating media and websites and lead in times to place adverts some of which are 3 months in advance of publication dates, prices can be increased by the developer / seller who do not inform their sales agents. The prices quoted are not nessacerily the prices that will be on the contract and will vary from developer to developer, as most require a portion of the monies paid to be off contract. We will arrange with the developer to have this deducted from your purchase price on the contract
Purchase Contracts
These are issued by the developer and are generally sent to us to forward to the purchaser, the contract is direct between the buyer and the seller and we only act as an intermediary for postal purposes, contracts can be sent back to us to forward to the developer if you wish us to do so, however should the contracts be lost in the post between ourselves and the buyer or lost when forwarding to the developer, then any cost involved in issuing new contracts must be borne by the purchaser. Normally Two copies of contracts will be sent for signing, both copies need sending back to the developer for counter signing. The buyer acknowledges and accepts that Goa property Sales are not party to the contract and are therefore not liable nor have any liability for any misrepresentation or default arising out of that contract,
Purchase Price Payments.
These will be set out in the contract and it is your responsibility to make sure they are paid as and when they are due whether demanded or not. Payments must not be made via Goa Property Sales unless requested by the developer to do so, and by paying a reservation fee you accept and acknowledge that where a developer has asked us to receive payments on their behalf you agree to this arrangement, and it is your responsibility to make sure they comply with the law in the relevant country in which you are purchasing your property. We may from time to time be asked by the relevant authorities in a specific country to provide information under our legal obligations regarding your payments and money laundering; we will have no liability to you in this event in fulfilling our legal obligations.
Third Parties.
We will from time to time introduce you to third parties in the way of solicitors, advocates, accountants, banks etc
- Under no circumstances are we liable for information they provide
- We do not control or have any influence over these third parties
- The introduction by its intent may mean information is not impartial
- We do not endorse or make any guarantees as to their qualifications or ability to carryout their specific duties.
- Use of third parties introduced by us is at your own undertaking and subject to the terms and conditions imposed upon you by the said third parties
Amendments
We reserve the right to change the terms and conditions under which we operate and at no time will we be under any obligation to notify any parties that we have changed our terms and conditions only to say that the terms and conditions will be posted on our website, and the date of posting is the date the changes shall take effect.
Disclaimer of Information
All information in relation to developments has been provided by the developer or the seller, as such we try to ensure and verify all the information is correct to the best of our abilities, but does not mean to say we can guarantee it is correct, we try and visit each site personally, but this is not always possible and we are reliant on the developer / seller to provide as accurate information as possible. All plans shown are indicative and may be subject to change; all illustrations are generally artist’s impressions and are open to interpretation and change. Distances, sizes, measurements are approximations only. Promotional material supplied by the developer is only indicative of the finished product and may be changed at the developer’s discretion.
Disclaimer
We have taken great care in re producing information supplied to us by third parties however we do not accept liability for errors omissions or inaccuracies arising from this information
We do not accept liability to you or any other persons for loss, damage or any problems arising out of us making the reservation on your behalf and providing you with third party introductions. We will not be accountable for any loss delay or changes in the specifications or alterations made to your purchase whether requested by us or not.
Data Protection Act
Your personal details are not passed to any third party for any reason without your prior consent other that those involved in the purchase process, namely, developer, solicitor, accountant, and bank.
Questions
Terms and Conditions V2.5 April 26th 2007
If you have any questions regarding these terms and conditions please contact
Steve on 01484 309943 or email sales@goapropertysales.co.uk
Signing
All parties to this agreement must sign it and by signing it agree to be bound by the terms and conditions of its content
Signed ……………………………………Name……………………………………
Signed ……………………………………Name……………………………………
Cheques payable To Goa Property Sales Ltd Client Account
Or transfer to HSBC 47 Market Street Bradford Sort code 40-13-15