Button Legal EXPRESSHIPs
1. In these Terms and Conditions the following words shall have the following meaning:-
“The Firm” means Button Legal LLP practising as Button & Co or its successors.
“Client” means the user of services of The Firm for the provision of the Services.
“HIP” means a Home Information Pack as defined by the Housing Act 19
“Conveyancing” means the legal process in connection with the sale of a Property carried out by the Firm
“Property” means the Property for which the Client has instructed The Firm to provide a HIP
“Agent” means the Estate Agent or other Agent appointed by the Client to market the Property.
“Agreed Fee” means the Fee for the preparation of the HIP and for the Conveyancing
“HIP Fee” means the part of the Agreed Fee specified as being attributable to the preparation of the HIP
“Disbursements” means any monies paid out by The Firm on behalf of the Client in connection with the preparation of the HIP and conveyancing
“Party or Parties” means The Firm and/or the Client as appropriate
“Services” Means the provision by the Firm of any service reasonably associated with the HIP and or the Conveyancing
2. The Client irrevocably agrees to
(a) Appoint The Firm. as its Agent to prepare a HIP and to act as Solicitor in the Conveyancing in relation to the sale of the Property.
(b) Pay the HIP Fee together with any agreed additional disbursements in full upon the earlier of the following dates (“the Due Date”):-
(i) Six months from the date hereof
(ii) In the event that the Client:-
A Withdraws the Property from sale.
B Changes Agent.
C Dies
D Enters into a composition with creditors
E Notifies The Firm that the Services (or any part thereof) are no longer required.
F Completes the sale of the Property
(c) Deduct the Agreed Fee from the proceeds of the sale of the Property.
(d) Allow The Firm to communicate with the Agent.
(e) The Agent to giving information to The Firm in connection with the progress of the sale of the Property
(f) To provide The Firm with all information reasonably requested by The Firm in connection with the preparation of the Services.
3. The Client will within five working days of the date hereof provide The Firm with the documentation and information required to comply with the Proceeds of Crime Act 2002 (as amended) and the Money Laundering Regulations.
4. The Agreed Fee will remain fixed for six months. If the Property has not sold within six months and the Client wishes to continue using the services of The Firm then The Firm shall be at liberty by giving notice to the Client to increase the Agreed Fee in accordance with its then current fee scale.
5. In the event that the Client fails to pay the HIP Fee (or the balance thereof) on the Due Date the Seller agrees to pay interest on the HIP Fee at the Law Society’s rate of interest from time to time compounded annually.
6. By entering into this Agreement the Client authorises The Firm to:-
(a) Obtain the title deeds and documents to the Property from the Client’s mortgage lender.
(b) Obtain any necessary information from third parties relating to the preparation of the HIP and the sale of the Property.
(c) Obtain an up-to-date redemption figure from the mortgage lender
(d) Obtain any other information reasonably required by The Firm for the provision of the Services.
(e) To pay any additional disbursements reasonably incurred by The Firm in connection with the provision of the Services (without reference to the Client) such disbursements not exceeding the sum of £50.00 plus vat.
7. Providing that the Client has complied with its obligations herein The Firm agrees with the Client that it shall:-
(i) Use its reasonable endeavours to prepare a HIP in electronic and paper format within five working days of the date of instruction
(ii) Act as Solicitor to provide Conveyancing in connection with the sale of the Property
(iii) Keep the Client informed of all developments in connection with the preparation of the Services and shall request any further information required in a timely fashion.
(iv) Not communicate any personal confidential or sensitive information to any person other than the Agent without the express authority of the Client.
(v) Provide the Client with details of the fee earner involved with the preparation of the Services.
(vi) Provide the Client with the Terms of Business of the fee earner.
8. The rights of any Party hereto shall not be prejudiced or restricted by any indulgence or forbearance extended to any other Party and no waiver by any Party in respect of any breach shall operate as a waiver in respect of any subsequent breach.
9. This Agreement represents the entire agreement between the Parties in relation to the matters referred to herein and constitutes the entire understanding between the Parties in relation to the preparation of the HIP.
10. Each provision of this Agreement shall be enforceable independently of all other provisions and its validity, legality or enforceability shall not be affected if any other provision becomes invalid, illegal or unenforceable in any respect under any law or professional rule or regulation.
11. Nothing in this Agreement shall be deemed to constitute a partnership between The Firm and the Agent.
12. Any notice given under this Agreement shall either be delivered personally or sent by first class recorded delivery post or facsimile transmission to the Party at the Party’s last known or given address. The Firm will not accept service of correspondence or documentation by email.
13. This Agreement shall be governed by and construed in accordance with English Law and each of the parties submits to the exclusive jurisdiction of the Supreme Court of Judicature of England in relation to any claim, dispute or difference which may arise in relation to the Agreement.
14. The Firm shall not be liable for any breach of the terms of this Agreement if the breach has been caused by any force majeure or other matter beyond the control of The Firm.
revision 1:01 [July 2007]