TERMS & CONDITIONS

1. For avoidance of doubt REALM 47 is the ‘Service Provider’, the ‘Client’ is the party entering this Agreement and the ‘Agreement’ is this document. 

Deals and Fees 

2. REALM 47 sources three main types of deals for investors: 

(i) off market deals; where REALM 47 secures a price for a property that isn’t publically available (i.e. advertised with estate agents / on the major online property portals) and works to facilitate the purchase of said property by an investor. 

(ii) on market deals; where REALM 47 brings a property that is widely available (i.e. advertised with estate agents / on the major online property portals) to the attention of an investor and works to negotiate a purchase price and to facilitate their purchase of said property. 

(iii) developer deals, where REALM 47 secures a price for a property directly with a developer and works to facilitate the purchase of said property by an investor, working with the developers in house teams where appropriate. 

If you reserve a property via REALM 47 the terms and conditions set out herein will apply. 

3. For the avoidance of doubt, when you engage REALM 47 as a Service Provider, the aaaaaaService will include; the sourcing of a suitable property, the negotiation of a suitable aaaaaaproperty, structuring the deal, introduction to professional third parties, issuing the aaaaaamemorandum of sales, sales progression, access arrangements where required. Any aaaaaaservices out of this remit, are at an additional cost, available upon request. 

4. Deals may be reserved by paying the reservation fee of 25% +VAT of the service fee; sssssssor £1,500 +VAT whichever is greater via direct bank transfer, the details for which will sssssssbe communicated at the time to ensure they remain up to date.

5. Where two or more investors wish to reserve a property, it is at the discretion of the property owner. The property owner's decision on the matter shall be final and in its absolute discretion. 

6. The service fee will be agreed in writing between both parties prior to the reservation sssssss fee being paid. Our fees are as follows: 

- Single ‘Buy to Let’ (BTL) - 2% +VAT or £3,000 +VAT whichever is the greater amount 

- Single ‘House in Multiple Occupancy’ (HMO) - 3% +VAT or £4,000 +VAT whichever is the greater amount 

- Blocks of multi units and portfolios - 2.5% +VAT or £4,000 +VAT whichever is the greater amount 

Properties that sit outside of the above fee structure will be agreed at the time of securing the property. The service fee is payable immediately upon legal completion via invoice to the solicitor. The reservation fee will be deducted from the service fee. 

7. You agree not to contact, in any way, any vendor, developer or appointed estate agent or the appointed solicitor for any of the aforementioned, for any deal provided by REALM 47. REALM 47 will act as the single point of contact for all communications relating to a purchase and as the sole point of contact for all purchasers. REALM 47 will oversee the sales progression process from start to finish for an investor. 

8. The following sub-clauses of this clause 8 apply to all sourced deals: 

8.1. the fees payable by you to REALM 47 shall be (i) the reservation fee, which shall be payable in accordance with clause 4 and is only refundable should the vendor/seller withdraw from the sale and/or a dissatisfactory survey report is provided by a qualified third party or works deemed essential by the valuer exceeding 5% of the purchase price - over and above works detailed in the property brochure and (ii) the service fee, which shall be agreed at the outset of the transaction, less the reservation fee. This shall be payable by you to REALM 47 on legal exchange of contracts of the purchase of the property. 

8.2. you will be responsible for appointing or instructing all advisers, including (without imitation) solicitors and financial advisers. The solicitor must be on REALM 47’s approved panel of solicitors (“Approved Solicitor”); 

8.3. You will: 

8.3.1. where you require external funding, 

8.3.1.1. not later than 5 working days after we notify you that you have successfully reserved the property (“Notification”), make an

application for funding; and 

8.3.1.2. within 5 working days after Notification pay the valuation fee to the proposed lender along with any application fees to the 

Broker; 

8.3.2. where you do not require external funding and, if you decide it is necessary or desirable (in your discretion), appoint a 

surveyor and make payment of the surveyor’s fees within 5 

working days of Notification; 

8.3.3. engage an Approved Solicitor to carry out the purchase of the 

property within 2 working days of Notification and sign and 

return the Approved Solicitor’s engagement letter, terms of 

business, provide identification documents and pay money on 

account within 2 working days of receipt thereof. 

8.4. 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. For the avoidance of doubt, you will be wholly responsible for financing the purchase and the related costs of finance. 

8.5. REALM 47 undertakes to use reasonable skill and care in carrying out its obligations but makes no other warranty; 

8.6. Where requested, REALM 47 will give an estimated refurbishment cost and prepare an outline schedule of works to bring the property up to what it considers to be a saleable and/or rentable standard. You should be aware that the estimated refurbishment cost does not include any contingency for unforeseen matters. It is based on REALM 47’s experience but is not 

warranted or guaranteed in any way. The estimated refurbishment cost will not include any project management fees. 

9. You may not withdraw from a deal after you have reserved it for any reason (including delay or increased costs) without REALM 47’s consent. REALM 47 is able to source discounted deals as a direct result of the speed and reliability of its buyer list and cannot work with a buyer who does not maintain that commitment. Reservation fees will not be refunded where a buyer pulls out of a purchase. Buyers are expected to deal with all legal matters during the conveyancing process in a timely manner or you will be at risk of losing your reservation fee. 

10. REALM 47 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 the deal without REALM 47’s consent. 

11. 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. 

12. REALM 47 uses its reasonable endeavours to ensure that any Information provided is accurate, up-to-date and not misleading but does not warrant or guarantee this. It is your responsibility to carry out your own due diligence to a level with which you are happy. 

13. Any deal is supplied to you personally. You may not assign or otherwise transfer it to any other person. 

14. Once notified of a deal by REALM 47, you agree not to make an offer in respect of such property, other than under these terms, for a period of 24 months. 

15. 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. 

Data 

16. REALM 47 shall hold your personal data in accordance with the Data Protection Act 1998 and the General Data Protection Regulations Act 2018. 

17. You consent to REALM 47 using photos, graphics, quotes and images of both properties and deals in its marketing materials. 

18. You agree to REALM 47 contacting you by email, telephone, post and messaging services with notifications of deals and marketing materials. 

19. You agree not to disclose any information which could be reasonably regarded as confidential provided to you by REALM 47 or any other investor unless it was public knowledge before disclosure to you, becomes public knowledge other than through breach of this clause, or is required by a court of competent jurisdiction. 

20. You agree to return all tangible Information and other information provided to you by REALM 47 upon request. You also agree to delete any electronic versions on request. 

21. REALM 47 cannot and does not warrant or guarantee that any property which it sources or recommends is guaranteed to make a profit for you or is suitable for investment purposes.

22. All warranties, conditions and terms not expressly set out in these terms shall be excluded to the maximum extent permitted by law. 

23. Except in relation to death or personal injury caused by its negligence, REALM 47’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. 

24. In no circumstances shall REALM 47 be liable to you for any 

24.1. loss of profit; 

24.2. loss of revenue; 

24.3. loss of goodwill; 

24.4. loss of contract; or 

24.5. consequential or indirect loss or liability. 

25. In no circumstances shall REALM 47 be responsible or liable for: 

25.1. the acts or omissions of any person it recommends (including 

solicitors, financial advisers, builders and other contractors); or 

25.2. any defects in title or defects (latent or otherwise) in any 

property; or 

25.3. any loss or liability incurred by the Buyer arising out of any recommendation or information provided by REALM 47. 

General 

26. REALM 47 is not providing investment advice of any kind. It is your responsibility to ensure that you are happy with the investment potential of any property in which you wish to invest. 

27. Until you reserve a property, there is no obligation to make any purchase. 

28. REALM 47 does not guarantee or warrant that we will find any property or deal which meets your requirements. 

29. REALM 47 does not guarantee or warrant that any deal will make any level of profit. It is your responsibility to satisfy yourself that the deal is profitable. 

30. All forecasts, projections, views and recommendations are given honestly and in

good faith but are not guaranteed or warranted to be true, complete or accurate. 

31. 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 REALM 47 shall not be responsible if they are not or for any failure or defect in the services provided by any such person. The services offered by REALM 47 or connected persons; solicitor, financial adviser, builder and all other professional services, an average commission of two hundred and fifty pounds. 

32. No third party shall have any right to enforce these terms. 

33. If the deal does not proceed to completion for any reason, the parties shall bear their own costs and expenses. 

34. 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 on such sum at a rate of 4% above the base rate of Bank of England, both before and after any judgement. 

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. 

This Agreement contains the terms and obligations required to reserve and purchase properties brought to your attention by REALM 47. It sets out the undertakings made by REALM 47 to the Investor and by the Investor to REALM 47. These undertakings are legally binding, you should read through carefully to ensure the agreement contains everything you want and nothing that you are not prepared to agree to. Whilst every attempt has been made to compose this Agreement using plain and intelligible language, it inevitably contains some legal terms or references.