1. These terms

1.1 What these terms cover

These are the terms and conditions on which we will make an offer to purchase your property.

1.2 Why you should read them

Please read these terms carefully before you sign and return your acceptance of our offer. These terms tell you who we are, the basis upon which we will make an offer to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are

We are AVOWAL LIMTED a company registered in England and Wales. Our company registration number is 12764441 and our registered office is at The Landsdowne Building, Lansdowne Road, Croydon, England, CR9 2ER We operate under the trading name Brisk Buyers. 

2.2 How to contact us

You can contact us by telephoning our customer service team on , by email to hello@briskbuyers.co.uk or by writing to us at the registered office address above.

2.3 How we may contact you

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.

2.4 “Writing” includes emails

When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 Upon receipt of an enquiry from you we will assess what we would be prepared to pay for your property and will make an offer in principle (“Offer in Principle”). The Offer in Principle is what we would be prepared to pay for the property based on the estimated market value provided by you. The Offer in Principle is not a formal valuation of the property.

3.2 If you wish to proceed you will be asked to accept the Offer in Principle by signing and returning to us a copy of the Offer in Principle.

3.3 Upon receipt of the signed acceptance of the Offer in Principle we will then arrange for an asset management company to conduct an appraisal of the property which will include at least one valuation. We reserve the right to obtain the valuation through an estate agent local to your property, an RICS valuer or by way of desktop valuation.

3.4 Upon receipt of the appraisal report we will make a formal offer to you (the “Formal Offer”). The Formal Offer price is not a valuation of the property but the price we are prepared to pay.

3.5 The Formal Offer will be subject to:

3.5.1 Satisfactory evidence of the your title to the property.

3.5.2 Satisfactory replies to local authority, mining, drainage, and other relevant searches against the Property.

3.5.3 A survey and/or valuation acceptable to the Buyer.

3.5.4 A mortgage and/or offer of loan on the Property on terms acceptable to the Buyer.

3.5.5 Formal contract

3.6 Once the acceptance has been received, we will formally identify you. As we do not meet clients face to face ID will be through an external agency. Transactions can only proceed to completion once formal ID has been completed.

3.7 Upon completion of the steps referred to in 3.5 above we will either reconfirm our Offer or submit an alternative offer to reflect any adverse matters identified. To assist you we will on request provide you or your solicitor with a copy of the legal report and the RICS survey report we receive.

4. Independent Legal Advice

4.1 You must take Independent Legal Advice.

4.2 You can either instruct a solicitor you chose, or we can recommend one to act on your behalf.

4.3 If you wish us to recommend solicitor, we will expressly ask you to confirm that by opt when signing to accept the Offer in Principle.

4.4 Subject to completion of the transaction we will, if you use a solicitor recommended by us, pay all the legal fees incurred in connection with the transaction. If you instruct a solicitor not recommended by us, we will on completion make a contribution to legal fees of £500.

5. Charges

5.1 We do not charge for our services. All buyer costs incurred in purchasing your property are paid by us.

5.2 In the event that the Buyer elects to require the Seller to transfer the Property to a third party, the Buyer will through the documentation provided to the Sellers’ solicitor advise the Seller of the price to be paid by the third party to the Buyer. The Offer Price to the Seller may change dependant on the price agreed with the third party. The Seller acknowledges that the difference in the price to be paid by the third party and the Offer Price or any amended Offer Price will be retained by the Buyer.

6. Your rights to end the contract

6.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For contracts entered into other than at our premises you have a legal right to change your mind within 14 days without giving reasons. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

6.2 To exercise the right to cancel the Seller must inform the Buyer by email to hello@briskbuyers.co.uk or by post to Brisk Buyers, The Landsdowne Building, Lansdowne Road, Croydon, England, CR9 2ER of your decision to cancel this contract by a clear statement confirming the same. You may use the attached model cancellation form, but it is not obligatory to do so.

6.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

6.4 Effects of Cancellation

6.4.1 If you cancel this agreement, you will be released from all obligations under it.

6.4.2 We will not seek to recoup costs from you

7. Legal Matters

7.1 You as Seller will be required:

7.1.1 To sell with full title guarantee

7.1.2 To give vacant possession on completion

7.1.3 To pass risk on completion. This means that title and risk to the property will not pass until the legal transfer of the property has completed and as such you will continue to have responsibility to insure the property until legal completion takes place

8. How we may use your personal information

8.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. You can request a copy of our Privacy Policy which will be provided to you by way of email or a copy can be accessed on our website by way of the following link – Privacy Policy.

9. Other important terms

9.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

9.2 We reserve the right prior to completion to upload your property to a Property Portal website and/or to allow the property to marketed by an Estate Agency chosen by us. In accepting the Offer in Principle you give us authority to deal with the property as set out in this clause.

9.3 We may require you to transfer the Property on completion to an associated company or to a third party or a sub-purchaser from us.

9.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

9.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

9.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

9.7 Complaints Procedure

In accordance with the TPO Code of Conduct we operate an in house complaints procedure a copy of which is available on request or through our website and can be accessed through the following link – Complaints Procedure.

9.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.

10. Force Majeure

10.1 If we are prevented, hindered or delayed from or in performing any of its obligations under the terms and conditions of the Contract by a Force Majeure Event:

10.1.1  Our obligations under the terms and conditions of the Contract are suspended while the Force Majeure Event continues and to the extent that it is prevented, hindered or   delayed;

10.1.2  as soon as reasonably possible after the start of the Force Majeure Event, we shall notify you in writing of the Force Majeure Event, the date on which the Force Majeure Event started and the effects of the Force Majeure Event on its ability to perform its obligations under the terms and conditions of the Contract;

10.2 If the Force Majeure Event continues for more than three (3) months starting on the day the Force Majeure Event starts, either party may terminate the agreement by giving not less than thirty (30) days’ notice in writing to the other party.

11. CONFIDENTIALITY AND SECURITY

11.1 Each party shall treat as confidential all information obtained from the other pursuant to the terms and conditions of the Contract and shall not divulge such information to any person (except to such party’s advisors) without the other party’s prior written consent provided that this condition 11 shall not extend to information which was rightfully in the possession of such party prior to the commencement of the negotiations leading to the terms and conditions of the Contract, which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this condition 11) or which is trivial or obvious.

Disclaimer

Brisk buyers accepts no liability for the content of this website and any liability can be excluded by law.

Brisk buyers will always complete in a timescale to suit you but accepts no liability if a completion date cannot be met or if a purchase does not take place for whatever reason.

By continuing to use this website you are agreeing to comply and be bound by the following terms and conditions of use which in addition to our Privacy Policy and Terms of Data Collection govern Briskbuyer’s relationship with their customers.

The use of the Brisk Buyers website is subject to the following terms of use:

• Your use of any information provided on the website is used entirely at your own risk, for which we will not be held responsible for. It is your own responsibility to establish that our services, products and information provided in the website best suit your requirements.
• The content of the website is for your use only, we cannot be held responsible for information you pass onto third parties. The website is subject to change quite regularly and without notice so please check the website for updates.
• Brisk Buyers does not provide any guarantees or warranty with regards to the accuracy of the information provided on the website. Customers should acknowledge that on some occasions there maybe inaccuracies on the website and Briskbuyers therefore exclude liability for any inaccuracies which may be found.
• This website and all information provided within it is owned by Brisk Buyers. The information includes the design, layout, look and appearance as well as the graphics on the website. Any copyright infringement / reproduction of the information is strictly prohibited.
• Unauthorised use of this website may include links to other websites, Brisk Buyers doesn’t endorse these other websites and we have no responsibility for the content and information they provide on their website. Customers must take full responsibility and risk for the use of Brisk Buyer’s website and use of all information contained within it.
• Unauthorised unethical use of the website could give a claim for damages.
• The Brisk Buyers website is based upon property laws in England & Wales.
• We reserve the right to make changes or corrections to the website at all times.
• Brisk Buyers have made all reasonable endeavours to make sure that the website and all content provided within it complies with current UK legislation.
• BriskBuyers gives no warranties or guarantees that the website will operate continuously or without occasional interruptions.
• BriskBuyers accept no liability for customer’s loss or damage of data, profit, revenue or business. In any circumstances where customers suffer any loss or in fact damage through the use of the website we accept no liability for this loss or damage whether it be because of error, omission or any other cause.
• If BriskBuyers is found to be liable for any action, our liability is limited to the sum of £5. This limitation however may not apply if we have been negligent in causing personal injury or death.
• Customers are responsible for making sure that their computer system meets all specifications / criteria so that they can use BirskBuyers’s site effectively. Briskbuyers can’t also guarantee that information downloaded from the website will be virus free. Customers need to be responsible for carrying out sufficient security checks.