thomas bradley & co

Introduction

These Terms of Business apply to all work carried out by Thomas Bradley Residential (Scotland) LTD (“the Agency”) for our clients unless otherwise agreed in writing by you with a Senior Manager within the Agency. Thomas Bradley Residential is a real estate agency committed to delivering exceptional property services. We are subject to industry standards, codes of conduct, and best practices to ensure professionalism and transparency in all our dealings.  “If work has already commenced on your case or matter then, unless you have notified us immediately in writing to the contrary, you agree that these Terms of Business apply retrospectively from date of your initial appointment with one of our team.”

 

 

Our Aim

Here at Thomas Bradley & Co Residential, we aim to provide our clients with a high-quality advice they can trust. In the interest of transparency with our clients, we trust that these Terms of Business will provide a clear and accurate basis for which our professional services will be provided.

 

1. Hours of Business

Our office hours of operation are 9:00am to 5:00pm Monday to Friday. Clients are welcome to contact their case manager out with these hours by either leaving a message on our answer phone, emailing their case manager directly or by utilising the “Get in Touch” form on our website.

 

2. Cooling-Off Period & Cancellations

In compliance with Section 29, subsection 29 (2) of the Consumer Contract (Information, Cancellation & Additional Charges) Regulations 2013, Thomas Bradley operates on a 14-day cooling period to allow our clients the chance to take into consideration the advice given, and cost estimate involved with their case.

 

The 14-day period begins on the day following your initial consultation with one of our advisors.

 

Please note: While we endeavour to complete your services within a timely manner, time taken to conclude services is not sufficient reason to terminate the contract outside of the 14-day cooling-off period.

 

If you wish to cancel services, this must be made in writing (email or signed letter).

 

Should you, after taking out services with the firm instruct us to carry out additional services, a new 14-day cooling off period shall be applied to the subsequent services only. This shall be per the same terms as stipulated in this clause.

 

3.Thomas Bradley & Co Terminating Services

Should the situation arise where we deem it appropriate to halt services with you, we will provide our cancellation in writing to you.

 

4. Instructions

It is our company policy that instructions, unless stated otherwise, should be made in writing to your case manager. Case managers will use their discretion regarding verbal instructions and will confirm this with those involved.

 

5.Written Correspondence and Telephone Calls

All correspondence will be dealt as soon as possible, bearing in mind the urgency of the matter involved. If your query or matter is time sensitive, please advise us of this by either detailing this in your correspondence or by calling us. We will endeavour to return any phone calls on the same day, provided that a telephone number has been left with our reception team, although we trust that you will appreciate that we cannot always guarantee a same day response. We regret that meetings and interviews cannot/will not be interrupted unless there has been a prior agreement or in the event of extenuating circumstances. Please leave a detailed reason for your call with reception.

 

5.1 Will and Power of Attorney Correspondence:

If you have received your draft documents and have gotten in touch with your case manager with amendments, please allow for 1-2 working weeks for your amendments to be made and resent to you. If your query is urgent, please detail this in the subject line of your query to prevent any delays.

 

Please note: Company policy requires amendments to be made in writing to your case manager.

 

5.2 Trust Correspondence:

If you would like to discuss or have any questions regarding your Trust, you can contact your case manager by calling into the office or emailing them. Your case manager will endeavour to answer any questions and provide updates to you in a timely manner.

 

Please note: The Trust process “involves different stages, including third party participation, which is necessary for the registration of Trusts. This means the process can be lengthy and as such prolonged periods of non-contact can be expected. Whilst we endeavour to respond promptly, it may be that necessary for us to speak with third parties to receive updates or clarify any queries relating to your case.

 

 

 

5.3 Conveyancing/Property/Executry Correspondence:

 

Thomas Bradley & Co frequently provides support to buyers throughout the purchasing process in conjunction with our estate agency services. In our role as intermediaries, we facilitate various aspects of the transaction by liaising between clients and our trusted third-party partners. However, there may be instances where we are unable to directly assist with certain aspects of the process. In such cases, clients will need to engage with the respective third-party partners directly. These partners, including solicitor firms, financial services firms, or accountancy firms, operate independently and may have their own charging structures, which will apply to any services they provide. We always strive to ensure our

clients receive the necessary guidance and support, whether through our direct involvement or through the expertise of our carefully selected partners.

Might be worth saying this also?

“At the beginning of these processes we will evaluate the work required and advise you as early as possible should there be any parts that we would not directly assist with and will support you by recommending parties who are able to carry out such work. Throughout the process should any work we cannot carry out become apparent, your case manager will discuss this in detail with you.”

 

Your case manager will be in contact with you through each stage of the transaction via verbal and / or written communication.

 

Please note: An executry process can be lengthy and you may find it takes some time to hear back from third parties whose correspondence is necessary to wind up a person’s estate. As a result there may be periods of non-contact with us whilst a response from the relevant third-parties is anticipated

 

6. ID Requirements

At the beginning of any of our cases, our advisors will need to obtain basic background information regarding our clients’ circumstances to provide them with accurate, tailored advice.

 

We will require forms of ID from clients, 1 valid photographic ID (e.g., driver’s license/passport) and 1 proof of address dated within the last 3 months (e.g., utility bill/ council statement) – these are required to be in compliance with Anti-Money Laundering Regulations.

 

“A crucial part of our onboarding clients process is to obtain two forms of Identification from you. This is a legal requirement in compliance with anti-money laundering regulations. This includes a valid, in date photographic ID and proof of address dated within the last three months. If you have this available at the time of your initial appointment one of our consultants will take a copy. If you do not have this at the time, a member of our legal team will request it from you when your file is processed.

 

 

7. Fees

If you have been given an estimate of fees for your transaction, every effort will be made to ensure that there is no deviation from the estate without reasonable cause – should reasonable ancillary expense occur, we reserve the right to charge accordingly. If any ancillary fees arise, we will give you as much notice as possible.

 

Please note for Conveyancing/Property Transactions, we charge a fee whether your transaction reaches completion – this will be in accordance with the work done on your behalf until the point of cancellation.

 

7.1 Invoices and VAT

We will add VAT (where applicable) to our charge at the rate that applies when the work is done. At present, VAT is levied at the rate of 20%.

 

Please note that we are required to address our invoices to our client only. If therefore, you have agreed with another party that they will be responsible for your legal fees, you should be

aware that the invoice will nonetheless be addressed to you as our client and we will be obligated to look to you for payment of our costs, notwithstanding any agreement you have with a third party. The consequence of this is that VAT is not recoverable by the third party.

 

7.2 Payments to Third Parties

Any fees incurred by third parties as a result of your case will be required to be made over to us before we pay these on your behalf – unless otherwise stated and agreed upon in writing. “This is with the exception of the Office of the Public Guardian for England, they will take the fee from you directly by texting or calling for payment when it passes to the registration department. If you have taken out a Trust your OPG fee is included in the price of your Trust and we will facilitate the payment.” “Any failures to pay any third-party fees when requested could result in significant delays.”

 

8. Payment Terms

After your initial consultation with our advisors, you will be issued with a written breakdown of costs for services agreed upon at your consult – this is your invoice. Unless a payment plan is agreed, you will be expected to pay for your services in full prior to the completion of your case - failure or delay of payment could result in late payment fees.

 

Unless agreed otherwise, payment must be made in a guaranteed form such as BACS transfer or cheque.

 

8.1 Conveyancing

If full payment has not been made on or prior to the date of settlement, your transaction will not take place.

 

If you are borrowing from a Lender (bank/building society/other lending institution) we will be entitled to request these funds to be available at least 2 working days prior to the date of entry.

 

Following the settlement of your transaction and in the event that there are surplus funds available, these funds will be passed over to you no later than the fourth working day from settlement. Should you require the payment be made by BACS, note that there is an administration fee chargeable for this which will be deducted from the sums remitted.

 

In the case of the Land Registration, the Keeper of the Registers may require certain writs and documents to be supplied before issuing the final Land Certificate. Obviously, such requisitions cannot be anticipated, and we may, therefore, require contacting you after settlement for funds for such documentation.

 

Often we assist buyers in the process alongside our estate agency. We act as intermediaries. In certain occasions we cannot assist and you must deal with the partner direct who will have their own charging structures.

 

8.2 Wills, Power of Attorney and Trusts

If you have not agreed to a payment plan and have not paid you invoice, we will only issue draft documents watermarked “or stamped” as such until we received payment for services. Meaning, you will not have a legally binding Will or Power of Attorney or a registered Trust until you have paid off your invoice.

 

8.3 Receipt of Funds on your Behalf