HOME REPORT SCOTLAND TERMS AND CONDITIONS OF SUPPLY

These terms and conditions (the Agreement) relate to the provisions by e.surv Limited (Home Report Scotland) of a Home Report to people resident in Scotland only. If You wish to purchase a Home Report through this website You must first read this Agreement carefully before confirming Your order.

By placing an order with Home Report Scotland You are confirming that either You own or have the necessary authority to sell the Property and to commission the Home Report.

Parts 2 and 3 of the Agreement contain the RICS standard terms and conditions for the production of the Reports. Definitions in Parts 2 and 3 may conflict with some of the definitions elsewhere in the Agreement and, where they do, the definitions in Parts 2 and 3 take precedence.

Definitions:

Words starting with capital letters in this Agreement are defined terms and the definitions can be found below.  Unless expressly stated otherwise, the following definitions shall apply to this Agreement:

Part 1 – General Terms:

1.             The Home Report:

The Home Report is made up of:

2.             Order:

2.1           Home Report Scotland accept Your instructions only on the basis that the scope, purpose and conditions of the Home Report are as set out in this Agreement. A copy of this Agreement will also be delivered to You when  Home Report Scotland delivers the Home Report. A copy will also be sent to You on confirmation of Your order.

2.2           If the Fee or any other payment due to Home Report Scotland by You is not received within 5 Working Days of the due date, the account continues to be due and payable by You and Home Report Scotland will be entitled to charge interest on all sums outstanding from the due date at the rate of 1% per month until payment is received. Home Report Scotland will also seek recovery of all costs (including legal costs) allowed by the Courts, if an award is made in its favour, and incurred in recovering the amounts due to it. In addition, in the event of any default of this Agreement, Home Report Scotland may charge You a fee of upto £35 per event.

2.3           All cheques/payments will be banked upon receipt, although part payment will not be deemed to be accepted in ‘full and final settlement’ without Home Report Scotland’s written agreement. For the avoidance of doubt, all payments under the Finance Agreement must be made directly to Close Payment Services.

2.4           Where the Property has more than one owner, by entering into this Agreement by clicking the ‘Accept’ button You are confirming, that You are entering into this Agreement on behalf of all owners of the Property, including Yourself and that You are Jointly and Severally liable for the Fee and any other costs or charges incurred by Home Report Scotland or agents on Your behalf.

2.5           You will be considered to be in default of this Agreement if You breach any of Your obligations including any failure to pay any sum due on any due date.

2.6           Home Report Scotland will send You a copy of the Home Report for review and You must advise them of any inaccuracies and of any other matters that may affect the sale of the Property as soon as possible.

3.             Personal Interest:

The Single Survey Report requires disclosure of any previous business relationship with You, Your property, or Your selling agent.  If appropriate, Home Report Scotland will disclose any such relationship to You and are required by RICS to seek Your formal confirmation from that You are satisfied that this disclosure has been made. Please advise Home Report Scotland in writing if You are not.

4.             Right Cancel:

4.1        By clicking on the ‘Accept’ button, You are confirming that You have read and understood this Agreement and that You are ready to complete Your order. You may print or save a copy of this Agreement at anytime before You confirm Your order.  You are advised to do this. Once you have clicked ‘Accept’ You will not be entitled to cancel the order.

4.2           By clicking the ‘Accept’ button, You are also instructing Home Report Scotland to immediately begin preparing the Home Report. We will send you a copy of this Agreement by e-mail after Your order has been placed.
  
5.             Delivery of the Reports:

The Reports will be delivered to You by placing them on line at www.packdetails.com. Home Report
Scotland will aim to deliver the Reports within 30 days but this is dependent upon the accuracy and
completeness of the information provided to us. If Home Report Scotland is unable to meet this timeframe
You will be informed as soon as possible and a revised date will be agreed with You.

6.             Contact & Customer Services:

If You need to contact Home Report Scotland about Your order, please call 0845 602 1315. If You have reason to complain about the service please write to Customer Services, 53 Bothwell Street, Glasgow, GE2 6TS.

7.             Professional Bodies:

All Surveyors are members of RICS.

8.         Nature of this Agreement

8.1           Home Report Scotland may transfer all of its rights and obligations under this Agreement but only in circumstances where Your rights are not materially affected.

8.2           This Agreement supersedes all previous written agreements between the parties in respect of the Home Report order and may not be modified except in writing and signed by the affected parties.

8.3           If any provisions of this Agreement are held by any Court or other competent authority to be void or unenforceable in whole or in part this Agreement shall continue to be valid as to the other provisions and the remainder of the provisions shall not be affected.

8.4           This Agreement shall be governed by and construed in all respects in accordance with the United Kingdom and each party hereby submits to the exclusive jurisdiction of the courts of the United Kingdom.

8.5           No failure or delay by Home Report Scotland to exercise any of its rights under any part of this Agreement, or any time granted, will be deemed as a waiver of those rights.

9.         Notices

9.1           Any notices required by this Agreement may be given by hand or sent by post to the last known address of the relevant party.

9.2           Any notice given by post which is not returned to the sender as undelivered, shall be deemed to have been given on the third Working Day after the notice was posted. Proof that the envelope containing it was properly addressed, posted and that it has not been returned to sender, shall be sufficient evidence that such notice has been duly given.

10.          Use of Your data:

Your personal data will be processed to assist with the supply of a Home Report and the administration and servicing of any Finance Agreement. You have a right to receive a copy of the information Home Report Scotland holds about You if You apply to Home Report Scotland in writing. A fee will be payable. For further details of how we process and protect Your personal data please refer to the Privacy Policy on our website.

Part 2 – Single Survey Report & Energy Report:

1.             The Surveyor:

1.1           You have via Your order, instructed Home Report Scotland to engage a Surveyor to provide the Single Survey Report and the Energy Report (together the Reports). The Energy Report will be provided in the format prescribed by the accredited Energy Company.

1.2           Once You have conditionally accepted an offer to purchase made in writing, the Purchaser’s Lender or conveyancer may request that the Surveyor provides general comment on standard appropriate supplementary documentation. In the event of a significant amount of documentation being provided to the Surveyor, an additional fee may be incurred by the Purchaser. Any additional fee will be agreed in writing by the Surveyor and the Purchaser.

1.3           If information is provided to the Surveyor during the conveyancing process which materially affects the valuation stated in the Single Survey Report, the Surveyor reserve’s the right to reconsider the valuation which is included in the Single Survey Report. Where the Surveyor is required to amend the valuation in consequence of such information, they will issue an amended Single Survey Report to You. It is Your responsibility to ensure that the amended Single Survey Report is transmitted to every Prospective Purchaser.

1.4           The individual instructed to undertake the Single Survey Report will be a member of the Royal Institution of Chartered Surveyors who is competent to survey, value and report upon residential property. The Single Survey will be carried be in accordance with the current RICS Valuation Standards (the Red Book) and RICS Codes of Conduct.

1.5           If the Surveyor has had a previous business relationship within the past two years with  You or Your agent or relative, they will be obliged to advise You of this in writing. To ensure that all necessary disclosures are made, You must advise Home Report Scotland or the Surveyor if You are aware any such relationship.

1.6           Home Report Scotland has a written complaints handling procedure. This is available by visiting www.esurv.co.uk or by calling 0845 602 1315.

2.             The Reports:

2.1           The Surveyor will not provide amended Reports on the Property, except to correct factual inaccuracies.

2.2           The Reports will identify the nature and source of information relied upon in their preparation.

2.3           The Surveyor shall provide a Market Value of the Property, unless the condition of the Property is such that it would be inappropriate to do so. A final decision on whether a loan will be granted rests with the Lender who may impose retentions in line with their lending criteria. The date of condition and value of the Property will be at the date of inspection.

2.4           To date, Purchasers have normally obtained their own report from their chosen surveyor.  By contrast, a Single Survey Report is instructed by You and made available to all potential Purchasers in expectation that the successful Purchaser will be able to rely upon it.  RICS rules require disclosure of any potential conflict of interest when acting for a seller and a purchaser in the same transaction. The Single Survey Report may give rise to a conflict of interest and if this is of concern to any party they are advised to seek their own independent advice.

2.5           The Reports and any expressions or assessments in it are not intended as advice to You or a Purchaser, Prospective Purchaser or any other person in relation to an asking price or any other sales or marketing decisions. 

2.6           The Reports are based solely on the Property and should not be relied upon in any manner whatsoever when considering the valuation or condition of any other property.

2.7           If certain minor matters are mentioned in the Reports it should not be assumed that the Property is free of other minor defects.

2.8           Neither the whole nor any part of the Reports may be published in any way, reproduced or distributed by any party other than by You, any Prospective Purchasers and the Purchaser and their respective professional advisers without our prior written consent.

3.             Liability:

3.1           The Reports are prepared with the skill and care reasonably to be expected of a competent residential surveyor who is a member of RICS.

3.2           The Reports are addressed to You and are prepared in the expectation that it (or a complete copy) along with this Agreement (or a complete copy) would (or, as the case might be, would have been) be disclosed and delivered to

3.3           The Reports will be included in the Home Report which  You have commissioned.
3.4           Home Report Scotland acknowledges that their duty of skill and care in relation to the Reports is owed to  You and to the Purchaser only. It accepts no responsibility or liability whatsoever in relation to the Reports to persons other than  You and the Purchaser. You and Purchaser should be aware that if a Lender seeks to rely on the Reports they do so at their own risk. In particular, Home Report Scotland accept no responsibility or liability whatsoever to any Lender in relation to the Reports. Any such Lender relies upon the Reports entirely at their own risk.

4.             Intellectual Property:

All intellectual property rights whatsoever (including copyright) in and to the Reports, excluding the headings and rubrics, are the exclusive property of Home Report Scotland and shall remain their exclusive property unless they assign the same to any other party in writing.

5.             Delivery:

Home Report Scotland are entitled to refrain from delivering the Reports to anyone until our Fees and other charges for it which have notified have been paid. Additional fees will be charged for subsequent inspections and Reports.

6.             Conflict between Agreement & The Reports:

If there is any incompatibility between this Agreement and the Reports, this Agreement will take precedence.

Part 3 – Description of the Reports:

1.             The Service:

The Single Survey Report is a report by an independent surveyor, prepared in an objective way regarding the condition and value of the Property on the day of the inspection, and who is a member of the Royal Institution of Chartered Surveyors.  It includes an Energy Report as required by the Act and this is in the format of the accredited Energy Company.

2.             The Inspection:

2.1           The inspection is a general surface examination of those parts of the Property which are accessible: in other words, visible and readily available for examination from ground and floor levels, without risk of causing damage to the Property or injury to the Surveyor.

2.2           All references to visual inspection refer to an inspection from within the Property at floor level and from ground level within the site and adjoining public areas, without the need to move any obstructions.  Any references to left or right are taken facing the front of the Property.

2.3           The Inspection is carried out with Your permission, without causing damage to the building or contents. Furniture, stored items and insulation are not moved.

2.4           Unless identified in the report the Surveyor will assume that no harmful or hazardous materials have been used in the construction.  The presence or possible consequences of any site contamination will not be researched.

2.5           The Surveyor will not carry out an asbestos inspection, and will not be acting as an asbestos inspector in completing a Single Survey Report of properties that may fall within the Control of Asbestos in the Workplace Regulations (“Regulations”). In the case of flats it will be assumed that there is a duty holder, as defined in the Regulations and that a Register of Asbestos and effective Management Plan (as defined in the Regulations) is in place, which does not require any expenditure, or pose a significant risk to health. No enquiry of the duty holder will be made.

3.             The Single Survey Reports:

3.1           The Single Survey Report will be prepared by the individual Surveyor who carried out the Property inspection and will describe various aspects of the Property as defined by the headings of the Single Survey Report with the comments being general and unbiased.  The report on the location, style and condition of the Property, will be concise and will be restricted to matters that could have a material effect upon value and will omit items that, in the Surveyor’s opinion, are not significant.  If certain minor matters are mentioned, it should not be interpreted that the Property is free of any other minor defects.

3.2           Throughout the Single Survey Report, the following repair categories will be used to give an overall opinion of the state of repair and condition of the Property.

a.             Category 3:             Urgent repairs or replacement are needed now. Failure to deal with them may cause problems to other parts of the Property or cause a safety hazard.  Estimates for repairs or replacement are needed now.

b.             Category 2:             Repairs or replacement requiring future attention, but estimates are still advised.

c.             Category 1:             No immediate action or repair is needed.

WARNING:             If left unattended, even for a relatively short period, Category 2 repairs can rapidly develop into more serious Category 3 repairs.  The existence of Category 2 or Category 3 repairs may have an adverse effect on marketability, value and the sale price ultimately achieved for the Property.  This is particularly true during slow market conditions when the effect can be considerable.

3.3           Parts of the Property, which cannot be seen or accessed, will not be reported upon and this will be stated.  If the surveyor suspects that a defect may exist within an unexposed area and which could have a material effect upon the value, he may recommend further investigation by specialist contractors. 

4.             Services:

The Surveyor is not equipped or qualified to test the services and therefore no comment can be interpreted as implying that the design, installation and function of the services are in accordance/compliance with regulations, safety and efficiency expectations.  However, comment is made where there is cause to suspect significant defects or shortcomings with the installations.  No tests are made of any services or appliances.

5.             Accessibility:

A section is included to help identify the basic information interested parties need to know to decide whether to view a Property.

6.             Energy Report:

A section is included that makes provision for an Energy Report, relative to the Property. The Surveyor will collect physical data from the Property and provide such data in a format required by an accredited Energy Company. The Surveyor does not accept any liability for any advice given by the Energy Company.

7.             Valuation and Conveyancer Issues:

7.1           The last section of the Reports contains matters considered relevant to the conveyancer.  It also contains the Surveyor’s opinion both of the Market Value of the Property and of the re-instatement cost, as defined below.

“Market Value” is the estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing seller in an arm’s-length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently and without compulsion. In arriving at the opinion of the Market Value the surveyor also makes various standard assumptions covering, for example, vacant possession; tenure and other legal considerations; contamination and hazardous materials; the condition of un-inspected parts; the right to use mains services; and the exclusion of curtains, carpets etc. from the valuation.  In the case of flats, the following further assumptions are made that:

*There is no current dispute between the occupiers of the flats or any outstanding claims or losses; and the costs of repairs to the building are shared among the co-proprietors on an equitable basis.

Any additional assumption, or any found not to apply, is reported.

“Re-instatement cost” is an estimate for insurance purposes of the current cost of rebuilding the Property in its present form unless otherwise stated.  This includes the cost of rebuilding the garage and permanent outbuildings, site clearance and professional fees, but excludes Value Added Tax at the prevailing rate (except on the Fees).

7.2           You or any Prospective Purchasers may consider it prudent to instruct a re-inspection and revaluation after a period of 12 weeks (or sooner if appropriate) to reflect changing circumstances in the market and/or in the physical condition of the Property.

Part 4 – Payment Terms (including deferred payment arrangement):

1.             The Home Report can be paid for in two ways: (a) up front; and (b) by using the deferred payment arrangement made available by Close Brothers Limited (trading as Close Payment Services).

2.             On receipt of Your order, You will be sent an e-mail confirming receipt of the order and providing You with a unique reference number which You must input into www.packdetails.com. This is a secure site and enables You to make payment for the Home Report.

3.             Where You elect to pay up front, the Fee will be  collected via Your credit/debit card. Where You elect to pay using the deferred payment arrangement, You will enter into a finance agreement with Close Payment Services (Finance Agreement).  Pursuant to the Finance Agreement, Close Payment Services will pay the Fee due to Home Report Scotland on Your behalf and You will be liable to repay the Fee together with a £50 fee (payable at the commencement of the Finance Agreement) plus 10% of the Fee (the Finance Charges) to Close Payment Services, in accordance with the terms of the Finance Agreement (repayment is required on the sale of the Property or within 9 months for the date of the Finance Agreement, whichever occurs first).

4.             Please click on the link below if You wish to view a copy of the Finance Agreement.

5.             You have the right to cancel the deferred arrangement within 14 days from the date on which the Finance Agreement is concluded. In the event that You cancel the deferred arrangement, You will be liable to pay a Fee equivalent to the upfront Fee plus a £5 administration fee to Close Payment Services and the £50 finance charge will not be refunded.

Please Note that by cancelling the Finance Agreement the Home Report order and this Agreement will not cancel or terminate.

6.             The Finance Agreement is exempt from the Consumer Credit Act 1974 and is only available to consumers who have not been adjudged bankrupt and do not have an adverse credit history.

7.             Please note that missing any due payment could have severe consequences and make obtaining credit more difficult.

YOU ARE ADVISED TO RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

BY PRESSING THE TAB ‘ACCEPT’ BELOW YOU ARE CONFIRMING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU ARE READY TO COMPLETE YOUR ORDER. YOU MAY PRINT A COPY OF THESE TERMS AND CONDITIONS AT ANY TIME BEFORE YOU PRESS THE ‘ACCEPT’ TAB BUT WE WILL SEND YOU A COPY BY E-MAIL AFTER YOUR ORDER HAS BEEN PLACED. BY PRESSING THE TAB ‘ACCEPT’ YOU WILL NOT BE ENTITLED TO CANCEL THE ORDER UNDER ANY CIRCUMSTANCES AND YOUR CREDIT CARD/DEBIT CARD WILL BE CHARGED.

E.SURV LIMITED TRADING AS HOME REPORT SCOTLAND. E.SURV LIMITED IS REGISTERED FOR VALUE ADDED TAX PURPOSES UNDER REGISTRATION NUMBER 2264161.