Invesmore Consulting Agreement

Caveat: this may not be our exact current consulting agreement. 

(Agreement)

 

Between

 

Invesmore Real Estate Ltd

(Consultant)

 

And

 

[Client’s name]______________________

(Client)

 

Who has been referred to Invesmore via

_________________________________

 

Date:_______________________________

Background

  1. The Client is of the opinion that the Consultant has the necessary experience and abilities to provide Services as outlined in clause 4 to the client.
  2. The Consultant is agreeable to providing the below listed services to the Client on the Terms and Conditions set out in this Agreement.
  3. Definitions
    1. Services are the activities carried out by Invesmore on your behalf as outlined in  clause 4.
    2. The Payment (“Payment”) is the consultancy fee in lieu of Services
    3. The seller (“Seller”) is the owner of the property you wish to purchase.
    4. The buyer (“Buyer”) is the signatory or relevant associated or related parties to the signatory of this contract benefiting from Services who has been referred to us from UK Property Box Ltd or who is a resident in Hong Kong.
    5. Invesmore will act on your behalf as a consultant (“Consultant”) in the recommendation and purchase negotiations in respect to property purchases under this agreement. 
    6. For the purpose of this agreement, “negotiate” (“Negotiate”) refers to the property purchasing negotiations We will undertake on your behalf between You and the seller of the property which You wish to buy. 
    7. The Discount (“Discount”) is the deduction from the usual cost of Invesmore’s consultancy services to You. 
    8. The Discount Rate (“Discount Rate”) is the deduction from the usual cost of Invesmore’s consultancy services to You as agreed in this agreement.. 
    9. No sale, no fee (“No Sale, No Fee”) means fees for Services are only payable upon exchange of contracts prior to completion of a sale of a property.
    10. Normal fees (“Normal Fees”) are £2,800 for properties where the agreed sale price is below £70,000.  The maximum payment for Services is £6,800 where the agreed sale price is above £175,000. For all property where the agreed sale price is between £70,000 and £175,000, the payment for Services will be equivalent to 4% of the agreed sale price. 

The below clauses make up the Agreement between the Client (“You, Your”) and the Consultant (Invesmore Real Estate Ltd)(“Invesmore, Us, We, Our”), a company registered in England and Wales, Companies House registration number 12675758, whose registered office is at 4 Bolton Street, Ramsbottom, Bury, BL0 9HX. 

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Consultant (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

Services

  1. The Client agrees to engage the Consultant to provide the Client with the following services (“Services”) :
  • Parties agree criteria for Your required properties
  • We will identify and supply details of suitable properties for You based on agreed criteria
  • We will negotiate and/or make offers on Your behalf for a mutually agreed number of shortlisted properties which You intend to buy.
  • Subject to Your approval, We will negotiate a reservation of the property on which You have made the accepted offer.

Terms and Conditions

  1. You are under no obligation to purchase property through Invesmore. However, You authorise Invesmore to contact You when suitable property opportunities arise.
  2. You acknowledge and agree that:
    1. All information sent to You by Invesmore is private and confidential and should not be discussed with any third party unrelated to the Agreement between You and Invesmore. For the purpose of this clause, “All information” includes all suggested properties for purchase, their relevant information and/or any additional information that concerns said property that We have presented to You during the term of this Agreement. It includes any photographs, floor plans, sizes, specification and price of the property.
    2. During the term of this Agreement We may conduct reviews of properties with You which includes the usage of our InvesFinder platform, which contains Confidential Information. You agree not to disclose such information with any third party unrelated to the Agreement.
    3. Not all the properties introduced by Invesmore will match Your requirements in every respect
    4. A property may be withdrawn from the market before or after You receive details of it from Invesmore
    5. The details contained and any information provided to You are for guidance only. Any photographs, floor plans, sizes and specification are subject to changes and only give a general indication of a property. The Market Value of the property is an estimated value. It is based on comparable properties for sale or sold in the area as well as Invesmore’s opinion
    6. You shall satisfy yourself as to the correctness of any information provided by Invesmore before purchasing a property
    7. The seller may withdraw from the sale or change the price of a property at any time
    8. Invesmore does not offer any legal, financial, tax, accounting or other specialist advice
    9. Invesmore have recommended that You take appropriate legal and other advice and to use the services of solicitors, financial advisers and other specialists, whose fees You are solely responsible for
    10. The choice of property You choose to acquire is Your responsibility
  3. Invesmore gives notice and You acknowledge that, in respect of any particulars of a property provided to You:
    1. The particulars do not constitute any part of an offer or a contract
    2. All statements made in the particulars are made without responsibility on the part of Invesmore 
    3. None of the statements contained in the particulars is to be relied on as a statement or representation of fact
    4. The Seller does not make or give, and neither Invesmore nor any person in its or their employment has any authority to make or give, any representation or warranty whatsoever in relation to the property
  4. While Invesmore endeavours to recommend only reliable and reputable providers of such services as finance, legal, or any other associated services, Invesmore shall not be held responsible or liable for any loss or damage resulting from such recommendations. All contracts for such services shall be between You and the service provider in question, and Invesmore shall not be liable for any loss or damage arising from such contracts.

Performance

  1. The Parties agree to take every reasonable action necessary to ensure that the terms of this Agreement take effect.
  2. Invesmore shall endeavour to ensure that all information passed to You about any property is accurate and does not mislead. However, Invesmore is not responsible for the accuracy of any information provided to Invesmore by the sellers of properties or their agents or for the accuracy of any entry in any public register, and shall not be liable for any loss or damage resulting from the inaccuracy of any such information. Invesmore shall use reasonable endeavours to highlight any material inaccuracies of which it or they are aware, but shall not verify any information provided to it or them unless instructed by You to do so.

Currency

  1. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP(£).

Fees 

  1. Payment for Services is on a No Sale, No Fee basis.
  2. Whilst Invesmore requires Payment for Services on exchange of contracts on the property You are buying, in the event where Invesmore has received Payment for Services and the property sale does not complete for any reason, Invesmore will refund any paid Services fees to you.
  3. The Discount Rate offered to You is a ______% Discount from the Normal fees without Discount required for Services. 
  4. In lieu of the Discount Rate offered to you, on exchange of contracts the minimum Payment to Invesmore for Services is £_______  for properties where the agreed sale price is below £70,000.  The maximum payment for Services is £________ where the agreed sale price is above £175,000. For all property where the agreed sale price is between £70,000 and £175,000, the payment for Services will be equivalent to ______% of the agreed sale price. 
  5. The Payment is calculated according to clause 15 and the agreed purchase price of the property between the buyer and seller in lieu of Services.
  6. The exact Consultancy Fee for Services will be agreed and communicated to you via email as confirmation once an agreed purchase price for a recommended property has been agreed between You and the Seller. 
  7. Indicative fees for Services are shown on Invesmore’s cost calculator found on https://invesmore.com/realestate/pricing/ 

Payment Method

As per clause 14, all Fees will be paid into our nominated account. Details of the account: 


Account holder: Invesmore Real Estate Ltd

Sort code: 00-00-00

Account number: 00000000

IBAN: XX00 XXXX 0000 0000 0000 00

Bank Address: TransferWise, 56 Shoreditch High Street, London, E1 6JJ, United Kingdom

When making transfers to Invesmore Real Estate Ltd please reference you Invesmore unique identifier. It will look similar to: INVES-001000

Full and Accurate Disclosures

  1. To the best of Your knowledge, no statement of fact made by You in this Agreement or any information provided by You in the online Invesmore Fact Finder form contains any untrue and/or inaccurate information of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. In this event, Invesmore reserves the right to terminate this Agreement immediately and can retain any previous Deposits paid by You for the Services of Invesmore.
  2. Invesmore also has the right to deny any or all services from Invesmore Real Estate Ltd or it’s partner services providers now or in the future for You and/or any persons associated with You. 

Confidentiality

  1. Confidential information (“Confidential Information”) refers to any data or information relating to You, whether business or personal, which would reasonably be considered to be private or proprietary to You and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to You.
  2. Invesmore agrees that We will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which We have obtained, except as authorised by You or as required by law. The obligations of confidentiality will apply during the term and will survive indefinitely upon termination of this Agreement.
  3. All written and oral information and material disclosed or provided by You to Us under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to Us.

Autonomy

  1. Except as otherwise provided in this Agreement, Invesmore will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. Invesmore will work autonomously and not at the direction of You. However, Invesmore will endeavour to provide a satisfactory service.

No Exclusivity

  1. The Parties acknowledge that this Agreement is non-exclusive and that You will be free, during and after this Agreement, to engage or contract with third parties for the provision of services similar to the Services.

Indemnification

  1. You shall indemnify and hold harmless Invesmore from and against all Claims and Losses arising from loss, damage, liability, injury to Invesmore, it’s or their employees, workers, contractors or any self-employed individuals who work within the scope of Invesmore and third parties, by reason of or arising out of any act, omission, delay or representation made by You, or in relation to any false or erroneous information provided by You to Invesmore. For the purpose of this clause ‘Claims’ shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and ‘Losses’ shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.
  2. Invesmore shall not be liable to You in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.

Modification of Agreement

  1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.

Termination of Agreement

  1. Invesmore reserves the right to terminate this Agreement with You by issuing 7 days written notice at any time, providing You do not have an ongoing property transaction related to this contract. In this event, the Agreement between You and Invesmore will be terminated once said transaction has completed and no fees are outstanding from either Parties.
  2. You have the right to terminate this Agreement 14 days after commencement with 14 days written notice, providing You do not have an ongoing property transaction related to this contract. In this event, the Agreement between You and Invesmore will be terminated once said transaction has completed and no fees are outstanding from either Parties.

Entire Agreement

  1. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Titles/Headings

  1. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

  1. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

  1. This Agreement is governed by, and is to be construed in accordance with, English law. The English Courts will have non-exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, this Agreement.

Severability

  1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

  1. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or any other provision of this Agreement.

 

The above clauses form part of the Invesmore Property Consulting Agreement as amended from time to time. By signing this Agreement You expressly agrees to have accepted and be bound by the above clauses. Unless otherwise expressly agreed herein or in writing by a director of Invesmore Real Estate Ltd all Services will be subject to the terms of these clauses, and these clauses shall remain in place unless this Agreement is terminated by either party.

Fees Payable: 

No fee is payable until the client has exchanged on a property Invesmore Real Estate has introduced under the terms of this contract.

Payment Terms: 

7 days on exchange of contracts on a property Invesmore Real Estate has introduced under the terms of this contract.

 

SIGNED for and on behalf of Invesmore Real Estate Ltd by:

Name:     _____________________________________________________   

Position: _____________________________________________________ 

 

Signature: ____________________________________________________

Date:________________________________________________________


SIGNED for and on behalf of the Client(s) by:

Name(s):_____________________________________________________

Address(s):___________________________________________________

____________________________________________________________

 

Signature(s):__________________________________________________

Date:________________________________________________________