General Terms and Conditions of Business

1. Management of the Transaction/Matter
   1. Most of the work in this matter will be dealt with by a Solicitor or Lawyer personally and you can also in their absence contact any member of staff who we are sure will be able to assist you or take messages.
   2. We are happy to receive instructions from you directly or from another person on your behalf. However, before we can take instructions from any other party we require you to confirm to us in writing the name of the person so instructed.
   3. As a firm, we endeavour to offer all our clients an efficient and effective service and we are am confident that we will do so in this case. If, for any reason, you have concerns that your matter is not being dealt with satisfactorily, we would be grateful if you could adopt the following approach:
      • In the first instance please raise any concern direct with the person acting for you and they will endeavour to deal with the problem for you. If you are dissatisfied with the response you should:
      • Contact one of the partners, Michael Baker or Jane Whiting, direct and draw to his/her attention your concern and he/she will independently investigate it and communicate direct with you thereon.

2. Appointments

   To ensure our availability when you come into our offices we would prefer to see you by prior appointment. We cannot always guarantee our availability when clients come in without an appointment, although we do try to fit in clients at short notice when called upon to do so. We are also able to make special arrangements to see Clients outside of normal office hours so that you might not have to take time off work. Our office hours are 9.00-5.00 Monday to Friday and 10.00 – 1.00 on Saturday.

3. Charges

   Our charges for this matter will be in accordance with the estimate provided to you, either verbally or written. A breakdown of the work covered by the estimate is attached to any written estimate provided. This estimate may be changed in certain circumstances - in particular, if there is any change in the Fee Orders relating to Land Tax, Land Registry fees or Search fees and other disbursements and also if there is any variation in the value of the transaction or if the nature of the work undertaken differs from that on which the fee estimate is based, if the amount of time work or skill required for the proper conduct of the transaction is significantly more than initially expected or if the matter requires expedition or special consideration. Also, if the matter does not proceed to completion and proves abortive a charge will be made for any work carried out by this firm to the date that instructions are withdrawn. Abortive matters will not be charged beyond the most up to date estimate provided to you.

   Furthermore, this estimate takes into account all normal attendances expected when handling a transaction of this type. The estimate does not take account of attendances outside our offices or normal offices hours and where these take place a number of times, may be chargeable for at the firm’s discretion.

   Where our charges are likely to go beyond the initial estimate given, you will be advised of our hourly rate and the estimated additional time to be spent. All time spent will be subject to our time recording system to justify our charges and we are more than happy to provide a full breakdown of our costs when called upon to do so.

   If we are instructed in a matter where an estimate is not able to be provided, we will inform you and confirm to you our hourly charging rate. Invoices will be raised approximately every three months and on completion of the matter.

4. Payments On Account

   It is the normal practise of this firm to require a general payment on account to cover disbursements of the transaction if any are expected. This is because some of the expenses, such as any court fees, Local Search fee, Drainage Search fee and Environmental Search fee will have to be paid to others in the early stages of the transaction e.g. in conveyancing purchase transactions a remittance of £300.00 would be appropriate to cover the aforementioned disbursements. This sum will, of course, be deductible from our final account.

5. Indemnity Insurance

   Our Estimate may include in addition to the basic charge an additional fixed fee which is set out in respect of Indemnity Insurance. The purpose of this insurance is to cover the firm in the unlikely event of a professional indemnity claim arising out of the transaction and you will be protected by these insurance arrangements. As a firm we boast an excellent claims record but under recommendation by the Law Society are obliged to include this charge.

6. Settlement of the Transaction

   All accounts with us are payable within thirty days of its conclusion or, for a conveyancing transaction, on the day of completion. The firm may utilise monies held on account for you to cover outstanding charges.

   Should accounts not be settled in the time limit as set out above we reserve the right to charge interest. Interest will be charged from the date of our Bill until payment. The interest rate will be five per cent above the base rate of Barclays Bank plc as may change from time to time during that period.

   After completion of a transaction we are entitled to keep any papers and/or documents whilst monies are owing to us. We will hold our file for seven years from the completion of the transaction and understand that we have your authority to destroy the file after seven years. We will not destroy any deeds you ask us to retain on your behalf and these are available on request. We make no charge at present for the storage of items such as Deeds and, if we are holding any on your behalf, we will write to you should these circumstances change.

7. Acting for a Lender

   If you are borrowing funds for this transaction, it is likely that we will be called upon to act for your lender as well. Under our terms and Conditions with them we will be obliged to pass on information you provide to us which might be relevant to their decision whether or not to finance the transaction. If you disclose to us information that you do not wish passed on to the lender which we are, under their terms and conditions, obliged to disclose to them, we may have to stop acting for the lender, and in extreme cases, yourself, due to a conflict of interest.

8. Client identity

   We as Solicitors are under a duty imposed upon us by The Law Society and the Government to obtain evidence of identity from you for the purposes of investigating money laundering and fraud. This means that I will have to be provided with some personal documentation to confirm your identity. To enable me to do this, I would be grateful if you could provide:

   1. A copy of your current signed Passport or a copy of your photocard Driving Licence to confirm your identity.
   2. a recent Bank or Credit Card Statement, Gas, Electricity or other household bill to confirm your address.

   These will be copied and the originals returned to you.

9. Money Laundering

   For the protection of all of our Clients my firm operates a money laundering reporting procedure. In certain circumstances information will be revealed by us to the appropriate authorities in relation to any suspicion of money laundering. Please note that it is our legal duty to release information about money laundering to authorised government bodies and a court is able to override our duty of confidentiality we owe to you or our duty to put your interests first.

10. Financial Services

    This firm is not authorised by the financial services authority. However, we are included on the Register maintained by the Financial Services Authority so that we can carry on insurance mediation activity, which is broadly advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or address if something goes wrong is regulated by the Law Society. The register can be accessed via the financial services authority web site at www.fsa.gov.uk/register. We are not authorised to advise independently on insurance but only where insurance matters form part of the normal and general business for matters on which we are instructed.

11. Data Protection

    This firm is regulated by and operates under the Data Protection Act 1998. The information you provide us with during the course of our acting on your behalf will be used solely for the purpose of fulfilling our instructions from you. It may be necessary for us to release information held about you on a strictly confidential basis to other advisors acting on your behalf, such as Counsel. If you do not wish us to release information held on you under any circumstances (except when demanded by law) we would be obliged if you would express this in writing.

12. Referral Agreements

    You may have been referred to us via a third party company. Any referral fee payable by us to any third party company is not passed on to our Clients and no confidential information is passed between us and any third party unless specifically requested by you.

13. Governing Law

    These terms and conditions shall be governed by and construed in accordance with English Law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

14. Service of Proceedings

    This firm accepts no notices or service of any proceedings by e-mail.

15. Agreement

    In order to confirm receipt of this letter and acknowledgement of the Terms of Engagement it contains, I should be grateful if you would return the attached copy of this letter duly signed. If you continue to instruct me or this firm prior to returning a copy of this letter it shall be deemed that you have agreed to this firm’s terms and conditions as set out above. Unless otherwise agreed, these terms of business apply to any future instruction you give us.

Terms and Conditions Of Online Conveyancing Quotes

1. General

   The quote as received in response to the submission of our online form is made on the following basis:

   1. The estimate is valid for one month.
   2. The estimate is based on a level 2 fee earner carrying out all work involved in the transaction (a level two fee earner having a minimum standing of Associate of the Institute of Legal Executives).
   3. Where an estimate has been provided from several sources i.e. third parties, written estimates, whichever estimate you received first will prevail unless otherwise agreed.
   4. The estimate is based on a standard transaction. Work involved and exclusions are set out below:

      The Work Involved - Purchase

      What we do:

      • Investigating the Seller’s Title to the property to ensure you will obtain good title as Purchaser.
      • Obtaining information from your Sellers in respect of the property including a completed Sellers Property Information Form and Fixtures Fittings and Contents Form, checking the same and confirming they represent what you are purchasing.
      • Submitting all appropriate searches in connection with your instructions, Checking the results thereof and enquiring as necessary.
      • Raising enquiries as necessary based on the results of the Property Information Forms and Search results.
      • Corresponding with all third parties i.e. search companies, surveyor etc and the Seller’s Solicitor.
      • Negotiating the terms of Contract and any special provisions to be applied.
      • Preparing for you and arranging for you to sign the Contract once the terms thereof have been negotiated.
      • Exchanging Contracts with the Seller’s Solicitors and sending any deposit to be paid.
      • Submitting Requisitions on Title to the Seller’s Solicitors.
      • Drafting the form of transfer and submitting the same for approval.
      • Preparing a final completion statement calculating all costs and disbursements and the balance required from you to complete the purchase.
      • Sending the purchase monies and informing all parties of this. Confirming to you that the purchase is completed once receipt of the funds has been confirmed by the Seller’s Solicitors.
      • Submitting the Stamp Duty to the Inland Revenue.
      • Submitting form AP1 to the Land Registry to confirm register your title to the property.
      • Reporting to you with any outstanding issues.

      Exclusions

      Unless confirmed to you in writing at the commencement of the transaction, this estimate covers all work involved in a standard straightforward purchase. Our charges are made on the assumption that:

      • The Title Deeds to the property are in good order, readily available and up to date.
      • The property has a single registered title which is clear.
      • The purchase is on the basis of a single Contract and Transfer.
      • The transaction adheres to standard timescales i.e. more than one week between exchange and Completion, the entire process taking more than one month to complete from start to finish.
      • Up to two and a half hours will be spent on the file in perusing, correspondence, investigating documents etc, which is sufficient time for a standard transaction.
      • Up to one hour and a half hours will be spent on the phone to you keeping you informed of progress.
      • Time spent in excess of the above is chargeable at a rate of £75.00 per hour (for commercial properties this is £200 per hour).
      • The estimate is provided on the basis that a £50.00 discount is applied to our bill as a gesture of goodwill for your leaving a review on reallymoving.com (if applicable) / www.bakermacdonald.co.uk (via the contact us form) after the requested completion date. (We do not demand a positive review – just honesty). If a review is not provided the goodwill gesture may be revoked at our discretion

      Consequently, should the purchase prove to have complex aspects that require a significantly larger amount of time to be spent on it, or special requirements have to be adhered to (whether or not requested by you in respect of any abnormal circumstances that may arise during the course of the transaction) we may have to increase our charges.

      Examples of issues that would be prone to incurring additional charges, and which are not considered normal are (but not limited to):

      • Arranging Statutory Declarations in respect of unregistered land, use of a piece of land or rights of way, access and/or use.
      • Significant negotiations in respect of allowances to be made due to physical issues relating to the property.
      • Negotiating additional legal documentation in respect of defective titles.
      • Arranging indemnity insurance against any title defects.
      • Dealing with significant post completion issues.

      The Work Involved - Sale

      What we do:

      • Obtaining an official up to date copy of the title documents to the property from H M Land Registry.
      • Preparing a Contract for sale and submitting it for approval to the Buyers Solicitors together with copies of the Title Documentation.
      • Obtaining information from you in respect of the property including a completed Sellers Property Information Form and Fixtures Fittings and Contents Form.
      • Dealing with Enquiries raised by the Buyers Solicitors arising from your replies to the above referred to forms.
      • Replying to Enquiries raised by the Buyers Solicitors in respect of the Title to the property or; if the property is Leasehold, obtaining information from the Landlord or managing agents.
      • Corresponding with your agent (if applicable) and the Buyers Solicitor.
      • Negotiating the terms of Contract and any special provisions to be applied.
      • Arranging for you to sign the Contract once the terms thereof have been negotiated.
      • Exchanging Contracts with the Buyer’s Solicitors and receiving any deposit to be paid.
      • Obtaining your estate agents commission account (if applicable).
      • Providing replies to Requisitions on Title submitted by the Buyer’s Solicitors.
      • Approving the form of Transfer and obtaining your signature to it.
      • Preparing a final completion statement calculating all costs and disbursements and the net proceeds of sale due to you.
      • Receiving the sale monies and informing all parties that the sale has been completed.
      • Sending the final documentation to the Buyers Solicitors.
      • Paying the estate agents commission on your behalf.
      • Forwarding form DS1 or END1 to the Buyers Solicitors once received from your mortgagees.
      • Arranging to reassign any life assurance polices.
      • Reporting to you with any outstanding issues.

Exceptions, Exclusions & Miscellaneous

Unless confirmed to you in writing at the commencement of the transaction, this estimate covers all work involved in a standard straightforward sale. Our charges are made on the assumption that.

• The Title Deeds to the property are in good order, readily available and up to date.
• The property has a single registered title which is clear.
• The sale is on the basis of a single Contract and Transfer.
• Our actions and advice in connection with post completion issues will be of a routine nature and no significant extra time is required to be spent on these issues.
• The transaction adheres to standard timescales i.e. more than one week between exchange and Completion, the entire process taking more than one month to complete from start to finish.
• Up to two and a half hours will be spent on the file in perusing, correspondence, investigating documents etc, which is sufficient time for a standard transaction.
• Up to one hour will be spent on the phone to you keeping you informed of progress.
• Time spent in excess of the above is chargeable at a rate of £75.00 per hour (for commercial properties this is £200 per hour).
• The estimate is provided on the basis that a £50.00 discount has been applied to our bill as a gesture of goodwill for your leaving a review on reallymoving.com / www.bakermacdonald.co.uk (via the contact us form) after the requested completion date. (We do not demand a positive review – just honesty). If a review is not provided the goodwill gesture may be revoked at our discretion.

Accordingly, Should the sale prove to have complex aspects that require a significantly larger amount of time to be spent on it, or special requirements have to be adhered to (whether requested by you in respect of any abnormal circumstances that may arise during the course of the transaction) our estimate may be greater than that shown. We will advise you as soon as we become aware that a significant increase of our costs is required and provide you with a revised estimate or written confirmation of our hourly rate or charge.

Examples of issues that would be prone to incurring additional charges, (but not limited to):

• Arranging Statutory Declarations in respect of unregistered land, use of a piece of land or rights of way, access and/or use.
• Negotiating additional legal documentation in respect of defective titles.
• Arranging indemnity insurance against any title defects.
• Dealing with significant post completion issues.

TERMS AND CONDITIONS FOR REALLYMOVING.com APPLICANTS

This Estimate is provided on the same terms as quotations obtained through our website direct with the following additional provisions

1. The estimate is provided on the basis that a £50.00 discount has been applied to our bill as a gesture of goodwill for your leaving a review on reallymoving.com after the requested completion date. (We do not demand a positive review – just honesty). If a review is not provided the goodwill gesture may be revoked at our discretion.
2. The work carried out is on a time recorded basis, with allowance made for all standard work to be incorporated into any fixed quote provided. If work is carried out beyond the scope of the original estimate, our charges may be revised.