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Aaen Peach Law

Online – Terms & Conditions

PLEASE READ IN CONJUNCTION WITH (1) YOUR SPECIFIC PURCHASE TERMS & CONDITIONS & (2) GENERAL TERMS & CONDITIONS.

A. Aaen Peach are registered in Scotland as Scottish Solicitors having their main trading address at 81 St Vincent Street, Glasgow G2 5TF and are regulated by the Law Society of Scotland under the Laws and Jurisdiction of Scotland. Your rights are protected by UK and EU Laws and Regulations. You agree to the terms of this contact in its entirety and accept that you are contracting with Aaen Peach for a Legal Facility only. The contract is formed under the basis that you have chosen a particular legal package and have capacity to contract and are 18 years old or above. The price paid is for the “Legal Facility” to cover legal work detailed in your legal pack chosen. This Legal Facility allows you to call on and use the legal services as per each legal pack under the terms of business as detailed below. For the avoidance of doubt the price paid for this Legal Facility is due for payment 15 days from the Contract Date. The Legal Facility is non refundable at this 15th day after the Contract Date. This Legal Facility allows you the client to use the legal services detailed in your chosen legal pack and extends if not used for a period of 2 years from the Contract Date whether used or not (subject to section B below). If you require other legal services not included in your chosen legal pack then further costs will apply. The payment for each additional (legal service) Legal Facility shall be regulated under these Terms and Conditions. All images shown on the website are for display purposes and shall not form part of the contract. Aaen Peach shall forward documentation as they consider appropriate to the service. On formation of this agreement your legal pack shall be posted out. For the avoidance of doubt Aaen Peach reserves the right to terminate the contract under the following terms;

  • In the event of any Conflict of Interest between Aaen Peach and you the client. Aaen Peach has the sole right to consider what constitutes a Conflict of Interest.
  • In the event that Aaen Peach consider that the actions of the client to be potentially illegal. Aaen Peach has the sole right to consider what constitutes potentially illegal.
  • In the event that Aaen Peach considers that the client is not accepting or disputing the legal advice provided, and or Aaen Peach consider that the client is acting in bad faith.

 

REFUND & RETURNS SUMMARY

The Consumer Contracts Regulations enable you to cancel in writing, by fax, post or by email within 15 Days of the purchase of the goods. Please direct postal notifications to Aaen Peach Law, 81 St Vincent Street, Glasgow, Scotland, UK G2 5TF. You can also email or contact Aaen Peach via the website www.aaenpeach-commecial.co.uk. If you do wish to cancel your service/product within this time a full refund will be provided subject to your non-use of the product. Your rights are protected under UK and EU law. Aaen Peach Law comply with all consumer Contract Regulations and all Distance selling laws.

You  have a 15 day cooling-off period from the day you place your order. Given the Distance Selling Regulations, you  waive your right to cancel a contract within this cooling-off period if you ask for the service to start and use the service straight away.  If you do choose to cancel an order within this time frame and the service has already started, you could be charged for the service that you have had the benefit of. For the avoidance of doubt the price paid for this Legal Facility is due for payment 15 days from the Contract Date(date of purchase) . The Legal Facility is non refundable at this 15th day after the Contract Date.

Right to cancel

You have the right to cancel the Legal Facility without having to give a reason at any time within the “cooling off period”. The cooling off period extends to fifteen days, beginning on the day after your “Contract date”. The Contract Date begins, when Aaen Peach agree to proceed with the work. This date shall be narrated in your Welcome Letter enclosing your Legal pack.Once you have notified us that you wish to cancel the contract (If within the terms of the Cooling off Period), any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation. You will not have any right to cancel a purchase for the supply of any Legal Facility service under the following:

  • For the supply of services already carried out by us or made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

  • In the event that Aaen Peach are instructed by you to purchase goods on your behalf or contract for services during this period you shall remain liable for those costs.

  • Where you have instructed us to undertake any of the legal work detailed in your Legal Facility (chosen Legal Pack).

 

B. Services – This Terms and Conditions apply to All Legal facilities purchased under the scope of your chosen legal pack originating from the initial Online Purchase. For the avoidance of doubt these products only cover legal services legally undertaken in Scotland and no other jurisdiction. Aaen Peach further make no representation and take no liability as to the suitability of any of the online services for your intended purpose or take any liability for your choice of legal package. Aaen Peach would always advise clients who are in any doubt to call our offices and purchase the normal (Non-Online) legal service if they are unsure as to which pack to purchase.  All terms and conditions are read in conjunction and under consideration that Aaen Peach are duty bound to operate under the Rule and Regulations set down by virtue of being Solicitors regulated to operate throughout Scotland.Prices noted are for our legal fees only and do not cover the costs to other parties or any other outlays incurred e.g. stamp duty, Registers of Scotland charges, Searches, Bank/Lenders Charges, Estate Agent Fees and removal costs   etc. This product is only available to buy online and is restricted to legal services in Scotland. For the avoidance of doubt, any purchase of this Legal Facility is for a service and you will not receive a physical pack. All images are for display purposes only. All costs and charges (if any required) are ingathered prior to settlement of the work and distributed and costs paid at or as soon as possible after settlement. Each Legal Facility (legal Pack) is for one service/Property transaction only. In the event that your transaction/service is aborted prior to any settlement or conclusion then the Legal facility is deemed to have been completed and the Legal Facility terminated. Failing this, the contract for the Legal Facility between you and Aaen Peach will automatically terminate upon the expiry of 2 years from the Contract Date or upon completion of the transaction/work.

C. Privacy Policy & 3rd Party Websites – Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfillment. Aaen Peach accepts no liability for information you provide to any third party website or entity for payment of our services. We will not record or have any responsibility for your method of payment, your payment details or any other information you provide, which shall be subject to the terms and conditions of any such third party website or entity that you agree to use, without any liability to Aaen Peach whatsoever. Aaen Peach makes no recommendation as to your chosen payment method.

D. Cookies & monitoring – Our website uses cookies to distinguish from other users of our website. Cookies also provide us with information about how this website is used so we can keep it is as up to date, relevant and error-free as possible. Further information about the types of cookies that may be used on this website please contact Aaen Peach.

E. Customer privacy rights – If you are concerned about your data, you have the right, subject to the payment of a small fee to request access to personal data which may hold or process about you.

F. Right to cancel – You have the right to cancel the Legal Facility without having to give a reason at any time within the “cooling off period”. The cooling off period extends to fourteen days, beginning on the day after your “Contract date”. The Contract Date begins, when Aaen Peach agree to proceed with the work. This date shall be narrated in your Welcome Letter enclosing your Legal pack.Once you have notified us that you wish to cancel the contract (If within the terms of the Cooling off Period), any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation. You will not have any right to cancel a purchase for the supply of any Legal Facility service under the following:

  • For the supply of services already carried out by us or made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
  • In the event that Aaen Peach are instructed by you to purchase goods on your behalf or contract for services during this period you shall remain liable for those costs.
  • Where you have instructed us to undertake any of the legal work detailed in your Legal Facility (chosen Legal Pack).

G. Notices – All notices you send us must be sent to the contact details on this site. We may give notice to you at either the email or postal address you provide to us when making a purchase. [Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.] In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.

H. Conclusion – These terms are governed by Scottish law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by Scottish law. You and we both agree that the courts of Scotland will have non-exclusive jurisdiction.

 

   Online – Specific Product Terms & Conditions

Purchase Gold Pack Terms

The Legal Facility we agree to offer in terms of the Gold Purchase Pack is strictly limited to: Drafting and negotiating of the contract (missives); Electronic Identification Costs; File setup costs; Unlimited offers submitted for property; Dedicated point of contact; Post & Incidents costs;  Email and telephone communication costs; Application for registration to Registers of Scotland; Up to 2 Bank transfer charges where payment is made by electronic transfer; Dealings with your mortgage lender; Registration of 1 Standard Security; Dealings with a factor (if appropriate); A local authority purchase transaction (if appropriate); Inland Revenue SDLT return; Buyer’s protection for the fee charged for work done; and Dealing where the transaction involves a first registration on the Land Register. Prices noted are for our legal fees only and do not cover the costs to other parties or any other outlays incurred e.g. stamp duty, Registers of Scotland charges, Searches, Bank/Lenders Charges, Estate Agent Fees and removal costs etc. Titles and properties that are defective or require works under the Council of Mortgage Lenders Rules for approval may require additional services not covered by the basic packs. Please note that this product is only available to buy online and is restricted to legal transactions in Scotland. For the avoidance of doubt, any purchase of this Legal Facility is for a service and you will not receive a physical pack.

By purchasing the Gold Purchase Pack, you agree that your payment only covers the works outlined above. For the avoidance of doubt, any outlays payable to third parties and incurred in connection with your transaction shall be in addition to the costs of your pack. Any additional work undertaken by us on your behalf or instruction by you in relation to additional work shall be carried out in accordance with our fees and conditions specified in our General Terms and Conditions, which accompany this document and form part of our contract with you.

Purchase Silver Pack Terms

The Legal Facility we agree to offer in terms of the Silver Purchase Pack is strictly limited to: Drafting and negotiating of the contract (missives); Electronic Identification Costs; File setup costs; Up to 4 offers submitted for property; Dedicated point of contact; Post & Incidents costs;  Email and telephone communication costs; Application for registration to Registers of Scotland; 1 Bank transfer charge where payment is made by electronic transfer; Dealings with your mortgage lender; Registration of 1 Standard Security; and Dealings with a factor (if appropriate). Prices noted are for our legal fees only and do not cover the costs to other parties or any other outlays incurred e.g. stamp duty, Registers of Scotland charges, Searches, Bank/Lenders Charges, Estate Agent Fees and removal costs etc. Titles and properties that are defective or require works under the Council of Mortgage Lenders Rules for approval may require additional services not covered by the basic packs. Please note that this product is only available to buy online and is restricted to legal transactions in Scotland. For the avoidance of doubt, any purchase of this Legal Facility is for a service and you will not receive a physical pack.

By purchasing the Silver Purchase Pack, you agree that your payment only covers the works outlined above. For the avoidance of doubt, any outlays payable to third parties and incurred in connection with your transaction shall be in addition to the costs of your pack. Any additional work undertaken by us on your behalf or instruction by you in relation to additional work shall be carried out in accordance with our fees and conditions specified in our General Terms and Conditions, which accompany this document and form part of our contract with you.

Purchase Copper Pack Terms

The Legal Facility we agree to offer in terms of the Copper Purchase Pack is strictly limited to: Drafting and negotiating of the contract (missives); Electronic Identification Costs; File setup costs; Up to 2 offers submitted for property; Dedicated point of contact; Application for registration to Registers of Scotland; Post & Incidents costs; and Email and telephone communication costs. Prices noted are for our legal fees only and do not cover the costs to other parties or any other outlays incurred e.g. stamp duty, Registers of Scotland charges, Searches, Bank/Lenders Charges, Estate Agent Fees and removal costs etc. Titles and properties that are defective or require works under the Council of Mortgage Lenders Rules for approval may require additional services not covered by the basic packs. Please note that this product is only available to buy online and is restricted to legal transactions in Scotland. For the avoidance of doubt, any purchase of this Legal Facility is for a service and you will not receive a physical pack.

By purchasing the Copper Purchase Pack, you agree that your payment only covers the works outlined above. For the avoidance of doubt, any outlays payable to third parties and incurred in connection with your transaction shall be in addition to the costs of your pack. Any additional work undertaken by us on your behalf or instruction by you in relation to additional work shall be carried out in accordance with our fees and conditions specified in our General Terms and Conditions, which accompany this document and form part of our contract with you.

Sale Gold Pack Terms

The Legal Facility we agree to offer in terms of the Gold Sale Pack is strictly limited to: Drafting and negotiating of the contract (missives); Electronic Identification Costs; File setup costs; Setup of the title pack (MOT); Dedicated point of contact; Post & Incidents costs; Email and telephone communication costs; Application for registration to Registers of Scotland; Up to 2 bank transfer charges where payment is made by electronic transfer; Dealings with your mortgage lender; Discharge of up to 2 Standard Securities; Dealings with your factor (if appropriate); A local authority buy back transaction (if appropriate); Storage of your title deeds; Seller’s protection for the fee charged for work done; and Dealing where the transaction involves a first registration on the Land Register. Prices noted are for our legal fees only and do not cover the costs to other parties or any other outlays incurred e.g. stamp duty, Registers of Scotland charges, Searches, Bank/Lenders Charges, Estate Agent Fees and removal costs etc. Titles and properties that are defective or require works under the Council of Mortgage Lenders Rules for approval may require additional services not covered by the basic packs. Please note that this product is only available to buy online and is restricted to legal transactions in Scotland. For the avoidance of doubt, any purchase of this Legal Facility is for a service and you will not receive a physical pack.

By purchasing the Gold Sale Pack, you agree that your payment only covers the works outlined above. For the avoidance of doubt, any outlays payable to third parties and incurred in connection with your transaction shall be in addition to the costs of your pack. Any additional work undertaken by us on your behalf or instruction by you in relation to additional work shall be carried out in accordance with our fees and conditions specified in our General Terms and Conditions, which accompany this document and form part of our contract with you.

Sale Silver Pack Terms

The Legal Facility we agree to offer in terms of the Silver Sale Pack is strictly limited to: Drafting and negotiating of the contract (missives); Electronic Identification Costs; File setup costs; Setup of the title pack (MOT); Dedicated point of contact; Post & Incidents costs;  Email and telephone communication costs; Application for registration to Registers of Scotland; 1 Bank transfer charge where payment is made by electronic transfer; Dealings with your mortgage lender; Discharge of 1 Standard Security; and Dealings with your factor (if appropriate). Prices noted are for our legal fees only and do not cover the costs to other parties or any other outlays incurred e.g. stamp duty, Registers of Scotland charges, Searches, Bank/Lenders Charges, Estate Agent Fees and removal costs etc. Titles and properties that are defective or require works under the Council of Mortgage Lenders Rules for approval may require additional services not covered by the basic packs. Please note that this product is only available to buy online and is restricted to legal transactions in Scotland. For the avoidance of doubt, any purchase of this Legal Facility is for a service and you will not receive a physical pack.

By purchasing the Silver Sale Pack, you agree that your payment only covers the works outlined above. For the avoidance of doubt, any outlays payable to third parties and incurred in connection with your transaction shall be in addition to the costs of your pack. Any additional work undertaken by us on your behalf or instruction by you in relation to additional work shall be carried out in accordance with our fees and conditions specified in our General Terms and Conditions, which accompany this document and form part of our contract with you.

Sale Copper Pack Terms

The Legal Facility we agree to offer in terms of the Copper Sale Pack is strictly limited to: Drafting and negotiating of the contract (missives); Electronic Identification Costs; File setup costs; Setup of the title pack (MOT); Dedicated point of contact; Post & Incidents costs; and Email and telephone communication costs. Prices noted are for our legal fees only and do not cover the costs to other parties or any other outlays incurred e.g. stamp duty, Registers of Scotland charges, Searches, Bank/Lenders Charges, Estate Agent Fees and removal costs etc. Titles and properties that are defective or require works under the Council of Mortgage Lenders Rules for approval may require additional services not covered by the basic packs. Please note that this product is only available to buy online and is restricted to legal transactions in Scotland. For the avoidance of doubt, any purchase of this Legal Facility is for a service and you will not receive a physical pack.

By purchasing the Copper Sale Pack, you agree that your payment only covers the works outlined above. For the avoidance of doubt, any outlays payable to third parties and incurred in connection with your transaction shall be in addition to the costs of your pack. Any additional work undertaken by us on your behalf or instruction by you in relation to additional work shall be carried out in accordance with our fees and conditions specified in our General Terms and Conditions, which accompany this document and form part of our contract with you.

Remortgage Pack Terms

The Legal Facility we agree to offer by Aaen Peach includes ID Checks, File Set Up, Dedicated Contact, Registers Application, Email & Telephone, Post & Incidents, 1 Standard Security, 1 Discharge and dealing with your bank. Prices noted are for our legal fees only and do not cover the costs to other parties or any other outlays incurred e.g. stamp duty, Registers of Scotland charges, Searches, Bank/Lenders Charges, Estate Agent Fees and removal costs etc. Titles and properties that are defective or require works under the Council of Mortgage Lenders Rules for approval may require additional services not covered by the basic packs. Please note that this product is only available to buy online and is restricted to legal transactions in Scotland. For the avoidance of doubt, any purchase of this Legal Facility is for a service and you will not receive a physical pack.

By purchasing the Remortgage Pack, you agree that your payment only covers the works outlined above. For the avoidance of doubt, any outlays payable to third parties and incurred in connection with your transaction shall be in addition to the costs of your pack. Any additional work undertaken by us on your behalf or instruction by you in relation to additional work shall be carried out in accordance with our fees and conditions specified in our General Terms and Conditions, which accompany this document and form part of our contract with you

Title Transfer Pack Terms

The Legal Facility we agree to offer by Aaen Peach includes ID Checks, File Set Up, Dedicated Contact, Registers Application, E-mail & Telephone & Post & Incidents. Please read the Terms of Business and the specific terms of each pack. Prices noted are for our legal fees only and do not cover the costs to other parties or any other outlays incurred e.g. stamp duty, Registers of Scotland charges, Searches, Bank/Lenders Charges, Estate Agent Fees and removal costs etc. Titles and properties that are defective or require works under the Council of Mortgage Lenders Rules for approval may require additional services not covered by the basic packs. Please note that this product is only available to buy online and is restricted to legal transactions in Scotland. Any purchase of this Legal Facility is for a service and you will not receive a physical pack.

By purchasing the Title Transfer Pack, you agree that your payment only covers the works outlined above. For the avoidance of doubt, any outlays payable to third parties and incurred in connection with your transaction shall be in addition to the costs of your pack. Any additional work undertaken by us on your behalf or instruction by you in relation to additional work shall be carried out in accordance with our fees and conditions specified in our General Terms and Conditions, which accompany this document and form part of our contract with you

Basic Power Of Attorney Pack terms

The Legal Facility we agree to offer by Aaen Peach includes ID Checks, File Set Up, Dedicated Contact, Email & Telephone & Post & Incidents, preparation of a standard non registered power of attorney. This basic power of attorney is used to aid clients sign and make representations if they have capacity but are away and unable to sign or make representations themselves. It allows an appointed representative (of your choosing) to undertake on their behalf. Please note that this product is only available to buy online and is restricted to legal transactions in Scotland. For the avoidance of doubt, any purchase of this Legal Facility is for a service and you will not receive a physical pack.

By purchasing the basic power of attorney pack, you agree that your payment only covers the works outlined above. For the avoidance of doubt, if there are any outlays payable to third parties and incurred in connection with your drafting and instructions they shall be in addition to the costs of your pack. Any additional work undertaken by us on your behalf or instruction by you in relation to additional work shall be carried out in accordance with our fees and conditions specified in our General Terms and Conditions, which accompany this document and form part of our contract with you

Welfare Power Of Attorney Pack terms

The Legal Facility we agree to offer by Aaen Peach includes ID Checks, File Set Up, Dedicated Contact, Email & Telephone & Post & Incidents, preparation of an Officially Registered Welfare power of attorney, included in the price shall be the preparation of a mental health check to ensure that the deed cannot be challenged, and official and legally binding consents. The Welfare Power of Attorney is an official and registered legal document. This allows your representative to look after your welfare (only) affairs in the unfortunate situation where you loose your mental capacity. Please note that this product is only available to buy online and is restricted to legal transactions in Scotland. For the avoidance of doubt, any purchase of this Legal Facility is for a service and you will not receive a physical pack.

By purchasing the welfare power of attorney pack, you agree that your payment only covers the works outlined above. For the avoidance of doubt, if there are any outlays payable to third parties and incurred in connection with your drafting and instructions they shall be in addition to the costs of your pack. Any additional work undertaken by us on your behalf or instruction by you in relation to additional work shall be carried out in accordance with our fees and conditions specified in our General Terms and Conditions, which accompany this document and form part of our contract with you.

Financial Power Of Attorney Pack terms

The Legal Facility we agree to offer by Aaen Peach includes ID Checks, File Set Up, Dedicated Contact, Email & Telephone & Post & Incidents, preparation of an Officially Registered Welfare power of attorney, included in the price shall be the preparation of a mental health check to ensure that the deed cannot be challenged, and official and legally binding consents. The Financial Power of Attorney is an official and registered legal document. This allows your representative to look after your Financial (only) affairs in the unfortunate situation where you loose your mental capacity; it can also start prior to the loss of capacity. Please note that this product is only available to buy online and is restricted to legal transactions in Scotland. For the avoidance of doubt, any purchase of this Legal Facility is for a service and you will not receive a physical pack.

By purchasing the financial power of attorney pack, you agree that your payment only covers the works outlined above. For the avoidance of doubt, if there are any outlays payable to third parties and incurred in connection with your drafting and instructions they shall be in addition to the costs of your pack. Any additional work undertaken by us on your behalf or instruction by you in relation to additional work shall be carried out in accordance with our fees and conditions specified in our General Terms and Conditions, which accompany this document and form part of our contract with you.

Full Power Of Attorney Pack terms

The Legal Facility we agree to offer offered by Aaen Peach includes ID Checks, File Set Up, Dedicated Contact, Email & Telephone & Post & Incidents, preparation of an Officially Registered Full power of attorney, included in the price shall be the preparation of a mental health check to ensure that the deed cannot be challenged, and official and legally binding consents. Having Full Power involves both a Welfare and Financial Power of Attorney and is an official and registered legal document. This allows your representative to look after your financial and welfare affairs in the unfortunate situation where you loose your mental capacity. This pack allows you to be fully covered and looked after. Please note that this product is only available to buy online and is restricted to legal transactions in Scotland. For the avoidance of doubt, any purchase of this Legal Facility is for a service and you will not receive a physical pack.

By purchasing the full power of attorney pack, you agree that your payment only covers the works outlined above. For the avoidance of doubt, if there are any outlays payable to third parties and incurred in connection with your drafting and instructions they shall be in addition to the costs of your pack. Any additional work undertaken by us on your behalf or instruction by you in relation to additional work shall be carried out in accordance with our fees and conditions specified in our General Terms and Conditions, which accompany this document and form part of our contract with you.

Will Pack Terms

The Legal Facility we agree to offer offered by Aaen Peach includes ID Checks, File Set Up, Dedicated Contact, Email & Telephone & Post & Incidents, preparation of an Will, included in the price shall be the preparation of the deed to avoid being challenged on a legal drafting position, with official and legally binding consents if required. This Will is a legal drafting service for one Will only and as such we do not provide Tax, or inheritance planning advice. We advise clients to ensure that if they discuss matters with their inheritance and tax planner. Please note that this product is only available to buy online and is restricted to legal jurisdiction in Scotland. For the avoidance of doubt, any purchase of this Legal Facility is for a service and you will not receive a physical pack.

By purchasing Will pack, you agree that your payment only covers the works outlined above. For the avoidance of doubt, if there are any outlays payable to third parties and incurred in connection with your drafting and instructions they shall be in addition to the costs of your pack. Any additional work undertaken by us on your behalf or instruction by you in relation to additional work shall be carried out in accordance with our fees and conditions specified in our General Terms and Conditions, which accompany this document and form part of our contract with you.

 

Online – General Terms & Conditions

1.0 Normal working Hours & Conditions of Instruction Monday to Thursday 9.00am – 5.00pm & Friday 9.00am – 4.30pm, subject to Holidays and Staff Training.Clients are required to provide Aaen Peach with accurate, honest and timely information and instructions where Aaen Peach has requested this. Aaen Peach is reliant on the information provided by clients and as such the legal advice provided is based on the information provided by clients. Instructions may be given to Aaen Peach in writing, by e-mail, or verbally. Where Aaen Peach do act for more than one person, each person for whom we work is equally responsible for the instructions given to Aaen Peach and for payment of the fees and all outlays (including but not restricted to searches, bank charges, post & incidents, third party costs, reports and registration) required by lenders and or other parties in connection with the transaction.

If Aaen Peach are given instructions by a private limited company then, unless otherwise agreed with clients in advance, it is a condition of accepting these instructions that the Directors are jointly and severally liable along with the Company for payment of the fees and costs and any interest thereon. Unless Aaen Peach agree otherwise in writing, we shall assume that where we act for more than one person but only one of them instructs Aaen Peach, that person has the authority of the other(s) to do so.

Aaen Peach will return telephone calls on the day of receipt if before 3pm and on the following working day if after 3pm.They will respond toe-mails as soon as possible but due to the increasingly aggressive nature of spam filters, they cannot guarantee times or even in some cases delivery or messages and/or attachments. Aaen Peach urges all clients to telephone or post instructions. Aaen Peach will respond to mail/postal correspondence within one week of receipt.It is the client’s responsibility to return any documents Aaen Peach send clients that require a signature / completion as quickly as possible. Aaen Peach does not accept responsibility for any delay or additional knock on costs and effects due to the late return of documents by clients.

This Terms of Business forms the contract between clients and Aaen Peach. Clients and Aaen Peach shall rely on this Terms of Business to regulate and set out the expected roles, costs and conduct of the parties. All Terms of Business are provided at the outset of each transaction and by continuing to instruct Aaen Peach in this matter both parties accept and agree with the terms of this contract in its entirety. As such you agree to fully indemnify Aaen Peach for the costs of undertaking your transaction.

Given the very complex nature of legal work the unknown demands of other parties, unknown limits to client’s instructions, condition of the property, lenders requirements, local authorities and government bodies,  Aaen Peach do not provide a fixed fee and your quote/estimate cannot be construed as a final or maximum amount to be paid. Aaen Peach cannot provide an all inclusive sum in advance for work or the outlays. Where possible, Aaen Peach have detailed costs contained in this contract and as such rely on either party raising any questions or issue(s) prior to undertaking further work.

Clients must advise Aaen Peach of any adverse matters over the property being transacted. Amongst other things, Aaen Peach require to know the rough age of the property; if clients are aware of any alterations;  additions to the property; If clients are aware of any claims; if clients are aware of any issues or circumstances which may cause delay; or are aware of any defects over the property. Aaen Peach require to know if clients are aware of or have suspicions of any disputes, court action, (inc pending or proposed) over the property or developments or flooding and or contaminated land over or near the property. Where property defects; undisclosed debts; securities; charges; alterations; boundary/access issues; disputes; involvement of third parties and contracts affecting the transaction occur, extra costs will be involved. If you are aware of any issues affecting the property or your circumstances Aaen Peach require clients to let them know as soon as they are aware or suspect any potential issues with the property, personal circumstances or that of the client’s lender issues. Clients agree in good faith to disclose all information to Aaen Peach as soon as possible. Delays and expense can arise by withholding or not disclosing potential issues. As a result of late notification or lack of notice provided by clients to Aaen Peach the costs to rectify the issue can be far higher and timescales significantly increased. You are required to disclose any potential issue in advance to Aaen Peach. Please call to discuss if you are in any doubt. Aaen Peach accepts no responsibility for costs or delays where the client has withheld information.

 It is the client’s responsibility to ensure that any buildings insurance is in place for the appropriate amount from the date of conclusion of contracts for your transaction. It is the client’s responsibility to sign, return and provide any if required NHBC/Buildmark documents for their property and to interact with the builder and NHBC over new build properties. Clients remain liable for incidental outlays (e.g. notice of change of ownership, extracts or quick copies of prior deeds e.t.c.) which might arise or require to be obtained during the course of the transaction.

1.1 Fees-In the event of the work required involving more than the normal time or being of an unusually complex nature the proposed fee will require to be increased.  The quoted fee is based upon the price and where applicable the loan stated.  Variation in price and /or loan will result in a variation of the fees. For the avoidance of doubt you are liable for all payments to your lender, this includes situations where your redemption sum provided to us varies.

1.2 Conflict of Interest – We cannot act for two or more parties if they have conflicting interests.  Please advise us at the outset if you are aware of any potential conflicts which may arise.  If we decide that we can still act (i.e. if you are one of the exceptions to the general rule) we will confirm this to you. During the course of your transaction, additional work may be required for which we will charge an additional fee.  If additional work is required you will be responsible for paying our additional fees together with any third party expenses involved.  You will be advised by us of any additional work that may be required as soon as it has been identified as necessary unless we have already detailed our charges for this work with these terms of business.

1.3 Payment Methods – All outstanding fees and third party expenses and any balance of the funds required to complete, require to be paid to Aaen Peach and cleared  through the banking system prior to completion. For the avoidance of doubt cleared funds will be either:

(a)        A personal cheque (made payable to ‘Aaen Peach Solicitors’) to be received by us at least Ten working days prior to completion; or

(b)   A telegraphic transfer to be received by us at least two working days prior to completion. The cost of any transfer shall be at the expense of the client.

If payment is made by way of telegraphic transfer, it is the client’s responsibility to provide evidence from their bank demonstrating that the funds have come from their own bank account.

2.0 Mortgage Offer – It is the client’s responsibility to ensure that we are in receipt of your original written mortgage offer (we will not accept a faxed copy of your mortgage offer) from your lender if required at least fourteen days prior to your completion date. If using a mortgage/funding then it is the client’s responsibility to ensure that funds are in place for the date of entry or any subsequent amendment to the completion date. Clients must ensure that Aaen Peach are in receipt of the clients original and full legal mortgage/loan agreement  at least fourteen days prior to completion. Aaen Peach will not be responsible for chasing the mortgage offer or any amendment to the mortgage offer under any circumstances or for any issues arising from the late receipt of the loan papers. Clients are responsible for the arrangement of any amendment to their mortgage offer or similar loan.

Client’s lenders will provide Aaen Peach with a detailed request and strict criteria that they MUST comply with prior to releasing funds. In many cases Aaen Peach will require further information from clients to comply with the loan terms. Clients must without  delay provide, sign or warrant the information required by the lender, failing which clients accept that re-negotiation with the lender may cause delay, additional costs and in some cases withdrawal of the loan agreement. Aaen Peach cannot be held liable for requests by lenders or any subsequent action by the loan company.  Given the differing costs and requests of lenders/banks, the fee for the work Aaen Peach require to undertake for a client’s lender shall be the sum if detailed by the client’s lender/bank in their loan papers as prescribed by the clients chosen lender or a minimum of seventy five pounds + vat £75+vat. Aaen Peach is not responsible for the terms of the mortgage offer or the amount of loan as it is the client’s responsibility to check this. Aaen Peach is not regulated to provide financial advice and as such clients require to make their own enquiries and if in any doubt check with an independent suitably qualified third party. In aiding clients and the client’s lender to secure or discharge any loan, Aaen Peach are not providing financial advice on the products or the suitability of any agreement or decision taken. Clients will remain liable to Aaen Peach for any additional fee incurred as a result of additional work undertaken by Aaen Peach in relation to any lender matter.

2.1 Money Laundering and Confidentiality – The Money Laundering Regulations and The Law requires Aaen Peach to be satisfied as to the identity of its clients and as to the source of any funds passing through its hands. To protect and secure clients client ID, Aaen Peach require proof of identity in the form of Photo Passport, and or Driving License and a Utility bill and or bank statement dated within 3 months showing your current address. They further carry out an electronic money laundering and identity verification check for which there is a charge of £7.50+vat, seven pounds fifty pence + vat per check if not already included in your chosen package.

In the event that Aaen Peach are unable to obtain electronic verification or that they need to be satisfied as to the source of funds passing through their Firms bank accounts, Aaen Peach may need to ask clients for further proof of identity and or source of funds. All information passed   is kept confidential and will not be disclosed to third parties unless authorised by clients or as required by law. All papers and files relating to the transaction will be stored by Aaen Peach or its appointed representative. Please note that if clients fail to provide such documentation on request, the transaction may be delayed and Aaen Peach take no responsibility or accept liability for any such delay where clients have failed to provide such documentation or have to send funds from an account not belonging to the client. Aaen Peach make no guarantee that any work will be completed to any deadline within 4 weeks of instruction should client identification (of which suitability Aaen Peach shall be the sole judge) not be received timeously prior to that period. For the avoidance of doubt, Aaen Peach will not accept or act on any instructions until such identification as above has been provided.

2.2 Dealing with Banks / Building Society – Aaen Peach shall obtain the redemption figure(s) if required and forward to the clients for checking prior to any discharge. The fee for this work if it is required shall be £75+vat, seventy five pounds + vat per discharge check if not already included in your chosen package. Variation in price and /or loan will result in a variation of the fees and for the avoidance of doubt, clients are liable for all payments to their lender(s), including situations where the redemption sum provided to Aaen Peach varies. In the event of the work required involving more than the normal time or being of an unusually complex nature the proposed fee may require to be increased, at which stage Aaen Peach would advise you and discuss matters. Loans paid off or accounts/charges closed which still require to be formally discharged can cause delay and extra costs. You must advise us if this is the case as your bank may not provide Aaen Peach with the usual initial documents.

2.3 Bank Transfer Fees and Redemption of Mortgage –  Where Aaen Peach redeem your mortgage, they require to add up to 10 days interest in accordance with the lender’s direction to allow for clearance and to ensure that there is no shortfall with a client’s repayment, Please note that Aaen Peach shall electronically/CHAP’s repay the loan if possible, when the funds clear. Bank charges for Telegraphic Transfer Fee (CHAP) or payments to any account shall be £45+vat forty five pounds + vat check if not already included in your chosen package. Please note that it may take your lender OVER 30 days to close an account and this could result in the lender/bank taking further payments.  Clients should ensure that they manage and have made arrangements with their lender and if required, cancelled any payment on an agreed date. Early Redemption Charges (ERC) and Special Funding Agreements with Lenders (SFA); If clients are exempt from payment of the ERC or have reached a SFA which differs from or is not shown on your redemption statement, please ensure that your lender or financial adviser can provide written confirmation from the lender to show the agreement. Aaen Peach will require to be paid if they require to reach or negotiate an agreement with your lender, to obtain such written confirmation: A sum of £100+vat one hundred pounds + vat shall be charged to cover the works check if not already included in your chosen package. In the event that Aaen Peach are required to discharge or redeem additional loans, Aaen Peach will charge a fee of £75+vat, seventy five pounds+ vat check if not already included in your chosen package for each security or loan.

3.0 Title Deeds – Upon completion of your transaction Aaen Peach require to transfer/send your registered title deeds to the client’s primary mortgage lender. If the lender no longer secure stores the deeds for the clients or If you do not have a mortgage lender. Aaen Peach require charge you a fee of £20+vat, twenty pounds +vat to (insure/secure) forward them to you and provide the appropriate confirmations / certified copies to your lender to allow release of the deeds to the client, clients can arrange to uplift the deeds without cost and as such do not require to pay the secure and insured sending costs. Clients may wish to instruct us to retain your title deeds for safe keeping, in which case a storage fee of £75+vat, seventy five pounds+vat will be applicable check if not already included in your chosen package. Lenders who normally store deeds for clients usually charge a fee of between one hundred and twenty five and one hundred and seventy five pounds (added to the mortgage).

4.0 Survey and Home Reports – It is the client’s responsibility to alert Aaen Peach to any issue that the surveyor has identified as soon as possible and liaise with the surveyor if they wish further in depth reports or structural reports. Aaen Peach do not visit the subjects and are reliant on the information and instructions provided by the clients. Aaen Peach will rely on the clients to advise of any issues that arise in the Home Report or valuation and take no responsibility for any delay in the settlement of the transaction where clients do not make Aaen Peach aware of any such issues. In the event that Aaen Peach are involved in the procurement of documentation for any alterations to the property, they require to charge a fee of £150+vat one hundred and fifty pounds + vat, for each deed.

As Aaen Peach do not always receive a copy of the survey or home report, it is the clients responsibility to ensure that they are satisfied with the report and that if selling or transferring / remortgaging the clients have in place the correct documentation for all alterations noted in the survey valuation/Home Report. Aaen Peach will not be responsible for chasing your survey report or surveyor under any circumstances, nor for any issues arising where client’s have not advised Aaen Peach. In the event that the client  advises us that the property they are buying has been identified by the surveyor as being structurally altered, Aaen Peach will only request to examine the appropriate local authority documentation from the seller in the event that such structural alterations are less than 20 years old. Aaen Peach will not be involved in or responsible for ensuring that a survey or Home Report is suitable for (i) your own lender; or (ii) the lender of any purchaser of your property.

4.1 Contaminated Land and Flooding Risk Assessment – Aaen Peach do not provide advice on environmental law matters or contaminated land matters and exclude any liability in relation to these matters. Areas of ground can be affected by contaminated land and or subject to the risk of flooding.

Given that the sellers of properties do not necessarily provide reports to aid in any extensive investigation clients must tell Aaen Peach if they wish Aaen Peach to purchase reports on the above matters. If you wish Aaen Peach to order the reports relating to any potentially contaminated land and provide a flood risk assessment they can provide both for £150+vat, one hundred and fifty pounds + vat. Aaen Peach will not provide clients with any advice on any such report and it is the client’s responsibility to ensure that they make their own enquiries with regard to any queries they may have regarding any such report.

4.2 Documents supplied by third parties to you – Aaen Peach will not be responsible for chasing of documents where clients are in direct contact with a third party. If Aaen Peach require to work with third parties or other Solicitors to the transaction, Aaen Peach shall require to charge a fee of £75+vat, seventy five pounds + vat. If they require to make payments on your behalf to third parties Aaen Peach shall require to charge £45+vat, forty five pounds+ vat. On the occasion where clients, other solicitors or the client’s lender require Aaen Peach to provide a written legal undertaking and or certificates of execution, Aaen Peach can (to an insurance maximum of two million pounds) for a sum of two hundred and fifty pounds +vat. Undertakings are complex, and as such clients are specifically asked to discuss this requirement well in advance. as they can be very complex In some cases given the risk taken by the firm  an undertaking cannot be formally issued.

4.3 Post settlement claims and disputes – Aaen Peach do not undertake litigation legal work and are therefore unable to carry out any work on the client’s behalf relating to post settlement claims and disputes. If any post settlement claims or disputes arise in terms of the missives Aaen Peach will intimate these on the client’s behalf but thereafter the client will require to instruct other legal agents to act on their behalf should the client wish to pursue any such matter further. As your agents, Aaen Peach require and you agree that in the event of any post settlement dispute Aaen Peach can provide your forwarding address to allow direct communication between the parties in the dispute.  In the event that there is a time limit imposed for intimation of a claim in terms of the missives it will be the client’s responsibility to ensure that they make contact in sufficient time to have this intimated timeously.

4.4 Buying from a Builder/Company & Properties Inducing First Registration with Registers of Scotland- In the event that the clients have instructed Aaen Peach in a transaction with a property from a developer, builder or Repossession Company/Bank, new build or a property that is recorded in the Register of Sasines, this shall attract a fee of £100+vat, one hundred pounds + vat check if not already included in your chosen package to cover the additional work required to be undertaken. Please note that in the case of a new build property, it is usual for the purchaser in this case to pay for their own searches over the seller and the property and you shall remain liable for the expenses of any search.

5.0 Complaints Procedure- Aaen Peach hope that you will have no cause for complaint but in accordance with the Scottish Legal Complaints Commission requirements, we have a formal complaints procedure.  Should you wish to raise a formal complaint, in the first instance this must be addressed in writing (not email) to the Partner at Aaen Peach, (Sverre Aaen), setting out the detailed and factual circumstances surrounding your grievance and posted to our main offices.

5.1 Confidentiality/Administration charge-As the transaction will involve aspects of work other than legal work, Aaen Peach shall accept instructions from clients only on condition that they agree to allow us to share information from your file with any third party who supplies support services to us. Aaen Peach reserve the right to disburse to any third party such sums as reasonably required for marketing, introduction or other associated service provided to them. Any such sum will be at the discretion of Aaen Peach, will be paid by the client directly, and shall be deducted from the chargeable element of any work done by Aaen Peach without further cost to client. By instructing Aaen Peach, the client agrees to this provision.

6.0 Utility suppliers, Home Reports, Energy Performance Certificates and local authority taxes– It is the client’s responsibility to satisfy themselves in regards to utility suppliers, information contained in any Home Report and Energy Performance Certificate and any applicable Council Tax payments and banding for any property.

7.0 Stamp Duty Land Tax (SDLT) Forms-SDLT is a tax on transactions, not documents. When you buy a property or land, clients are required to complete a Inland Revenue Tax Return, (land transaction return (SDLT1)) and send it to Her Majesty’s Revenue and Customs (HMRC) with the appropriate National Insurance/VAT numbers and client details for certification.  Aaen Peach will complete and submit the return on the clients behalf but client’s are legally responsible for the information submitted. This is required when applying to the Registers of Scotland for registration of the title in your name.  The Registers of Scotland will not register your title without it. Aaen Peach shall make the clients Inland Revenue Tax Return, (land transaction return (SDLT1)) application Online for the completion of the SDLT1. They will charge an additional fee of £90+vat, ninety pounds +vat for this service check if not already included in your chosen package.Unless Aaen Peach hear from you to the contrary we will assume that clients find it to be in order and authorise Aaen Peach to undertake the work and sign it and submit it to Her Majesty’s Revenue and Customs (HMRC) on the client’s behalf.

7.1 Registers of Scotland- Registers of Scotland have changed their policy and advised that any required amendment to any application for registration will now attract a fee. They have also changed their policy to charge for pre-registration checks and enquiries. As a result Aaen Peach will charge clients £90+vat, ninety pounds + vat check if not already included in your chosen package to cover the above works applicable for the transaction. This charge is payable to Aaen Peach and will apply where Aaen Peach have to submit an application of any kind on behalf of the client to Registers of Scotland and will apply frequently in any purchase or re-mortgage transaction. Clients instruct Aaen Peach on the basis that clients accept that they may be subject to additional costs payable to Registers of Scotland for pre-registration enquiries that previously were not chargeable by them.

7.2 Post & Incidents We will charge a fee of £50+vat, fifty pounds +vat check if not already included in your chosen package to cover these costs.

7.3 Factors Clients require to advise Aaen Peach of the details of any factor, if any, as soon as possible. In the event that Aaen Peach are required to retain funds on the clients behalf for future factoring invoices, they shall do so on the clients  behalf on their client account ledger and shall not be liable to pay or account for any interest on any held sum. If the factor or a third party has raised a Notice of any Potential Liability for Costs, Statutory Notice or a Repairs Grant over the property Aaen Peach will require to discharge and or deal with each entry this will cost £100+vat,one hundred pounds + vat for each raised notice. In the event that factor funds that are held are not required, we reserve the right to return these funds to you at a time chosen by us under deduction of a reasonable administration fee that shall not exceed £45+vat,forty five pounds +vat check if not already included in your chosen package. Any funds held by Aaen Peach in their client account for clients are not interest bearing.

8.0 Files- The client accepts that their file will be destroyed by Aaen Peach without the client’s agreement following completion of the transaction concerned, after a period of time deemed appropriate by Aaen Peach, irrespective of current Law Society guidelines on the subject.  If the client requires Aaen Peach to deliver their file or files to a third party, it will only be released by Aaen Peach (provided it has not already been destroyed) following payment being made to Aaen Peach, in full, for all work carried out by Aaen Peach on the client’s behalf.  Aaen Peach specifically reserves the right to retain all client files on that basis.

8.1 Shared Ownership and Equity – Due to the very complex nature of these transactions laid down by the Scottish Government and lenders, clients will require to pay numerous third party costs and charges, registration and search costs. Please contact Aaen Peach to find out more as each contract differs and extra costs can amount to over four hundred pounds.

8.2 Free Proceeds– Transactions in Scotland are normally settled by bank cheque. There can be some exceptions and clients must advise Aaen Peach if they wish to try and negotiate for settlement by cleared funds. Please note that this is sometimes not possible. If the client does not specifically instruct Aaen Peach to settle any transaction by bank transfer, then Aaen Peach will assume that settlement by bank cheque will be acceptable to the client. Any free proceeds from your transaction will be forwarded to clients not before 4 working days following completion/clearing of funds, of the transaction. Aaen Peach will forward the free proceeds by telegraphic transfer to the clients nominated account (they shall charge a fee of £45+vat,forty five pounds +vat check if not already included in your chosen package for this service to cover bank charges) provided that clients have supplied the necessary details to do so, or you have requested we forward the proceeds to the clients by cheque. Please be aware that Aaen Peach can only disburse proceeds to the client and not to a third party.

8.3 Search Costs The client by their instruction authorises Aaen Peach to obtain such searches as deemed necessary by Aaen Peach solely, and agrees to pay Aaen Peach the costs of any such searches.

Please note that this instruction and scope of legal work with regard to the above quote is strictly limited to the transfer of legal title to or from the single other party. Aaen Peach’s fee quote does not cover any additional work that they may have to undertake on the client’s behalf, for example where Aaen Peach require to undertake additional work on behalf of your mortgage lender, or where further work is required to rectify a title issue, survey query, notice or other issue arising from a search report. By instructing Aaen Peach you agree to these terms. It is based upon the price and where applicable the loan stated. We may have to pay Registers of Scotland, search agencies and or bank charges etc on your behalf.  Aaen Peach prefer not to ask clients to pay for these costs during the transaction but would rather clear any charges/outlays on the date of entry from your settlement funds. If you wish to pay your own costs in advance please let Aaen Peach know. Please note that the instruction by clients with regard to the above quote is strictly limited to the transfer of legal title/funding. The fee quote does not cover any additional work the clients your behalf, for example where documentation is required for alterations to your property, or where further work is required to rectify a title defect, notice or issue arising from a search report. By instructing Aaen Peach you agree to these terms.

Headings in this document are for rough guidance only Aaen Peach request all clients read the whole terms of business and advise us if you have any questions.  Aaen Peach specifically issue this terms of business at the outset of any work. They do so for clients to ensure that ample time can be afforded to avoiding any misunderstanding and to help clients understand the process, costs and timescales at the outset of each transaction. Aaen Peach appreciate that not all law firms provide such detailed information at this early stage, but Aaen Peach firmly believe in providing as much information at the outset of any work to clients to ensure as smooth and transparent a process as possible.

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