Terms and Conditions

Home Report Company is a website owned and managed by Phinda Limited.

Phinda Limited is registered in Scotland under number SC480674. Registered Office: 14 Rutland Square, Edinburgh EH1 2BD.

Your completion of the on-line ordering process or by ordering via telephone, fax, post or email and/or agreement to pay for a Home Report, Valuation Report or Energy Performance Certificate creates a binding agreement with us and it is important that you read and understand our terms and conditions before making an order. If you have any queries you should contact Phinda Ltd t/a Home Report Company. Phinda Ltd t/a Home Report Company reserves the right to amend this agreement from time to time and new versions of this agreement will be posted on the Home Report Company web site.

General

These are the Terms & Conditions of the Agreement that you are deemed to accept when ordering a Home Report, Valuation Report or Energy Performance Certificate or any other services from Phinda Ltd t/a Home Report Company. This Agreement is made between the person, firm, company or other party ordering a Home Report, Valuation Report or Energy Performance Certificate or any other services (the "Customer" "you" or "your") and Phinda Ltd t/a Home Report Company ("Phinda Ltd t/a Home Report Company" "we" "us" or "our"). The date of this Agreement is deemed to be the date of the order of the Home Report, Valuation Report or Energy Performance Certificate or any other service.

1.0 Definitions and Interpretation

1.1 The following words will have the meanings ascribed to them:
When payment is being made to us by the Seller, they are the "Customer" under the terms of this agreement.
When payment is being made to us by the Estate Agent or other agent, they are the "Customer" under the terms of this agreement.
"HR" means the Home Report you are ordering from us through our online website facility, "VR" means the Valuation Report you are ordering from us through our online website facility, "EPC" means the Energy Performance Certificate you are ordering from us through our online website facility.
"Property" means the property for which the HR/EPC or any other services is being provided.
"Working Day" means Mondays to Fridays except for public holidays.
"Order" means your completion of our on-line ordering process or by ordering via telephone, fax, post or email and/or agreement to pay for us to provide you with a HR/EPC and/or any other additional service for you or the property.
"Report" and "Third Party Report" means any report(s) you have asked us to deliver to you within the HR/EPC as detailed in the order.
"Services" means our compiling and delivery of the reports and HR/EPC and/or any other additional service.
"Required Information" means all the necessary information we require from the customer to complete a HR/EPC for the property in accordance with the Housing (Scotland) Act 2006 and any amending Regulations.
1.2 Headings used in this Agreement are for convenience only and shall not affect their interpretation.

2.0 Your Obligations

2.1 You will provide us with the Required Information.
2.2 You will at your expense provide all such information & co-operation as is reasonably required to enable us to provide the services. This shall include giving clear and safe access to all of the Premises, and ensuring that it is safe for the CS to conduct the required survey.
2.3 You will ensure not to leave any child under the age of 16 alone to supervise the HR assessment.
2.4 If there is any conflict between a provision of any Third Party Reports relating to your permitted use of the Reports and the corresponding provisions in the terms of this agreement, the provisions of the Reports will prevail.

3.0 Our Obligations

3.1 We reserve the right to reject an order and if not rejected we may refuse to provide the services at any time without giving any reason, in which circumstances a proportional refund of any payment would be made. Each order if not rejected by us will constitute a separate and severable agreement.
3.2 We will use our reasonable endeavours to ensure that the information contained within any report is accurate at the date of its publication. You accept, however, that information on which any report is based may be subject to change from the date of its publication and we cannot be held liable for failing to include or omit any information in the report which becomes available after the date of publication.
3.3 Any indication that we may give as to the time in which we will deliver the reports will be a good faith estimate only. We will use all reasonable endeavours to deliver the reports within the time-scale that we have estimated.
3.4 Subject to anything else contained within the terms of this agreement, all other warranties, conditions, terms, undertakings and obligations, whether express or implied are expressly excluded.
3.5 We will begin compiling or actioning the HR/EPC or any other service that is being provided for the property or for you in accordance with your order immediately upon the placement of your order.
3.6 A full Home Report for a registered freehold property will usually be produced within 2 Working Days and an EPC within 2 Working Days although this is not guaranteed and other types of properties particularly leasehold properties will usually take longer to produce.
3.7 We do not provide mortgage valuations, as these do not form part of the legal Home Report; therefore panelling is irrelevant.
3.8 An EPC shall consist of an assessment of the Premises by the CS and subsequent submission of an EPC. The CS will not provide a survey, condition report or property valuation. Any additional services will be dealt with by a separate contract. The CS will undertake a visual assessment and will not look at parts of the Premises which are covered, unexposed or inaccessible. The CS will not pull up carpets or floor boards, or test the services within the Premises. Lofts will only be visually inspected if it is safe to do so, access is within 3 metres of floor level & it will not damage the Premises.
3.9 When you place an order with us, we will send you an email confirming receipt of your order.

4.0 Confidentiality & Data Protection

All personal information relating to the HR/EPC, will be treated as private & confidential by both parties, and will not be disclosed to any other parties without written consent.
Both parties shall comply with their obligations under the Data Protection Act 1998. The client will be entitled to see any of their Personal Data held by us or the CS.

5.0 Cancellation

If you decide to cancel prior to the inspection being carried out and 7 days after the date of ordering, Phinda Ltd t/a Home Report Company will be entitled to retain a flat fee of £50 for expenses reasonably incurred.
If you cancel your Home Report on the agreed date of the inspection or the Surveyor cannot gain entry to undertake the inspection, you will be charged 50% of the total fee.
If you cancel your EPC on the agreed date of the inspection or the Assessor cannot gain entry to undertake the inspection, or you cancel after the inspection has taken place but before the certificate is issued you will be charged 100% of the total fee.
If you decided to cancel your Home Report, for whatever reason, after the inspection has taken place but before a written report is issued, we will charge a fee equivalent to 80% of the total fee. All charges are subject to VAT at the current rate.
If you pay by cheque and it is subsequently unpaid by your bank for any reason we will charge a fee of £30 to cover our administration costs and the bank charges incurred.

6.0 Intellectual Property Rights

6.1 Any and all intellectual property rights in the HR/EPC shall vest in us and remain our property. We disclaim all proprietary rights including, without limitation, intellectual property rights in third party reports.
6.2 You will not acquire or attempt to register any intellectual property rights in any reports whether on your own behalf or on behalf of anyone else. You further agree not to use the reports in whole or part other than as is expressly permitted by the terms of this agreement.

7.0 Limitation of Liability

7.1 You are advised that our compilation of the HR is dependent upon both you and others providing information and in compiling it we will not visit the property. Although we will be responsible for the compilation of the HR and for ensuring that it contains all required documents and information we accept no responsibility for any decisions made by or any third party relying on a HR that is correctly compiled by us.
7.2 We cannot accept any liability for any error in a Report which is based on any error or inaccuracy in a public register. Nor will we be liable for any information contained within a Report which is based on information that we have obtained from a third party.
7.3 We cannot accept any responsibility for any inaccuracy or error in the HR/EPC or any other service that is based on incomplete or inaccurate information provided in the order.

8.0 Force Majeure

8.1 Except for any payment obligation imposed on the Client, neither party will be liable for a delay in performing, or for a failure to perform, obligations if that delay or failure is caused by circumstances beyond the reasonable control of that party including errors caused by the government approved software program used by the CS to make the EPC assessment.

9.0 Enforceability

9.1 If at any time any one or more of the terms of this Agreement are held to be unenforceable, illegal or otherwise invalid in any respect such unenforceability, illegality or invalidity shall not affect the remaining terms of this Agreement which shall remain in full force and effect.
9.2 Any failure by us to enforce a breach of the terms of this Agreement by you will not be deemed to be a waiver of any subsequent breach of the terms of this Agreement that you make.
9.3 These terms and conditions shall be governed by and construed in accordance with the laws of Scotland. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Scotland.

10.0 Complaints Procedure

10.1 We operate a formal Complaints Handling Procedure (CHP). In the first instance complaints should be submitted in writing addressed to The Managing Director, Phinda Ltd t/a Home Report Company, 14 Rutland Square, EDINBURGH, EH1 2BD.
10.2 An acknowledgement will be sent to the complainant in writing within 5 working days of receipt of the complaint.
10.3 A full response (or if this is not possible, an update) regarding the complaint will be sent to the complainant within 28 days of issue of the acknowledgement.
10.4 If you are dissatisfied with the response from the company you have the right to refer your complaint to our Independent Redress Scheme.

11.0 Use of Home Report Company Website

We reserve the right to amend, change or remove any part of this website without notice, and no liability can be accepted as a result of so doing. We retain the right to refuse access to this website.
All trademarks, logotypes, images and written content on this website are the property of Phinda Ltd t/a Home Report Company, its trading partners or other parties and/or individuals. Use of these is not permitted under any circumstances without prior written consent of Phinda Ltd t/a Home Report Company, its trading partners or other parties and/or individuals who may own them. Neither is it permitted to copy, distribute, publish, modify, display or sell any of the content of this website for any purpose.
Phinda Ltd t/a Home Report Company does not accept liability for any material on this website which has been accepted and utilised in good faith from third parties. We also do not accept any responsibility for the content of other websites, files or information that may be linked to this website. Neither does a link to any third party information constitute an endorsement on the part of Phinda Ltd t/a Home Report Company.
All material transmitted via this website, or received from other parties shall be legal, truthful and honest, will not be deemed offensive or harmful, and will not be in any way contrary to existing acts, laws and legislation locally, nationally or internationally. Users of this website agree to be bound by the acts, laws and legislation of the United Kingdom and individual countries therein without contradiction.

12.0 Delivery Policy

Your EPC, Home Report or Property Survey will be arranged once you have successfully made a payment. The date of inspection will vary based on our surveyors availability. We will aim to send your documents to you within 2 working days after the inspection has taken place.
Any indication that we may give as to the time in which we will deliver the reports will be a good faith estimate only. We will use all reasonable endeavours to deliver the reports within the time-scale that we have estimated.

13.0 Refunds Policy

Refunds will be given to clients when errors occur at the point of transaction or on the order now page within the website. These instances may include over-charging of credit cards or mistakes at the point of submitting details.
All refunds will be processed within 30 days of receiving your written notification to cancel. Refunds can be made by BACS, Cheque or any other method at our discretion

SINGLE SURVEY TERMS AND CONDITIONS (WITH MVR)

PART 1 – GENERAL

1.1 THE SURVEYORS

The seller has engaged Home Report Company to provide the Single Survey Report and a generic Mortgage Valuation Report for Lending Purposes. The seller has also engaged Home Report Company, trading name of Phinda Ltd, to provide an Energy Report in the format prescribed by the accredited Energy Company.

Home Report Company, trading name of Phinda Ltd, are authorised to provide a transcript or retype of the generic Mortgage Valuation Report on to Lender specific forms where requested.  For this service a fee may be charged to the prospective purchaser. Transcript reports are commonly requested by Brokers and Lenders. The transcript report will be in the format required by the Lender but will contain the same information, inspection date and valuation figure as the generic Mortgage Valuation Report and the Single Survey. Home Report Company, trading name of Phinda Ltd, will decline any transcript request which requires the provision of information additional to the information in the report and the generic Mortgage Valuation Report until the Seller has conditionally accepted an offer to purchase, made in writing.

Once the Seller has conditionally accepted an offer to purchase, made in writing, the Purchaser’s lender or conveyancer may request that Home Report Company, trading name of Phinda Ltd provide general comment on standard appropriate supplementary documentation. In the event of a significant amount of documentation being provided to Home Report Company, trading name of Phinda Ltd, an additional fee may be incurred by the Purchaser. Any additional fee will be agreed in writing, however at a minimum fee of £50+vat.

If information is provided to Home Report Company, trading name of Phinda Ltd, during the conveyancing process which materially affects the valuation stated in the Report and generic Mortgage Valuation Report, Home Report Company, trading name of Phinda Ltd reserves the right to reconsider the valuation. Where Home Report Company, trading name of Phinda Ltd, requires to amend the valuation in consequence of such information, we will issue an amended Report and generic Mortgage Valuation Report to the Seller. It is the responsibility of the Seller to ensure that the amended Report and generic Mortgage Valuation Report are transmitted to every prospective Purchaser.

The individual Surveyor will be a member of the Royal Institution of Chartered Surveyors who is competent to survey, value and report upon Residential Property. 1

If Home Report Company, trading name of Phinda Ltd, has had a previous business relationship within the past two years with the Seller or Sellers agent or relative to the property, they will be obliged to indicate this by ticking the adjacent box.

Home Report Company, trading name of Phinda Ltd, have a written Complaints Handling Procedure (CHP). This CHP document is available from Home Report Company, trading name of Phinda Ltd,

1.2 THE REPORT

Home Report Company, trading name of Phinda Ltd, will not provide an amended Report on the Property, except to correct factual inaccuracies. The report will identify the nature and source of information relied upon in its preparation.

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

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

The Report and any expressions or assessments in it are not intended as advice to the Seller or Purchaser or any other person in relation to an asking price or any other sales or marketing decisions.

The Report is based solely on the Property and is not to be relied upon in any manner whatsoever when considering the valuation or condition of any other property.

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

Neither the whole nor any part of the report may be published in any way, reproduced or distributed by any party other than the seller, prospective purchasers and the Purchaser and their respective professional advisers without the prior written consent of Home Report Company.

1.3 LIABILITY

The Report is prepared with the skill and care reasonably to be expected of a competent residential surveyor who is a member of the Royal Institution of Chartered Surveyors.

¹ Which shall be in accordance with the current RICS Valuation Standards (the Red Book) and RICS Codes of Conduct.

The Report is addressed to the Seller and was prepared in the expectation that it (or a complete copy) along with these Terms and Conditions (or a complete copy) would (or, as the case might be, would have been) be disclosed and delivered to

• the Seller;
• any person(s) noting an interest in purchasing the Property from the Seller;
• any person(s) who make(s) (or on whose behalf is made) an offer to purchase the Property, whether or not that offer is accepted by the Seller;
• the Purchaser; and
• the professional advisers of any of these.

Home Report Company, trading name of Phinda Ltd, acknowledge that their duty of skill and care in relation to the Report is owed to the Seller and to the Purchaser. Home Report Company, trading name of Phinda Ltd, accept no responsibility or liability whatsoever in relation to the Report to persons other than the seller and the Purchaser. The Seller and Purchaser should be aware that if a Lender seeks to rely on this Report they do so at their own risk.  In particular, Home Report Company, trading name of Phinda Ltd accept no responsibility or liability whatsoever to any Lender in relation to the Report. Any such Lender relies upon the report entirely at their own risk.

1.4 GENERIC MORTGAGE VALUATION REPORT

Home Report Company, trading name of Phinda Ltd undertakes to the Seller that they will prepare a generic Mortgage Valuation Report, which will be issued along with the Single Survey.  It is the responsibility of the Seller to ensure that the generic Mortgage Valuation Report is provided to every potential Purchaser.

1.5 TRANSCRIPT MORTGAGE VALUATION FOR LENDING PURPOSES

Home Report Company, trading name of Phinda Ltd, undertake that on being asked to do so by a prospective purchaser, and at an optional minimum charge of £50+vat, or his/her professional advisor or Lender, they will prepare a Transcript Mortgage Valuation Report for Lending Purposes on terms and conditions to be agreed between Home Report Company, trading name of Phinda Ltd, and Lender and solely for the use of the Lender and upon which the Lender may rely. The decision as to whether finance will be provided is e entirely a matter for the Lender. The Transcript Mortgage Valuation Report will be prepared from information contained in the Report and the generic Mortgage Valuation Report. ²

²Which shall be in accordance with the current RICS Valuation Standards (the Red Book) and RICS Rules of Conduct.

1.6 INTELLECTUAL PROPERTY

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

1.7 PAYMENT

Home Report Company, trading name of Phinda Ltd, is entitled to refrain from delivering the Report to anyone until the fee and other charges for it notified to the Seller have been paid. Additional fees will be charged for subsequent inspections and Reports.

1.8 CANCELLATION

The Seller will be entitled to cancel the inspection by notifying the relevant Home Report Company, trading name of Phinda Ltd, office at any time before the day of the inspection.

Home Report Company, trading name of Phinda Ltd, will be entitled not to proceed with the inspection (and will so report promptly to the Seller) if after arriving at the property, the Surveyor concludes that it is of a type of construction of which the surveyor has insufficient specialist knowledge to be able to provide the inspect ion satisfactorily Home Report Company, trading name of Phinda Ltd, will also be entitled not to proceed if after arriving at the property, the inspecting surveyor concludes that the property is exempt under Part 3 of The Housing (Scotland) Act 2006 as detailed in the (Prescribed Documents) Regulations 2008. If there is a potential threat to their health or personal safety, the inspection may be postponed or cancelled, at the surveyor’s discretion.

In the case of cancellation or the inspection not proceeding, Home Report Company, trading name of Phinda Ltd, will refund any fees paid by the Seller for the inspection and Report, except for expenses reasonably incurred and any fee due in light of the final paragraph of this section.

In the case of cancellation by the Seller, for whatever reason, after the inspection has taken place but before a written rep ort is issued, Home Report Company, trading name of Phinda Ltd, will be entitled to raise an Invoice equivalent to 80% of the agreed fee.

1.9 PRECEDENCE

If there is any incompatibility between these Terms and Conditions and the Report, these Terms and Conditions take precedence.

1.10      DEFINITIONS

•  the “Lender” is the party who has provided or intends or proposes to provide financial assistance to the Purchaser towards the purchase of the Property and in whose favour a standard security will be granted over the Property;
• the “Transcript Mortgage Valuation Report for Lending Purposes” means a separate report, prepared by the Surveyor, prepared from information in the Report and the generic Mortgage Valuation Report, but in a style and format required by the Lender. The Transcript Mortgage Valuation Report for Lending Purposes will be prepared with the skill and care reasonably to be expected from a surveyor who is a member of the Royal Institution of Chartered Surveyors and who is competent to survey, value and report on the Property;
• the “Generic Mortgage Valuation Report” means a separate report, prepared by Home Report Company, trading name of Phinda Ltd, from information in the Report but in the Surveyor’s own format;
• the “Market Value” is the estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing seller in an arm’s-length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently and without compulsion;
• the “Property” is the property which forms the subject of the Report;
• the “Purchaser” is the person (or persons) who enters into a contract to buy the Property from the Seller;
• a “prospective Purchaser” is anyone considering buying the property;
• the “Report” is the report, of the kind described in Part 2 of these Terms and Conditions and in the form set out in Part 1 of Schedule 1 of The Housing (Scotland) Act 2006 (Prescribed Documents) Regulations 2008;
• the “Seller” is/are the proprietor(s) of the Property;
• the “Surveyor” is the author of the report on the Property; and
• the “Surveyors/ Home Report Company, trading name of Phinda Ltd,” are the firm or company of whom the Surveyor is an employee, director, member or partner (unless the Surveyor is not an employee, director, member or partner, when the “Surveyors” means the Surveyor) whose details are set out at the head of the report
• The “Energy Report” is the advice given by the accredited Energy Company, based on information collected by the Surveyor during the Inspection, and also includes an Energy Performance Certificate, in a Government approved format

PART 2 – DESCRIPTION OF THE REPORT

2.1 THE SERVICE

The Single Survey is a Report by an independent Surveyor, prepared in an objective way regarding the condition and value of t he Property on the day of the inspection, and who is a member of the Royal Institution of Chartered Surveyors. It includes an Energy Report as required by Statute and this is in the format of the accredited Energy Company. In addition, Home Report Company, trading name of Phinda Ltd has agreed to supply a generic Mortgage Valuation Report.

2.2 THE INSPECTION

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

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

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

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

The surveyor will not carry out an asbestos inspection, and will not be acting as an asbestos inspector in completing a Single Survey of properties that may fall within the Control of Asbestos in the Workplace Regulations.

In the case of flats it will be assumed that there is a duty holder, as defined in the Regulations and that a Register of Asbestos and effective Management Plan is in place, which does not require any expenditure, or pose a significant risk to health. No enquiry of the duty holder will be made.

Home Report Company, trading name of Phinda Ltd, appointment times are “Day light dependent”; and are therefore subject to seasonal adjustments.

2.3 THE REPORT

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

Throughout the report, the following repair categories will be used to give an overall opinion of the state of repair and condition of the property.

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

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

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

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

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

2.4 SERVICES

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

2.5 ACCESSIBILITY

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

2.6 ENERGY REPORT

A section is included that makes provision for an Energy Report, relative to the property.  The surveyor will collect physical data from the property and provide such date in a format required by an accredited Energy Company. Home Report Company, trading name of Phinda Ltd, cannot of course accept liability for any advice given by the Energy Company.

2.7 VALUATION AND CONVEYANCER ISSUES

The last section of the Report contains matters considered relevant to the Conveyancer (Solicitor). It also contains Home Report Company, trading name of Phinda Ltd opinion both of the market value of the property and of the re-instatement cost, as defined below.

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

• There are rights of access and exit over all communal roadways, corridors, stairways etc. and to use communal grounds, parking areas, and other facilities;
• There are no particularly troublesome or unusual legal restrictions;
• There is no current dispute between the occupiers of the flats or any outstanding claims or losses; and the costs of repairs to the building are shared among the co-proprietors on an equitable basis

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

“Re-instatement cost” is an estimate for insurance purposes of the current cost of rebuilding the Property in its present form un less otherwise stated. This includes the cost of rebuilding the garage and permanent outbuildings, site clearance and professional fees, but excludes VAT (except on the fees).

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

SINGLE SURVEY TERMS AND CONDITIONS (WITHOUT MVR)

PART 1 – GENERAL

1.1 THE SURVEYORS

The seller has engaged Home Report Company to provide the Single Survey Report and a generic Mortgage Valuation Report for Lending Purposes. The seller has also engaged Home Report Company, trading name of Phinda Ltd, to provide an Energy Report in the format prescribed by the accredited Energy Company.

Home Report Company, trading name of Phinda Ltd, are authorised to provide a transcript or retype of the generic Mortgage Valuation Report on to Lender specific forms where requested. For this service a fee may be charged to the prospective purchaser. Transcript reports are commonly requested by Brokers and Lenders. The transcript report will be in the format required by the Lender but will contain the same information, inspection date and valuation figure as the generic Mortgage Valuation Report and the Single Survey. Home Report Company, trading name of Phinda Ltd, will decline any transcript request which requires the provision of information additional to the information in the report and the generic Mortgage Valuation Report until the Seller has conditionally accepted an offer to purchase, made in writing.

Once the Seller has conditionally accepted an offer to purchase, made in writing, the Purchaser’s lender or conveyancer may request that Home Report Company, trading name of Phinda Ltd provide general comment on standard appropriate supplementary documentation. In the event of a significant amount of documentation being provided to Home Report Company, trading name of Phinda Ltd, an additional fee may be incurred by the Purchaser. Any additional fee will be agreed in writing, however at a minimum fee of £50+vat.

If information is provided to Home Report Company, trading name of Phinda Ltd, during the conveyancing process which materially affects the valuation stated in the Report and generic Mortgage Valuation Report, Home Report Company, trading name of Phinda Ltd reserves the right to reconsider the valuation. Where Home Report Company, trading name of Phinda Ltd, requires to amend the valuation in consequence of such information, we will issue an amended Report and generic Mortgage Valuation Report to the Seller. It is the responsibility of the Seller to ensure that the amended Report and generic Mortgage Valuation Report are transmitted to every prospective Purchaser.

The individual Surveyor will be a member of the Royal Institution of Chartered Surveyors who is competent to survey, value and report upon Residential Property. 1

If Home Report Company, trading name of Phinda Ltd, has had a previous business relationship within the past two years with the Seller or Sellers agent or relative to the property, they will be obliged to indicate this by ticking the adjacent box.

Home Report Company, trading name of Phinda Ltd, have a written Complaints Handling Procedure (CHP). This CHP document is available from Home Report Company, trading name of Phinda Ltd,

1.2 THE REPORT

Home Report Company, trading name of Phinda Ltd, will not provide an amended Report on the Property, except to correct factual inaccuracies. The report will identify the nature and source of information relied upon in its preparation.

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

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

The Report and any expressions or assessments in it are not intended as advice to the Seller or Purchaser or any other person in relation to an asking price or any other sales or marketing decisions.

The Report is based solely on the Property and is not to be relied upon in any manner whatsoever when considering the valuation or condition of any other property.

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

Neither the whole nor any part of the report may be published in any way, reproduced or distributed by any party other than the seller, prospective purchasers and the Purchaser and their respective professional advisers without the prior written consent of Home Report Company.

1.3 LIABILITY

The Report is prepared with the skill and care reasonably to be expected of a competent residential surveyor who is a member of the Royal Institution of Chartered Surveyors.

¹ Which shall be in accordance with the current RICS Valuation Standards (the Red Book) and RICS Codes of Conduct.

The Report is addressed to the Seller and was prepared in the expectation that it (or a complete copy) along with these Terms and Conditions (or a complete copy) would (or, as the case might be, would have been) be disclosed and delivered to

• the Seller;
• any person(s) noting an interest in purchasing the Property from the Seller;
• any person(s) who make(s) (or on whose behalf is made) an offer to purchase the Property, whether or not that offer is accepted by the Seller;
  the Purchaser; and
• the professional advisers of any of these.

Home Report Company, trading name of Phinda Ltd, acknowledge that their duty of skill and care in relation to the Report is owed to the Seller and to the Purchaser. Home Report Company, trading name of Phinda Ltd, accept no responsibility or liability whatsoever in relation to the Report to persons other than the seller and the Purchaser. The Seller and Purchaser should be aware that if a Lender seeks to rely on this Report they do so at their own risk. In particular, Home Report Company, trading name of Phinda Ltd accept no responsibility or liability whatsoever to any Lender in relation to the Report. Any such Lender relies upon the report entirely at their own risk.

1.4 INTELLECTUAL PROPERTY

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

1.5 PAYMENT

Home Report Company, trading name of Phinda Ltd, is entitled to refrain from delivering the Report to anyone until the fee and other charges for it notified to the Seller have been paid. Additional fees will be charged for subsequent inspections and Reports.

1.6 CANCELLATION

The Seller will be entitled to cancel the inspection by notifying the relevant Home Report Company, trading name of Phinda Ltd, office at any time before the day of the inspection.

Home Report Company, trading name of Phinda Ltd, will be entitled not to proceed with the inspection (and will so report promptly to the Seller) if after arriving at the property, the Surveyor concludes that it is of a type of construction of which the surveyor has insufficient specialist knowledge to be able to provide the inspect ion satisfactorily Home Report Company, trading name of Phinda Ltd, will also be entitled not to proceed if after arriving at the property, the inspecting surveyor concludes that the property is exempt under Part 3 of The Housing (Scotland) Act 2006 as detailed in the (Prescribed Documents) Regulations 2008. If there is a potential threat to their health or personal safety, the inspection may be postponed or cancelled, at the surveyor’s discretion.

In the case of cancellation or the inspection not proceeding, Home Report Company, trading name of Phinda Ltd, will refund any fees paid by the Seller for the inspection and Report, except for expenses reasonably incurred and any fee due in light of the final paragraph of this section.

In the case of cancellation by the Seller, for whatever reason, after the inspection has taken place but before a written rep ort is issued, Home Report Company, trading name of Phinda Ltd, will be entitled to raise an Invoice equivalent to 80% of the agreed fee.

1.7 PRECEDENCE

If there is any incompatibility between these Terms and Conditions and the Report, these Terms and Conditions take precedence.

1.8 DEFINITIONS

• the “Lender” is the party who has provided or intends or proposes to provide financial assistance to the Purchaser towards the purchase of the Property and in whose favour a standard security will be granted over the Property;
• the “Transcript Mortgage Valuation Report for Lending Purposes” means a separate report, prepared by the Surveyor, prepared from information in the Report and the generic Mortgage Valuation Report, but in a style and format required by the Lender. The Transcript Mortgage Valuation Report for Lending Purposes will be prepared with the skill and care reasonably to be expected from a surveyor who is a member of the Royal Institution of Chartered Surveyors and who is competent to survey, value and report on the Property;
• the “Generic Mortgage Valuation Report” means a separate report, prepared by Home Report Company, trading name of Phinda Ltd, from information in the Report but in the Surveyor’s own format;
  the “Market Value” is the estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing seller in an arm’s-length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently and without compulsion;
• the “Property” is the property which forms the subject of the Report;
• the “Purchaser” is the person (or persons) who enters into a contract to buy the Property from the Seller;
• a “prospective Purchaser” is anyone considering buying the property;
• the “Report” is the report, of the kind described in Part 2 of these Terms and Conditions and in the form set out in Part 1 of Schedule 1 of The Housing (Scotland) Act 2006 (Prescribed Documents) Regulations 2008;
  the “Seller” is/are the proprietor(s) of the Property;
• the “Surveyor” is the author of the report on the Property; and
• the “Surveyors/ Home Report Company, trading name of Phinda Ltd,” are the firm or company of whom the Surveyor is an employee, director, member or partner (unless the Surveyor is not an employee, director, member or partner, when the “Surveyors” means the Surveyor) whose details are set out at the head of the report
• The “Energy Report” is the advice given by the accredited Energy Company, based on information collected by the Surveyor during the Inspection, and also includes an Energy Performance Certificate, in a Government approved format

PART 2 – DESCRIPTION OF THE REPORT

2.1 THE SERVICE

The Single Survey is a Report by an independent Surveyor, prepared in an objective way regarding the condition and value of t he Property on the day of the inspection, and who is a member of the Royal Institution of Chartered Surveyors. It includes an Energy Report as required by Statute and this is in the format of the accredited Energy Company. In addition, Home Report Company, trading name of Phinda Ltd has agreed to supply a generic Mortgage Valuation Report.

2.2 THE INSPECTION

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

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

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

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

The surveyor will not carry out an asbestos inspection, and will not be acting as an asbestos inspector in completing a Single Survey of properties that may fall within the Control of Asbestos in the Workplace Regulations.

In the case of flats it will be assumed that there is a duty holder, as defined in the Regulations and that a Register of Asbestos and effective Management Plan is in place, which does not require any expenditure, or pose a significant risk to health. No enquiry of the duty holder will be made.

Home Report Company, trading name of Phinda Ltd, appointment times are “Day light dependent”; and are therefore subject to seasonal adjustments.

2.3 THE REPORT

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

Throughout the report, the following repair categories will be used to give an overall opinion of the state of repair and condition of the property.

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

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

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

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

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

2.4 SERVICES

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

2.5 ACCESSIBILITY

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

2.6 ENERGY REPORT

A section is included that makes provision for an Energy Report, relative to the property. The surveyor will collect physical data from the property and provide such date in a format required by an accredited Energy Company. Home Report Company, trading name of Phinda Ltd, cannot of course accept liability for any advice given by the Energy Company.

2.7 VALUATION AND CONVEYANCER ISSUES

The last section of the Report contains matters considered relevant to the Conveyancer (Solicitor). It also contains Home Report Company, trading name of Phinda Ltd opinion both of the market value of the property and of the re-instatement cost, as defined below.

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

• There are rights of access and exit over all communal roadways, corridors, stairways etc. and to use communal grounds, parking areas, and other facilities;
• There are no particularly troublesome or unusual legal restrictions;
• There is no current dispute between the occupiers of the flats or any outstanding claims or losses; and the costs of repairs to the building are shared among the co-proprietors on an equitable basis

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

“Re-instatement cost” is an estimate for insurance purposes of the current cost of rebuilding the Property in its present form un less otherwise stated. This includes the cost of rebuilding the garage and permanent outbuildings, site clearance and professional fees, but excludes VAT (except on the fees).

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

WEBSITE

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• The copyright in this website and all other intellectual property rights relating to it (including all text, graphics, code, files and links) is created or maintained by Phinda Ltd.
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• By using Home Report Company website you agree to be bound by these terms.

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