- Also in this section:
(a) We are only able to take instructions to conduct business on behalf of the person who is entitled to instruct us. If we are instructed on behalf of a husband and wife or partners, or a group of persons, then initially all persons are required to instruct us. A telephone call will usually suffice. We then shall be entitled to assume that if instructions are given to us by only one person, the others consent to us being instructed on such a basis. Where a partnership or limited company is involved, we shall be entitled to assume that the partner or director instructing us has authority so to do. You will be deemed to have accepted our Terms of Business if you continue to permit us to act on your behalf and do not object to any of these terms within three days of their issue to you. Instructions can be received during office opening hours (Monday – Friday 9.00am to 5.00pm). Should you not respond to our requests for instructions within a reasonable period, we shall be entitled, at our discretion, to withdraw from acting on your behalf.
(b) If we are acting on behalf of both parties to a transaction when we are permitted to do so (e.g. seller and purchaser, where both parties are established clients or are related) if a conflict arises either or both parties will require to consult an independent solicitor out-with Munro & Noble for independent advice as to their interests. Your acceptance of these Terms also authorises us to make any necessary transfers from your client account with us to the other party’s client account with us by whatever means necessary.
(c) Any funds which we hold on your behalf will be placed on deposit if required by The Law Society of Scotland Rules current at the time and you will be entitled to the interest on any such deposit either gross or net of tax as appropriate. Ordinarily the deposit will be with our main client bank at the time or another major bank/building society unless you instruct us otherwise or the transaction requires use of another bank. It is not always possible to obtain interest on funds which we hold only for a short period. If we are able to obtain a rate of interest on funds which we lodge with our bankers which is in excess of the bank’s normal “high street” customer rate, a percentage of the excess will be credited to you and any balance will be retained by us. You accept and agree that we shall be entitled to lodge funds for individual clients in pooled client accounts. If we do so and are required by the bank providing the pooled client account, (in accordance with current legislation), to submit information about the clients for whom the money is held, we shall be entitled to do so, but, only to the extent correctly required. You are entitled to reject or qualify this clause (c) of GENERAL TERMS. Such notification must be in writing and received by the Firm prior to any financial transaction commencing on your behalf. Receipt of such notification, may necessitate the Firm in withdrawing from acting. PLEASE NOTE THAT WE ARE NOT ABLE TO ACCEPT PAYMENTS FOR TRANSACTIONS IN CASH.
(d) On occasion the firm receives loyalty bonuses from other agencies instructed in connection with client transactions. These will remain with the firm.
(e) Where we request information and/or documentation relating to your business please ensure that this is provided at the earliest opportunity. It is essential that we receive such information/documentation in order to achieve a smooth transaction. (If, for example, all necessary documentation relating to house alterations/extensions is not provided, a sale can be lost.).
(f) Your business will be handled by the personnel indicated to you, to whom your instructions should be addressed. He/she can be contacted during the office opening hours. If this is not possible, a message will be taken by another member of staff and passed to the relevant person(s) for action as soon as practical.
Note: The personnel named will be responsible for ensuring that your work is carried out smoothly and can be your initial point of contact if you return to Munro & Noble for assistance in the future. If, however, he/she is on holiday or otherwise unavailable the work may be carried out by other appropriate personnel in the Firm.
(g) Your business will be conducted in, what we consider, a normal and reasonable time for what is involved. This can vary considerably depending on what is involved and which other parties are involved. This will be discussed with you as the matter progresses. If there are any special time considerations for you, please raise them with us at the earliest opportunity. Where there are legal or other limits which are applicable, we shall advise you of these. While we will endeavour to remind you during the ongoing work, you will be responsible for bearing in mind these time limits and complying with them, particularly if they apply after completion of a transaction or business in which you have instructed us.
Liability
Our personal legal liability to you arising from whatever cause in connection with advice/services provided by us will not exceed Sixteen Thousand Pounds Sterling.
Timeous attention to your Business
Clients are frustrated sometimes by the delays associated with legal proceedings. Unfortunately, delays out-with our control are unavoidable from time to time. We will do what reasonably is within our power to ensure that your business proceeds as smoothly and efficiently as possible.
Tax Advice
Tax advice should be obtained from accountants or other tax advisers and we shall be happy to refer you to someone for tax advice if required. We will not offer advice in relation to any tax matter whether directly related to or incidental to the transaction, except to the extent that it is agreed with you that specific tax issues fall within the normal ambit of the transaction or unless it is agreed with you that other specific advice will be provided. Irrespective of the aforementioned, at all times you will be responsible for all aspects of tax as applicable, including but not limited to Land and Buildings Transfer Tax, (LBTT), and Additional Dwelling supplement, (ADS), in respect to your property transaction. YOU WILL REQUIRE TO ADVISE US TIMEOUSLY OF ANY VALUE ADDED TAX IMPLICATIONS (i.e. whether VAT is to be charged or not) IN ANY CONTRACT. We shall not be responsible otherwise for any erroneous omission or inclusion of VAT in the contract in relation to any consideration.
Note to Sellers of Residential Property which may be liable to Capital Gains Tax
From 21st October 2021, disposals of residential property must be reported to the HMRC within 60 days of completion of the sale, unless the sale qualifies for private residential relief. At the same time a reasonable estimate of the CGT liability must be paid to the HMRC. Previously such disposals only needed to be reported by 31 January following the end of the tax year.
If you are not familiar with the reporting regulations or are unsure whether you might have any CGT liability, we would recommend you take advice from an accountant. Further information can also be found on www.gov.uk/browse/tax/capital-gains.