Terms & Conditions
Information: Although every effort is made by Whitehay Capital Limited, its agents, associates or employees to verify information given in their web site, brochures, and promotional material, it must be clearly understood that such information does not form part of any contract or offer. Any intending purchaser of a property or a business must satisfy themselves as to the correctness of any information either printed or verbally issued by Whitehay Capital Limited, its agents, associates or employees.
Details: Whitehay Capital Limited, its agents, associates or employees make every effort to keep up to date the information stated in its web site, brochures and other promotional material, but it cannot guarantee that particular properties and businesses will still be available for sale when prospective purchasers enquire or travel to view. Vendors may increase or decrease the price of properties/ businesses and no guarantee is given that the price shown in the Whitehay Capital Limited web site or brochure will remain accurate. Whitehay Capital Limited reserves the right to make changes to the information and price of content on our website at any time without notice.
Availability: Whitehay Capital Limited, its agents, associates or employees does not accept any liability to interested purchasers resulting from their inability to view properties and businesses in which they may be interested due to the fact that the properties or businesses may no longer be available for sale, or due to revision of purchase prices, or due to unforeseen circumstances.
Services: All related services offered, such as Finance, mortgages, Insurance, Currency exchange, legal and tax advice, Removals and any other service from a third party – are merely recommended in good faith only and all agreements and contracts with such parties or for such services are entirely the responsibility of the buyer/user and service provider and not the liability or responsibility of Whitehay Capital Limited.
Currency exchange rates: Be aware that currency fluctuations can greatly affect the price you pay in sterling for a property when you come to pay for it. We advise you to keep this in mind and seek professional help when transferring money abroad. Note also that properties are often listed in their ‘local’ currency and therefore a sterling price is often only a guide.
Business liability: Whitehay Capital Limited, its agents, associates or employees operate as an introducing agent to assist interested persons in finding and purchasing properties and businesses. Whitehay Capital Limited is not liable for any loss, which they may incur for any reason whatsoever, resulting from their interest in purchasing, attempted purchase or actual purchase of a property overseas.
Measurements, tenure & usage: Land, property and room sizes given in the Whitehay Capital Limited its agents, associates or employee’s web site, brochure or any promotional material are subject to survey. It remains the responsibility of the purchasers to satisfy themselves as to the correctness of such information. Building plots described in the Whitehay Capital Limited web site, brochure and promotional literature remains the responsibility of purchasers of plots of land to acquire/check all necessary planning consents and licences. Title and tenure is also the liability of the buyer, lawyer and selling company and Whitehay Capital Limited recommend that the services of a professional are employed when purchasing property overseas.
Viewing & Travel: All contracts for transport by rail, sea, air or on land, for accommodation, board and lodging, for legal and estate agency services, or for any other associated services shall be deemed to be contracts between the person/s travelling and the service provider. Whitehay Capital Limited, its agents, associates or employees makes every endeavour to recommend only reliable and reputable providers of transport, accommodation, legal, estate agency and other services and shall not be held responsible or liable for any loss or damage resulting from such recommendations.
Associated companies actions: Whitehay Capital Limited, its agents, associates or employees shall not be held liable or responsible for the actions of other persons or companies or firms with which it may be associated or have connections with. Finance & Investment advice: Any investment or financial advice given by Whitehay Capital Limited, its agents or associates are a guide only and expert tax, financial planning and mortgage advice will be required to confirm information when purchasing a property.
Disputes: Any disputes regarding property shall be resolved according to the laws of the country in which the property is situated and between the buyer and contracted seller. Member of Professional bodies: Whitehay Capital Limited are members of FIABCI – The international real estate federation, who have thousands of members worldwide and aim to promote professional business practice and global networking within the real estate industry. Whitehay Capital Limited are also appointed members of the National Homes Network – a UK based organisation that has several hundred referring member firms across the country.
Insurances: When travelling abroad it is advisable to arrange suitable comprehensive insurance cover. Whitehay Capital Limited, its agents, associates or employees accept no liability whatsoever for losses, damages, compensation or personal injury resulting from a viewing trip. Likewise, insurance is required on property purchased and this again is the responsibility of buyer/vendor and not Whitehay Capital Limited, its agents, associates or employees.
Access and use of the Fortune Property Investment Group Websites and content: All materials, logos, pictures and content on whitehaycap.co.uk and other owned websites within our group are the sole ownership of Whitehay Capital Limited and cannot be used by other parties in any way unless by consent.
Deposits: Deposits are non refundable unless agreed on the reservation form or in circumstances deemed fair at Whitehay Capital Limited’s discretion. It must be clearly understood that once a purchaser pays a deposit and exchanges contracts with a construction company then such deposits and subsequent payments are non-refundable unless agreed or covered within the full contract with the builder or developer. Whitehay Capital Limited cannot be held liable for the return of any deposit or payments agreed with the agent or developer and this is to be the responsibility of the purchaser or customer to follow up direct with the developer or agent that issued their contract for the property.
Post agreement to purchase queries: Whitehay Capital Limited, its agents, associates or employees operate only as an introducing agency to assist interested persons in finding and purchasing properties from a range of developers, agents and associates. All future customer queries regarding the property purchased are dealt with by the developer or agent who issues your contract. All legal queries should be directed to the lawyer you have appointed and not Whitehay Capital Limited. its agents, associates or employees.
Tax Liability: Income Tax or capital gains tax due on profits or income made on property or rental is entirely the responsibility of the vendor.
Data Policy: When registering with Whitehay Capital Limited, for the purpose of finding an overseas property, personal details such as name, address, email and phone number will be required. This data maybe passed on/shared with our associated overseas companies and developers and this is essential in assisting a customer looking to buy a property. If a client does not wish to have their information passed to a third party they must request this and Whitehay Capital Limited will comply.
Contact information: Whitehay Capital Limited, its agents, associates or employees do not accept liability form any client, who has not informed the developer or agent, from who the builders contracts are made out from, regarding new change of address or contact details. If the developer cannot contact the client through the present details they have on file and no evidence of informing the developer of the new address is provided, then the client is at risk in losing the money invested in the property and the property itself.
Additional services: Whitehay Capital Limited, its agents, associates or employees operate as an introducing agent only and do not organise NIE numbers, bank accounts, mortgages, power of attorney, immigration advice, etc…for clients. It is up to the clients themselves to organise all of these, either with their appointed lawyer or if written confirmation has been given, by the developer or agent they have purchased with.
Agents and third party introducers: Where a client has been introduced to a property by an appointed sub-agent or introducer of Whitehay Capital Limited, Whitehay Capital Limited does not accept liability for statements or terms made by such third parties nor any mishandling of clients funds by such third parties.