TERMS
OF BUSINESS
Rose Financial Planning (the Adviser) is an Independent Mortgage
Broker who offers impartial advice on and arranges Mortgages and provides
access to Regulated and Non Regulated Financial Services products and Tax
related services.
1.
Whose Products do we offer?
The Adviser offers Mortgages from a
panel of providers and a full advice and recommendation service so that You and
the Adviser can make an informed decision. The Adviser will also supply you
with details of product providers and, for Regulated and Non Regulated
Financial Services and Tax, duly regulated associate firms.
2.
Which service will we provide You with?
The Adviser will record, by way of an appropriate questionnaire, Your Mortgage
objectives, Your Financial Services, and Tax demands and needs, and will advise
and make recommendations for You after the Adviser has assessed your needs. Any
advice the Adviser gives, or recommendations it makes, will take into account
Your stated objectives/needs, Your appreciation of risk and any restrictions
You instruct the Adviser to take on the type of Mortgage or Financial Services
products and Tax services. Advice given and recommendations made will normally be
confirmed in a Suitability Statement issued by the Adviser or associate firms
for regulated products and services.
3.
Instructions from
You
a) The Adviser
normally asks You to give it written instructions in order to avoid possible
disputes. The Adviser will, however, accept Your oral instructions, provided
they are confirmed in writing.
b) The Adviser may,
prior to acting on Your behalf, require production of adequate evidence of Your
identity/residence. The Adviser or associate firms may also forward to You,
from time to time, promotional material concerning Mortgage and Financial
Services products and Tax issues, which it considers You ought to be aware of.
c) Where you abort a
transaction which results in the Adviser having to repay all, or a portion of
commissions/fees earned, or where the Adviser has expended time and effort in
advance of receipt of any such income, the Adviser reserves the right to charge
You an amount based on the time spent in respect of the aborted transaction.
d) The Advisers
authority to act on Your behalf may be terminated at any time, without penalty
and without prejudice to the completion of transactions already initiated, by
either party giving immediate notice in writing to that effect to the other.
Transactions in progress at the time of termination shall be processed to
completion as if the termination had not taken place, unless specifically
aborted by You in writing.
4.
Conflicting
Interests
The Adviser offers independent advice but occasions can arise when the Adviser,
or one of its other clients, will have some form of interest in business, which
the Adviser is transacting for You. If this happens, or the Adviser becomes
aware that its interests or those of one of its other clients conflict with
Your interests, it will inform You in writing and will obtain Your consent
before carrying out Your instructions.
5.
Remuneration
What will You have to pay us for our services?
Providing access to a Mortgage and other products and services for You
may involve Procuration, Administration and Valuation fees and the payment of
commission to the Adviser by the relevant Lender/Product provider or associate
firm. You will receive an illustration which discloses to You details of any
fees charged. The Adviser may also charge an Arrangement Fee for the services
it provides, in which case this will be subject to a separate Fee Agreement
with You, detailing the charge made. Consultation fees will apply for all client
case specific advice the current charge for which is 50 per hour.
The Adviser also offers all clients a continuing Support Service
details of which will be provided at the outset of contact.
6.
Refund of Fees
You will normally receive no refund if You subsequently decide not to
take out a Mortgage or Financial Services product.
7.
Client Money
THE ADVISER DOES NOT HANDLE
CLIENT MONEY OR ASSETS.
The Adviser never accepts cheques made out to it (unless it is in
settlement of Fees which have been invoiced) or handle cash. All cheques for
premiums or any Mortgage related payments must be made payable to the relevant
Insurer / Lender.
8.
Documentation and
Information
a) The Adviser will
forward to You all documents concerning the matters we have arranged for You as
soon as practical after it receives them. Where a number of documents relating
to a series of transactions is involved, the Adviser will normally hold each document
until the series is complete, then forward them to You.
b) The Adviser may in
appropriate circumstances place Your business through another authorised
broker, arrange for You to deal directly with the relevant Insurer, or make
special arrangements with a particular Insurer concerning the issue of policies
or the handling of claims. In such circumstances, the Adviser will advise You
accordingly.
9.
Record Keeping
The Adviser keeps records of all its business transactions.
You or Your agent may inspect any information relating to Your
transactions. The Adviser treats all client records as confidential and
reserves the right to provide copies of your records, rather than allow access
to the records containing information on other clients. You specifically
consent to any personal or financial information which You provide being
stored, used or transmitted by the Adviser to set up, advise on and service
Your Mortgage and Financial Services arrangements.
These Terms are not assignable. Their contents are governed by and
construed in accordance with Spanish Law and are subject to the exclusive
jurisdiction of the Spanish Courts.
You should note, at all times that, YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON A
MORTGAGE OR OTHER LOAN SECURED ON IT.
I / We hereby confirm receipt
and agree to the above Terms.
1st
Applicant:
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2nd
Applicant:
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Adviser:
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.. Date:..
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