PRIVATE LOCAL AUTHORITY SEARCH REPORT TERMS AND CONDITIONS
For the purposes of these terms and conditions any references to PSO or ‘the company’ means Property Searches Organisation Limited and any third party organisations, search agencies, associates, partners or employees used during the course of legitimate business. PSO uses “PiE” which is an online search ordering system for the ordering, compiling and delivering of search reports.
- PSO provides information and services relating to Property Searches carried out on properties in England and Wales only.
- Search requests must be made via PiE-X, the company’s proprietary on-line ordering system and include full postal address, location plan and the appropriate fee. Should no location plan be included, PiE will not accept responsibility for any errors or omissions in the results of the search.
- All of PSO’s third party organizations and search agencies works to the same Contract & Service Level Agreements.
- The information contained in the Local Authority Search Report has been obtained by a personal inspection of public and other registers made available by the local authority and any other relevant organisations in the public domain. PSO accepts no responsibility for revealing incomplete or inaccurate information, where the error is a direct result of defective source material.
- In the event that certain Con29 Part 1 questions cannot be answered due to Local Authority or other restrictions a note of the restriction and method of obtaining said answers will be included in the report.
- Where information has been sourced from additional sources, PSO will inform you of these sources within the report.
- All Local Authority search information is provided with a “Search Report Indemnity Policy” written on behalf of the purchaser, potential purchaser, vendor or mortgagor. This provides protection for the beneficiaries should they suffer a material loss due to errors or omissions within the report. Full details including persons liable are available in a “Key Facts” summary which is attached to the Private Local Authority Report.
- Where additional information forms an essential part of a search, it is the obligation of the client to inform PSO at the outset.
- Where such information is readily available at no cost, (e.g. adopted sewers, public rights of way etc.) it will be included within the results of a standard search with no charge.
- Where such information is only available at an additional cost/time element, PSO undertakes to inform the client of any additional fees that may be chargeable for obtaining such information up front.
- Where the client requests ‘copy documents’ from the Local Authority, a fee will be charged for any Local Authority disbursement. PSO undertakes to inform the client of any additional fees that may be chargeable for obtaining such information up front.
- Where the client requests additional Con 29 pt II optional enquiries an additional fee will be charged. PSO undertakes to inform the client of the additional fees for obtaining such information up front.
- PSO aims to return all search results within five working days. However, this may not always be feasible due to Local Authority appointment systems or other reasons outside of PSO’s control. PSO will not accept liability for any loss, financial or otherwise, incurred by the client, as a result of delayed search results.
- Search Reports can be downloaded from the PiE-X web site. PSO or PiE do not provide hard copies.
- In the event that the client suffers loss as a result of the negligence or otherwise, the liability of PSO and our Search Agents will be limited to an amount not exceeding £2 million in respect of any individual claim. Any negligent or incorrect interpretation or recording of the records searched and provided in the search report should be directed to PSO at the address shown on the front of the report.
- Drainage information provided as part of the search report is taken from public sewer records and as such reveals only the position of the nearest public sewers. No guarantee is given or implied that the searched property is connected to the sewer identified. Clients are recommended to obtain a full Water Report from the relevant Water Company.
- Invoices and statements are submitted electronically. PSO does not provide hard copies.
- Search Reports remain the property of PSO until all agreed terms have been fulfilled.
- PSO reserves the right to withhold results until payment has been received.
- All information held by PSO is covered by the Data Protection Act
- Each search is deemed to be an individual contract governed by English Law
- PSO maintains contractual relationships with clients and suppliers who are involved in the production of Home Information Packs and the conveyancing process in the UK; To the knowledge of the company no person who;
a.Conducted the search
b.Prepared the search report
has any undeclared interest, personal or business relationship with any persons involved in the sale of the property. PSO cannot accept any liability for failing to disclose these relationships where the involvement of any of the parties in the transaction was not made known to us at the time of compiling the search.
Important Protection
The Search Code provides protection for homebuyers, sellers, conveyancers and mortgage lenders, who rely on property search reports carried out on residential property within the UK. It sets out minimum standards which organisations compiling and/or selling search reports have to meet. This information is designed to introduce the Search Code to you.
By giving you this information, PSO is confirming that it keeps to the principles of the Search Code. This provides important protection for you.
The Code’s main commitments
The Search Code’s key commitments say that search organisations will:
• Provide search reports which include the most up-to-date available information when compiled and an accurate report of the risks associated with the property.
• Deal promptly with queries raised on search reports.
• Handle complaints speedily and fairly.
• At all times maintain adequate and appropriate insurance cover to protect you.
• Act with integrity and ensure that all search services comply with relevant laws, regulations and industry standards
Keeping to the Search Code
How search organisations keep to the Search Code is monitored independently by the Property Codes Compliance Board. Complaints under the Code may be referred to the Independent Property Codes Adjudication Scheme. This gives you an extra level of protection as the service can award compensation of up to £5,000 to you if you suffer as a result of your search organisation failing to keep to the Code.
Contact Details
The Property Codes Compliance Board: Please contact:
Telephone: 020 7917 1817
Email: info@propertycodes.org.uk
You can also get more information about the Property Codes Compliance Board from their website at: www.propertycodes.org.uk
PLEASE ASK YOUR SEARCH ORGANISATION IF YOU WOULD LIKE A COPY OF THE FULL SEARCH CODE
Complaints Procedure for PSO Searches Organisation Limited
It is the policy of PSO Searches Organisation Ltd (PSO) to deal with all complaints as laid down in this document. All complaints will be dealt with as quickly and fairly as possible. If you are dissatisfied with the outcome of any PSO internal investigation then PSO will cooperate fully with external bodies to assist with any further enquiries.
Procedures that will be followed when a complaint is received
On receipt of a written complaint PSO will issue an acknowledgement within 5 working days. Every effort will be made during this initial discussion to resolve the complaint. If you wish to make a formal complaint you will be asked to address this to the Complaints Manager of PSO.
The Complaints Manager will endeavour to resolve the complaint in full within 4 weeks of the date of receipt or where this is not practicable then you will receive a response at the very latest within 8 weeks. If there are valid reasons for the consideration taking longer, you will be kept fully informed in writing or via telephone or email as you prefer.
At your request, we will liaise with counselling organisations acting on your behalf.
In the first instance, all complaints should be directed to the Complaints Manager
Naryse Storey
PSO Searches Organisation Ltd
25 Barnes Wallis Road
Segensworth East
Fareham
PO15 5TT
Tel: 01489 560 880
Fax: 01489 569419
Email: naryse@psosearches.com
The final decision of the complaint will be made in writing by the Complaints Manager. However, should the complaint not be resolved to your satisfaction then you may refer the matter to the Independent Property Codes Adjudication Scheme.
We will co-operate fully with the independent adjudicator during the consideration of a complaint and comply with any decision.
The Independent Property Codes Adjudication Scheme (IPCAS) is run independently by IDRS Ltd, part of the Chartered Institute of Arbitrators. An adjudicator makes a decision on it. If you accept that decision, it is binding on PSO.
IDRS Ltd
24 Angel Gate
City Road
London
EC1V 2PT
Phone: 020 7520 3810
Fax: 020 7520 3829
Email: info@idrs.ltd.uk
|
