Provides you with a chain-avoiding insurance type arrangement (CHAIN FREE®).
Home Owners Plan™
Terms and Conditions
1.1 Home Owners Plan Limited (Plan Company) incorporated in England under Company Number 6944615:
1.1.1 will pay all costs and expenses of the Home Owners Plan™ (Plan).
1.1.2 guarantees Albani Limited (Albani) incorporated in England under Company Number 05808405 will provide you with finance (Fall Back Price®) subject to you signing our Offer Documents which to join the Plan include these Plan Terms and Conditions (T&Cs)
1.2 CHAIN FREE®, available through the Plan, is an insurance type arrangement confirming you can drawdown (take) a percentage of DataSource or RICS Surveyors Valuation (Valuation) for the house you are selling on 3 days notice during 20 weeks from the date of the Valuation (Facility Period).
1.3 You can join the Plan at any time providing at the date you want to sign our Offer Documents your house has not been “Added on” Rightmove for sale for over 10 weeks.
1.4 The fee for joining the Plan is 1% Fall Back Price®, minimum £1,980 (1% Fee).
Signing the Offer Documents (incl Plan T&Cs) 2.1 You will be a member of the Plan for the Facility Period (Plan Membership).
2.2 You will receive CHAIN FREE® confirming the Fall Back Price® for your house.
2.3 Your buyer can have a VAL FREE®mortgage offer (if you have RICS Survayors Valuation). 2.3 Does not commit you to take the Fall Back Price® and does not commit you to sell your house.
What the 1% Fee is for 3.1 To enable the Plan to guarantee that Albani will provide the Fall Back Price® for you to take on 3 days notice.
3.2 To cover the cost of reserving finance for you for the duration of your Plan Membership.
3.3 To provide you with a chain-avoiding insurance type arrangement (CHAIN FREE®).
IMPORTANT POINT: When you pay the 1% Fee 4.1 If you take the Fall Back Price® during your Facility Period we deduct it from the Fall Back Price®.
4.2 When we have reserved the Fall Back Price® for you which you have not taken during your Plan Membership because:
4.2.1 you have exchanged contracts to sell your house in which event your solicitors will send it to us;
4.2.3 you have taken your house off the market for sale in which event you can pay us in 1 year.
When you do not pay the 1% Fee
5.1 If you leave your house on the market for sale during your Plan Membership and do not sell it (No Sale – No Fee).
5.2 In the circumstances described in 6.2.3
Force majeure for Fall Back Price® at 90% RICS Survayors Valuation
6.1 Houses with current market value no more than £500,000.
6.2 Due to unprecedented levels of economic uncertainty we have, for the foreseeable future, to insert in our Offer Documents a force majeure clause:
6.3 Force majeure is an unforeseen event outside our control, that will prevent us from fulfilling our contract obligations.
6.3.1 Force majeure clause will be triggered if there is an increase in the Price of a selected UK Government Bond (Bond) between the date of our Offer Documents and the date of your solicitors Drawdown Notice.
6.3.2 If the Price of the bond has increased between these two dates the Fall Back Price® 90% RICS Surveyors Valuation will be reduced to by 5% (Reduced Fall Back Price®).
6.3.3 If you do not take the Reduced Fall Back Price® we will return the Administration Fee you have paid and you will not have to pay our 1% Fee.
6.4 We provide you and your solicitors with a link to a web page where the daily Price for the selected Bond can be seen over the previous 365 days.
Taking the Fall Back Price® 7.1 The Drawdown Notice cannot be submitted later than 3 days before the end of your Facility Period.
7.2 The Fall Back Price® will be remited to your solicitors within 3 days.
After taking the Fall Back Price®
8.1 From the date you take the Fall Back Price® you will have no legal responsiblity to pay any Property Costs relating to your house.
8.2 Untill your house is sold through the Plan, the Plan will be reaponsible for and will pay:
8.2.1 Council tax, insurance, utilities, cleaning, garden maintenance, estate agent sale fees in the circumctances described in 9.1 and if applicable any Additional Rate of SDLT.
Estate Agent Fees 9.1 If you take the Fall Back Price® you do not have to pay your Estate Agents a Sole Agency Fee as we have not bought your house.
9.2 Plan Company will re-instruct your Estate Agents to sell your house through the Plan and the Plan will pay them a 1.5% Resale Fee.
9.3 If you do not take the Fall Back Price® and your Estate Agents sell your house for you during your Plan Membership for more than the Fall Back Price® the Plan will pay your Estate Agents a £1,000 Success Fee (in addition to the Sole Agency Fee you have agreed to pay them).
Stamp Duty Land Tax (SDLT)
10.1 If you take the Fall Back Price® and buy another property (Second Property) before your house is sold you may be charged by HM Revenue & Customs an Additional Rate of SDLT (Additional Rate) on the Second Property.
10.2 Property Costs include paying your solicitors any Additional Rate so that you only have to pay the Standard Rate on the Second Property (Albani Legal Department will provide your solicitor with an Undertaking to this effect).
10.3 The Plan will subsequently claim any Additional Rate of SDLT (which will be paid to your solicitors within 3 days from the date Albani Legal Department receive from your solicitors a copy of the SDLT1 return and SDLT 5 Certificate applicable to the Second Property together with your authority that the Plan can claim a refund of the Additional Rate when the First Property is sold).
Selling your house
11.1 Your house will only be sold through the Plan if your solicitors submit a valid Drawdown Notice.
11.2 If the Sale Price of your house is lower than your Fall Back Price® you have no personal responsibility to refund Albani the difference.
I have read and agree to the Plan T&Cs.
If I decide to take the Fall Back Price® I authorise Albani to deduct my Plan Membership Fee (Option 1: 1% Fee minimum £1,980) from the Fall Back Price® and pay it directly into the Plan for me.
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