Mortgage referrals

Your attention is drawn to clauses 5.5 and 13, which limit our liability to you. By proceeding, you confirm that you have read and understood those clauses.

• 1
  Introduction

1.1. These Standard Terms and Conditions (Terms and Conditions) apply where SAM Conveyancing (a trading name/style of Share a Mortgage Ltd company registered in England and Wales under company number 08798475) (We or Us or the Company) introduces you to one of panel mortgage brokers (the Mortgage Broker) to provide you with a selection of mortgage products & services (the Mortgage Services). In providing the Mortgage Services, the Mortgage Broker shall select a product from a mortgage lender (Mortgage Lender).

1.2.These Terms and Conditions should be read in conjunction with the Website Terms and Conditions found here - Website Terms and Conditions

1.3. You will enter into a separate agreement with the Mortgage Broker who will provide the Mortgage Services to you.

1.4. As We act as the introducer, Our services (the Introducer Services) are limited to:

1.4.1. obtaining your personal details; and
1.4.2. introducing you to the Mortgage Broker.

1.5. You are deemed to have accepted these Terms and Conditions when you request a quotation from our website. These Terms and Conditions and the mortgage quotation (the Contract) are the entire agreement between us.

1.6. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. To the extent that any statement, promise or representation has been made by Us, these Terms and Conditions supersede those statements, promises or representations. These Terms and Conditions apply to the Introducer Service and the Mortgage Services and exclude any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

1.7. We refer you to clauses 5.5 and 13, which address Our liability to you.

• 2
  Identities of Contracting Parties

2.1. You are entering into a contract with SAM Conveyancing. Apart from the liability of the Company, no personal responsibility is accepted by any of the Directors, Shareholders or Employees of the Company, and no personal duty of care or other personal obligation is accepted.

2.2. As We act as an introducer, We do not provide the Mortgage Services. The Mortgage Broker should send you their terms of engagement prior to selecting a product from the Mortgage Lenders.

• 3
  Interpretation

3.1. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.

3.2. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

• 4
  About You (the Client)

4.1. Your transaction quotation is based on the information you provide to Us, so if the information you provide is incorrect or changes, please let us know so we can provide you with an updated quotation. Any information provided by you which is not correct allows Us to terminate this contract. In the event of termination under this clause, any rights accrued by us against you remain enforceable.

4.2. The Company can only introduce Mortgage Brokers in England and Wales.

4.3. You must be 18 or over to be entitled to the Mortgage Service. If you are under 18 years old and proceed with the Mortgage Service, you may be committing mortgage fraud, which is a criminal offence.

4.4. If you do not pay your mortgage repayments, your property could be repossessed.

• 5
  Scope of the Mortgage Service

5.1. All Mortgage Brokers introduced by Us are authorised and regulated for the Mortgage Services they provide either by the Financial Conduct Authority (FCA).

5.2. After your consent is given on instruction for a mortgage consultation, We will provide your personal details to the Mortgage Broker to complete the Mortgage Service, which include, but are not limited to, your: (1) full name; (2) home address; (3) email address; (4) contact number; (5) information related to the Mortgage Service; and (6) copies of ID sent to us such as passport or bank statements not less than 3 months old.

5.3. The Mortgage Broker acts independently to Us in the delivery of the Mortgage Service.

5.4. The Mortgage Broker should submit their terms and conditions to you prior to completion of the Mortgage Services. If you want to cancel, you can do so following the cancellation policy below in clause 10.

5.5. We are not the Mortgage Broker or Mortgage Lender and do not complete any regulated part of the Mortgage Service. We do not take any responsibility for, nor accept any liability in relation to, the Mortgage Service provided by the Mortgage Broker and cannot provide any advice on the suitability of the product from the Mortgage Lender. Please refer to clause 13 of these Terms and Conditions for further information.

• 6
  Fees and Payment

6.1. The Mortgage Broker pays Us a marketing fee for introducing you to Mortgage Service. The marketing fee is paid by the Mortgage Broker, not you, and it doesn’t affect the Mortgage Service.

6.2. SAM Conveyancing has negotiated a free mortgage consultation with all our panel of Mortgage Brokers (the Free Mortgage Consultation).

6.3. The Free Mortgage Consultation gives you the opportunity to speak to the Mortgage Brokers to understand your specific requirements and provide mortgage options and rates for the Mortgage Services being requested. Under the Free Mortgage Consultation, there is no fee payable by you or obligation to proceed with the Mortgage Broker.

6.4. If you want to proceed with a formal mortgage application through your Mortgage Broker, then a mortgage application fee may become payable by you. If there is a fee to pay for your mortgage application, it will be explained to you by the Mortgage Broker at the point of discussing your mortgage options.

6.5. SAM Conveyancing shall not be responsible for any costs incurred by you, the Mortgage Broker, the Mortgage Lender, or any other third party unless such costs have been agreed by Us in writing in advance.

• 7
  Confidentiality

7.1. Each party agrees that it shall not at any time disclose to any person any confidential information except as permitted in these Terms and Conditions.

7.2. We may disclose your confidential information to:

7.2.1. our affiliates, or group companies, employees, officers, representatives or advisers who need to know such information for the purposes of carrying out our obligation under the Contract or to the extent necessary to facilitate the introduction; and
7.2.2. as may be required by law or any governmental or regulatory authority.

7.3. No party shall use the other party’s confidential information for any purpose other than to perform its obligation under the Contract.

• 8
  Term and Termination

8.1. The Contract shall continue until terminated in accordance with these Terms and Conditions.

8.2. Either party may terminate the Contract by giving the other party 14 days written notice. Where the Mortgage Service has not been received by you, and you disengage the Mortgage Services prior to your formal application being submitted, no fees will be payable by you.

8.3. Either party may terminate the Contract by giving written notice to the other party if the other party breaches any provision of the contract and, if the breach is capable of remedy, fails to remedy it within 14 days after being given written notice giving full particulars of the breach and requiring it to be remedied.

• 9
  Effects of Termination

9.1 Upon the termination of the Contact for any reason:

9.1.1. any introduction fees or other sums owing to us under any of the provisions of the Contract shall become immediately due and payable;
9.1.2. all clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Contract shall remain in full force and effect;
9.1.3. termination shall not affect or prejudice any right to damages or other remedy which we may have in respect of the event giving rise to the termination or any other right to damages or other remedy which we may have in respect of any breach of the Contract which existed at or before the date of termination;
9.1.4. except as provided in this clause 9 and in respect of any accrued rights, we shall not be under any further obligation to you; and
9.1.5. you shall (except in reference to clause 7) immediately cease to use, either directly or indirectly, any confidential information and shall immediately return to us any documents in your possession or control which contain or record any confidential information.

• 10
  Cancellation Policy

10.1. If you need to cancel for any reason, please call our office on 0333 344 3234. We are open Monday to Friday from 9 am to 5.30 pm or Saturday from 10 am to 1pm. Following a call with our office, you should email Us regarding the cancellation of the Mortgage Services.

• 11
  Assignment

11.1. The Company shall be entitled, without notice to you, to assign any of its rights in these Terms and Conditions to any third party or to perform any of the obligations undertaken by the Company through any other member of its group.

11.2. Unless you have the written permission of the Company, you shall not assign, transfer, mortgage, charge, subcontract any rights you have in these Terms and Conditions

• 12
  Entire Agreement

12.1. These Terms and Conditions and the Contract constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

12.2. Each party acknowledges that, in entering into the Terms and Conditions and the Contract, it does not rely on any representation, warranty, assurance or other provision (made innocently or negligently) except as expressly provided in the Contract.

• 13
  Limitation and Exclusion of Liability

13.1. Nothing in these Terms and Conditions shall limit or exclude a party’s liability:

13.1.1. for death or personal injury;
13.1.2. for fraud or fraudulent misrepresentation; or
13.1.3. for any other act, omission, or liability which may not be limited or excluded by law.

13.2. Subject to clause 13.1 above, We shall not, under any circumstances, be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:

13.2.1. any loss of profit, sales, revenue, or business;
13.2.2. loss of anticipated savings;
13.2.3. any loss arising out of the lawful termination of this agreement or the Contract;
13.2.4. any loss that is an indirect or secondary consequence of any act or omission of the party in question;
13.2.5. any liability of the Mortgage Broker arising in connection with the supply of the Mortgage Services (please refer to the Mortgage Broker’s terms of engagement in this respect).

• 14
  Severance

14.1. In the event that one or more of the clauses in these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

• 15
  Third Party Rights

14.1. No part of these Terms and Conditions are intended to confer rights on any third parties and accordingly the Contract (Rights of Third Parties) Act 1999 shall not apply to this Terms and Conditions.

• 16
  Notices

16.1. All notices under these Terms and Conditions shall be in writing and be deemed delivered:

16.1.1. personally;
16.1.2. sent by pre-paid first class post or other next working day delivery service;
16.1.3. by commercial courier; or
16.1.4. by email to help@samconveyancing.co.uk

16.2. In each case, notices shall be addressed to the most recent address or e-mail address notified to the other party.

• 17
  Waiver

17.1. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

• 18
  Anti-bribery

18.1. The Company, acting as an introducer, shall:

18.1.1. comply with all applicable laws, statutes, regulation, and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (“Relevant Requirements”);
18.1.2. maintain in place throughout the duration of the Terms and Conditions and the Contract its own policies and procedures including adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements, and enforce them when appropriate; and
18.1.3. be responsible for the observance and performance of this clause by any of its officers, employees.

• 19
  Data Protection

19.1. Both parties shall comply with any notification requirements and/or other obligations under the Data Protection Act 2018 and any other applicable data protection legislation which arise in connection with these Terms and Conditions.

• 20
  Force Majeure

20.1. No party to the Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes included, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

• 21
  Law and Jurisdiction

21.1. The Terms and Conditions and any dispute or claim (including non-Terms and Conditions disputes or claims) arising out of or in connection with its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.

21.2. All disputes arising under the Terms and Conditions (including non-Terms and Conditions disputes or claims) shall be subject to the exclusive jurisdiction of England and Wales.

• 22
  Your Feedback Matters

22.1. We work very hard to make sure you receive the best service possible. If, at any time, during the Introducer Service or Mortgage Service, you are unsure of the next steps or need additional guidance or support, please contact us.

22.2. At the end of the Introducer Service, we will want to get your honest feedback. We want to hear if you had a great experience or if we can learn from any mistakes.

We hope that you are satisfied with the Introducer Service. Should this not be the case, please email help@samconveyancing.co.uk, who can process your complaint. An acknowledgement of the complaint should be sent to you in 7 days. A formal response shall be sent to you within 21 days from the date of your complaint.

We hope that you are satisfied with the Mortgage Service provided by the Mortgage Broker. Should this not be the case, we set out the complaints procedure below, to be taken forward with the Mortgage Broker.

It is important to note that you can disengage the Mortgage Broker prior to the Mortgage Services or after. Please refer to clauses 8.2 and 10 which addresses any cancellation fees which you may have to pay.

If you are dissatisfied with the Mortgage Service or advice you have received, the Mortgage Broker may attempt to resolve the matter informally in the first instance. If the Mortgage Broker is unable to resolve the matter informally, they should have a detailed complaints handling process to ensure that they are able to investigate and respond to your complaint thoroughly and fairly.

If you are not satisfied with the response provided by the Mortgage Broker, you may wish to make a formal complaint. Please view the Mortgage Broker’s complaints procedure for further information.

If the Mortgage Broker has not issued a response within eight weeks, or once they have sent you a final response, you are not happy with it, you may be eligible to refer your complaint to the Financial Ombudsman Service (FOS).

It is a service free of charge to consumers and you may refer the matter to the Financial Ombudsman Service within six months from the date that you received a final response to your complaint.

In addition, the FOS might not be able to consider your complaint if:

• What you’re complaining about happened more than six years ago, and
• You’re complaining more than three years after you realised (or should have realised) that there was a problem.

Please be aware that some complaints are not eligible to be referred to the Financial Ombudsman Service (for example – enquiries relating to Buy to Let mortgages).

Further information on the services provided by the Financial Ombudsman Service can be found on their website or alternatively:

• Post: The Financial Ombudsman Service, Exchange Tower, London, E14 9SR
• Phone: 0800 023 4567 or 0300 123 9123
• Email: complaint.info@financial-ombudsman.org.uk

* SAM Conveyancing has negotiated a FREE Mortgage Consultation with our panel mortgage broker. This allows you a free mortgage consultation to discuss your specific requirements and provide mortgage opportunities for the Service being requested. If you want to proceed with a formal mortgage application through your mortgage broker, then a mortgage application fee maybe payable. If there is a fee to pay for your mortgage application, it will be explained to you at the point of discussing your mortgage options.

You can disengage the services of your Mortgage Broker before making a formal application, and no fee will be levied.

Read our - Terms and Conditions.

SAM Conveyancing is an approved partner of Advies Private Client, and this page is an advertisement for them. SAM Conveyancing does not provide or arrange mortgage advice, but we may receive a commission for any product you take with Advies Private Client after we introduce you to them.

The FCA does not regulate SAM Conveyancing and does not provide any insurance or mortgage products, nor can we provide any advice on different insurance or mortgage products. Please liaise with your chosen Advies Private Client for any insurance advice.