Sales Terms & Conditions

YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP WITH REPAYMENTS ON A MORTGAGE OR ANY OTHER DEBT SECURED ON IT.

Offers

Offers are on selected plots only and:

• are subject to availability, contract and status; and
• cannot be used in conjunction with any other offer on the same plot unless expressly stated otherwise.

Crest Nicholson reserves the right to withdraw or alter any of these offers at any time prior to the payment of a reservation fee.

The current specific offers being advertised in relation to selected Crest developments may vary from time to time and you should refer to the development in which you are interested to discover which offers are available on specific plots and developments.

Prices and Details

Prices and details are correct at time of publishing going to press.

Images and Marketing Materials

Crest Nicholson is a registered developer with the New Homes Quality Code. Please speak to a sales executive if you need further help with any marketing material including provision in another format.

Please note, all digital illustrations, images, interactive content and plans are for illustration purposes only and may not accurately depict elevation, materials, gradients, landscaping, street furniture or other details which may be plot specific and may be subject to change. Actual properties may also be handed, i.e. an opposite mirror image. In addition in some cases illustrations, images and content may show typical properties rather than properties from the actual development itself. Also they may depict furniture, fixtures and fittings which are not included in the sale of our new homes and optional extras which may be at additional cost and window and door sizes and locations are plot specific and may vary. Please speak to a sales executive for plot specific information. Whilst every effort has been made to ensure that the measurements and dimensions referred to in this brochure are an accurate reflection of the dimensions and measurements of the plots when built, the dimensions may vary from the measurements shown in the brochure save that any such variation shall be no greater than +/- 50mm of the measurements referred to in the brochure. You are strongly advised, therefore, not to order any carpets, appliances or any other goods which depend on precise dimensions before carrying out an actual measurement within your reserved plot. Whilst every reasonable effort has been made to ensure that the information contained in this brochure is correct, it is designed specifically as a guide only and does not constitute or form any part of a contract of sale transfer or lease unless any point that you specifically want to rely on is confirmed in writing by Crest Nicholson and is referred to in the contract. Please ask a sales executive for further details.

Development Plans

A number of new homes on our developments are designated as affordable homes in accordance with the requirements of the section 106 planning agreement. These are specifically shown on the development plan as affordable housing and/or affordable rent or shared ownership properties to make it clear that they are not available for general sale. The location of affordable homes is indicative only. The remaining homes on the development are available for open market sale (including multi-unit sales) to purchasers, who could be private individuals or another type of purchaser (for example local authorities, housing associations or other commercial landlords), and, therefore, the mix of tenures on a development may change.

Reduced Cost Homes

Reduced Cost Homes is a scheme under the UK Government’s Affordable Housing arrangements and therefore you will need to comply the UK Government’s and the relevant planning authority’s requirements for affordable housing as well as Crest Nicholson’s criteria. The scheme is available on selected homes only. Digital illustrations, images, interactive content and plans are for illustration purposes only and may not accurately depict elevation, materials, gradients, landscaping, street furniture or other details which may be plot specific and may be subject to change.  Window and door sizes and locations are plot specific and may vary. Also they may depict furniture, fixtures and fittings which are not included in the sale of our new homes and optional extras which may be at additional cost. Please speak to a sales executive for plot specific information.  Whilst every reasonable effort has been made to ensure that the information contained in this brochure is correct, it is designed specifically as a guide only and does not constitute or form any part of a contract of sale transfer or lease unless any point that you specifically want to rely on is confirmed in writing by Crest Nicholson and is referred to in the contract. Please ask a sales executive for further details.  Crest Nicholson is a registered developer with the New Homes Quality Code. Please speak to a sales executive if you need further help with any marketing material including provision in another format. 

*Stamp Duty Contribution

*Crest Nicholson’s stamp duty contribution offer is available on our new build homes only, only on selected plots and is subject to contract and eligibility criteria.  You will be required to enter into a reservation agreement to reserve a new build home from us and complete on that purchase.  We will pay to you a contribution towards the amount of the stamp duty applicable to your purchase of our new build home from us only on the basis that you do not own a second home.  If you are a first time buyer you may pay less stamp duty than a normal buyer.  If any higher or additional rates of stamp duty apply due to you owning a second home we will not pay any resulting additional stamp duty.  The amount is paid to you on completion by a deduction from the completion statement, i.e. it is a discount on the price payable by you.  It is your responsibility to then use that money to pay your stamp duty.  We do not pay your stamp duty on your behalf.  To take advantage of this offer you must claim before reserving a property from us.  This offer is not to be used in conjunction with any other offer or scheme.  We may in our absolute discretion, withdraw or alter the terms of this offer at any time before you have reserved your new build home from us and paid your reservation fee.  If your reservation agreement expires, is cancelled or is terminated your stamp duty scheme offer in relation to that reservation will automatically terminate.  Your home may be repossessed if you do not keep up repayments on a mortgage or any other debt secured on it.  Individual lender terms and conditions may affect the offer.  If you require a mortgage, you are strongly advised to obtain advice from a regulated mortgage adviser.  Our usual reservation and sales terms and conditions also apply.  Please speak to one of our sales executives for more details.

105% Part Exchange Terms and Conditions

Definitions and usage

Crest Nicholson is hereinafter referred to as “Crest Nicholson”, “we”, “us” or “our” The current home you are looking to sell is hereinafter referred to as your “Existing Home” Your chosen Crest Nicholson new build home is referred to as your “New Home”

Availability

105% Part Exchange is available only on selected Crest Nicholson homes. Terms and conditions apply.

The value of your Existing Home must be typically no more than 70% of your New Home.

Your Existing Home

Your Existing Home:

• must be in a good state of repair and located in an area of the UK covered by one of our regional housebuilding divisions.
• must be of a standard method of construction.
• if leasehold, must have at least 85 years unexpired term remaining.

Crest Nicholson is under no obligation to make an offer on your Existing Home.

What do I have to do to be considered for 105% Part Exchange?

You need to:

• complete a 105% Part Exchange Valuation Request form; and
• provide access to our representatives and appointed estate agents within 48 hours (excluding weekends) for the purposes of valuations and inspection of your Existing Home.

How does Crest Nicholson make me an offer?

Crest Nicholson will appoint up to three independent estate agents to undertake valuations of your Existing Home. A Crest Nicholson representative may also visit your Existing Home to assess it.

Please note that these estate agents are instructed by Crest Nicholson and are not permitted to discuss figures with yourselves.

Following valuation and inspection of your Existing Home, if it is eligible for 105% Part Exchange in accordance with these terms and conditions, we will make you an offer based upon those valuations and explain how the offer has been arrived at. We may offer up to 105% of the value of your Existing Home. The amount of our offer is at our discretion and may not match the valuations.

The offer will specify the date by which you must accept the offer and complete the reservation of your New Home (which will be 7 days from the date of the letter). If you do not accept the offer by the specified date, it will no longer be capable of acceptance by you.

Any offer made by Crest Nicholson for your Existing Home will be subject to legal due diligence and survey(s) and any necessary further enquiries or reports.

Crest Nicholson reserves the right not to consider or accept your Existing Home for 105% Part Exchange. If this is the case, we will explain the reason for our decision. All valuations and decisions are final.

What happens after I accept an offer for my Existing Home?

At the same time as accepting the offer you need to:

• complete a Reservation Agreement for your New Home and pay a reservation fee and;
• sign a copy of these 105% Part Exchange Terms and Conditions.

If you decide not to proceed with 105% Part Exchange of your Existing Home for your New Home for any reason, or you cancel the Reservation Agreement or it expires, we will:

• if this occurs before expiry of fourteen (14) calendar days from the date of the Reservation Agreement, the reservation fee will be refunded in full if you do not proceed with the purchase of your New Home.
• if this occurs after the expiry of fourteen (14) calendar days from the date of the Reservation Agreement, deduct from the reservation fee (and refund the balance where you do not proceed with the purchase of your New Home):
• if our solicitors or surveyors have been instructed in respect of a part exchange of your Existing Home and we are liable for any abortive costs, disbursements or expenses, a contribution towards such costs, disbursements or expenses of up to £250;
• if we are liable to any estate agency cancellation fees up to £250;
• any further sums that we are entitled to deduct under the terms of the Reservation Agreement.

If we decide not to proceed for any reason with the 105% Part Exchange (for example because of issues arising from the survey, or because of title issues arising following pre-contract enquiries), then the reservation fee will be refunded in full.

Your payments are secured with Crest Nicholson. Any refunds payable to you will be paid directly to you within fourteen (14) working days of the date of notification of cancellation.

Will my New Home stay on the market?

Your New Home will remain on the market and can be reserved by another customer until both a Reservation Form is completed and 105% Part Exchange Terms and Conditions are signed.

What happens next?

After the Reservation Form is completed and the 105% Part Exchange Terms and Conditions are signed:

• we will require your co-operation in allowing us to market your Existing Home without delay ensuring that potential buyers have every chance to view your home. You agree to allow reasonable access to your Existing Home to:
• facilitate the resale (subject to agreed appointments);
• provide a set of house keys (and alarm code if relevant) to the instructed agent for them to be able to carry out accompanied viewings if you are not available; and
• for the instructed agent to erect a “For Sale” sign
• you agree to keep your Existing Home (including any garden) in a neat, tidy and presentable condition for viewings;
• you will need to ensure your solicitor is instructed to proceed on your behalf upon acceptance of our offer and inform them of the Reservation Period end date under the terms of the Reservation Agreement;
• you agree to cancel any existing arrangements with any agents. Any agents’ fees or commissions and VAT that may have been incurred by you prior to or as a result of our taking over the marketing will remain your responsibility. Crest Nicholson will not accept liability towards any such costs or charges;
• any estate agents appointed by Crest Nicholson to market your Existing Home will be acting on our behalf and any fees and commissions for our appointed agents will be met by Crest Nicholson except where:
• any of the deductions set out above and in the Reservation Agreement are applicable; or
• you complete the sale of your Existing Home to any potential purchaser introduced by our appointed agents during the period of our instructions without at the same time completing on the purchase from us of your New Home;
  
  in which case you agree to indemnify us for any agents’ commission and VAT for which we may be held liable;
• both your purchase of your New Home and our purchase of your Existing Home are subject to contract, until simultaneous exchange of contracts has taken place on both transactions. The terms for the transfer of your Existing Home to Crest Nicholson will be on the basis of Crest Nicholson’s standard contract with 105% Part Exchange terms included;
• you will need to accurately complete standard enquiries relating to your Existing Home issued by our solicitors. Since Crest Nicholson has no first-hand knowledge of your Existing Home, you agree that a future purchaser of the Existing Home will rely on your replies and you accept liability for any false or misleading replies;
• your home and garden must be maintained to the same standard as when our valuations took place and the following items must remain in your Existing Home, unless written consent for removal has been obtained from Crest Nicholson:
• fitted carpets
• curtains
• light fittings
• blinds (venetian/vertical/roller etc)
• fires and fire surrounds
• fitted kitchens and all integrated appliances
• fitted wardrobes
• all items fixed to the wall (including bathroom cabinets, towel rails and other bathroom accessories).

Items in the garden including plants, shed and water features must also remain unless otherwise agreed in writing.

If there are specific items you wish to remove, these must be identified in the Reservation Form for your New Home. Removal of these items may necessitate replacement or reinstatement of walls, ceilings or floors to an acceptable standard, including the filling of any holes and repainting;

• You agree to be responsible for any damage to your Existing Home that occurs before transferring your Existing Home to Crest Nicholson, unless caused by Crest Nicholson, our representatives or an estate agent appointed by us. Until that date, your Existing Home is at your risk and you must insure it in its full reinstatement value against the risks usually covered under a comprehensive buildings insurance policy with a reputable insurance company unless it is a leasehold property where insurance is arranged by the Landlord or Management Company;
• We may also in our absolute discretion terminate the arrangement if you do not abide by these terms and conditions for 105% Part Exchange or you act in a way that reduces our prospects of finding a buyer for your Existing Home.

What documents do I need to supply to my solicitor for my Existing Home?

You will need to provide at your cost, prior to exchange of contracts:

• (if you have had either a new central heating or new gas boiler installed at the property since 2006) either a CORGI or (if the work was carried out after 1 April 2009) a new Gas safe service certificate dated within the last 6 months
• an electrical testing certificate for all electric equipment within your Existing Home to certify they are safe and in a full working condition, dated within the last 6 months
• an Energy Performance Certificate
• evidence of service (by appropriately qualified personnel) of all central heating systems and gas fires. If you have already had these serviced within the last 6 months then evidence of this will be sufficient
• if replacement double gazed windows have been installed since April 2002, a FENSA certificate and a copy of the Guarantee

Any prepaid service meters must be replaced with standard credit meters prior to legal completion

Must exchange of contracts for my New Home and my Existing Home take place at the same time?

Yes. Exchange of contracts for both your chosen New Home and your Existing Home must take place simultaneously and you will be informed of timescales for completion throughout the process.

When will Legal Completion take place?

If construction of the New Home has been completed at the date of exchange of contracts there will be a fixed completion date.

If construction of the New Home has not been completed at the date of exchange of contracts written notification will be given to your solicitor when the construction of the New Home has been completed. Legal completion will take place ten (10) working days after the date of such notification. Legal completion of the sale and purchase of the New Home and your Existing Home must take place at the same time. You can live in your Existing Home until legal completion.

What is required on Legal Completion of my New Home and my Existing Home?

On the day of legal completion:

• Full vacant possession of your Existing Home is required (i.e. the property must be left in a clean and tidy condition including the loft, and any outbuildings with only agreed items remaining)
• all utility bills for your Existing Home must be paid up to date, and meters read so that final bills can be forwarded on to you for payment. You are responsible for payment of any bills or invoices relating to the period up to the completion date (including any rent, rent charges, ground rent, insurance premiums or service charges).
• you will receive the keys to your New Home once:
• completion has taken place on your Existing Home; and
• when it is confirmed that you have left 3 sets of keys with our appointed estate agent or ourselves, along with any alarm codes. You will be notified prior to legal completion where these keys are to be left. Any keys not provided may necessitate a locksmith being instructed on our behalf to replace locks and supply keys, the cost of which you will be liable for and the amount would be recovered from you.

When you move out of your Existing Home:

• it must be left in a clean and tidy condition including the loft, and any outbuildings with only agreed items remaining. A £500 retention fee will be held. This £500 will not be allowed against the price of your New Home on completion so you should budget for this.
• if your Existing Home is left in a reasonable condition and all keys are handed in by 4pm on the day of completion, the £500 retention fee will be refunded to your solicitor.
• If we have to use any of the £500 retention fee to make good the Property, we will pay any balance left to your solicitor once the making good works/cleaning are complete.

Arteva Choices and Upgrades

Crest Nicholson's standard specification may vary on each development and from plot to plot.  Choices and upgrades are also available subject to property type, build stage of the property and availability of the products relevant to the choices or upgrades.  Some upgrades and choices may vary if the property features an Air Source Heat Pump.  The choices and options must be selected from our range of choices and optional upgrades.  Optional upgrades will involve additional cost to be paid by you.  Third party products relevant to choices or upgrades should be used, maintained and cleaned in accordance with the manufacturer’s instructions and recommendations.  Damage caused by improper use, cleaning and/or maintenance will not be covered any product guarantee and may invalidate any product guarantee for those products.  Also failing to carry out maintenance in line with the manufacturer’s instructions and recommendations may also invalidate any product guarantee for those products.  Product upgrades, their location, their layout and their extent are subject to review and agreement with the site manager and our technical team.  This is with the aim of ensuring that the product is feasible to install at the plot, will not cause issues with drainage, utilities, communications, structures or other adverse issues and it will be compliant with planning requirements.  We reserve the right to reject or modify any products requested by you.  You will only pay for the products actually installed.  To select choices and upgrades for a property you must reserve that property from us and enter into a reservation agreement so our usual reservation, options and sales terms and conditions also apply.  For more information on the standard specification, the available optional choices, product designs and layouts and upgrades at your chosen development and the build stage of a particular plot and the manufacturer’s instructions and recommendations for any particular products, please speak to one of our Sales Executives who will be happy to assist.