Terms & Conditions

Terms and Conditions

These terms and conditions are fully incorporated into the Retainer Agreement (as defined below) and shall take priority and precedence over any other terms and conditions.

The definitions and rules of interpretation outlined here in this document apply in these terms and conditions:

Definitions

“SM Property Group” means SM House Trading Ltd., a company incorporated in England and Wales (company number 16502921) whose registered office is at 6 Wood End Road, Harpenden, Hertfordshire, AL5 3ED;
“You” or “Your” means the person, firm, or company who engages the services of SM Property Group as the client;
“Agreement” means the Retainer Agreement between You and SM Property Group;
“Retainer Fee” means the fee You must pay for SM Property Group to search for properties and present them to You;
“Reservation Fee” means the fee You must pay upon reserving a property deal;
“Exchange Fee” means the fee You must pay within 24 hours of exchanging contracts during the conveyancing process;
“Sourcing Fee” means the sum of the Retainer Fee, Reservation Fee, and Exchange Fee;
“Refurbishment Cost” means the cost of refurbishing the property including labour, materials, etc.;
“Services” means the services as set out in the Agreement, commencing after You have paid SM Property Group the Retainer Fee.

Clauses

For property purchase a Sourcing Fee of £4,000 is applicable and payable to SM Property Group. SM Property Group is not VAT registered and no VAT is chargeable on these fees. This comprehensive fee comprises £500 for the Retainer Fee, £500 for the Reservation Fee, and £3,000 for the Exchange Fee. The Retainer Fee is required before SM Property Group begins the process of sourcing suitable properties on your behalf. The Reservation Fee becomes due upon reserving a selected property deal, and the Exchange Fee is payable within 24 hours from the successful exchange of contracts.
Before the issuance of an invoice for the Retainer Fee, you will receive confirmation of an approximate designated search commencement date. Once the Retainer Fee is paid and the designated search commencement date arrives, SM Property Group will initiate the meticulous process of diligently searching for a property deal for You.
SM Property Group is committed to presenting you with a selection of three suitable property deals within an eight-week timeframe, commencing from your search commence date. If this commitment is not fulfilled, you retain the right to terminate your engagement with SM Property Group. If such termination occurs, you will be entitled to a refund of your Retainer Fee.
During the eight-week period, SM Property Group will provide you with up to three suitable property investment options. Should you decide not to accept any of the presented properties without reasonable cause, SM Property Group reserves the right to conclude the engagement. In such instances, your Retainer Fee will not be refunded.
Upon approval of the refurbishment schedule of works, you will receive an email containing a Payment Request for the initial stage of works. Commencement of the refurbishment is contingent upon the successful completion of this initial payment. Subsequent stage payments follow a similar process, initiated through Payment Requests, with each stage’s commencement dependent on the successful completion of the corresponding advance payment. For projects under £5,000, the entire refurbishment cost will be requested upfront to streamline administrative processes.
Refurbishment payments must be made within 48 hours of receiving the Payment Request to prevent potential project delays.
As part of our commitment to transparency and to assist you in your accounting and bookkeeping processes, you will receive copies of the trade’s invoices and SM Property Group’s Project Consultancy invoices for your records. These documents will provide a comprehensive summary of the total amount you have paid for the refurbishment project.
Trade invoices undergo meticulous scrutiny by SM Property Group to assess work completion and quality. Payments to tradespeople are disbursed from an account within SM Property Group’s bank, established exclusively for refurbishment funds.
SM Property Group’s Project Consultancy fee is determined as the larger of 10% of the total refurbishment cost or £500. This fee covers comprehensive project coordination. For each stage payment made to tradespeople, SM Property Group will retain 10% of that payment as part of the Project Consultancy fee, until the total agreed consultancy fee has been collected. For projects under £5,000, the full Project Consultancy fee is collected upfront alongside the initial payment.
SM Property Group functions solely as a Project Consultancy for your refurbishment projects. Our role encompasses project oversight, coordination of tradespeople and suppliers, financial management, quality control, schedule adherence, and communication facilitation. We do not engage directly in construction work or assume liability for work performed by tradespeople or suppliers. Any agreements with tradespeople or suppliers are your responsibility. SM Property Group’s primary function is to manage and coordinate the project on your behalf. We are not principal contractors, builders, or engaged in the physical construction of the property.
In the event that a tradesperson or supplier fails to complete works, becomes insolvent, or delivers work of an unacceptable standard, SM Property Group will use reasonable endeavours to appoint a replacement, but accepts no liability for costs, delays, or losses arising from such failure.
To maintain clear communication, kindly refrain from engaging tradespeople without prior written authorisation from SM Property Group. All communication should be directed through SM Property Group, ensuring effective coordination.
While SM Property Group diligently strives to recommend dependable and respected service providers, including tradespeople, finance, legal, surveying, or related services, it is important to note that SM Property Group assumes no responsibility or liability for any loss or damage arising from these recommendations. Any contractual agreements for such services are exclusively between You and the respective service provider.
As part of due diligence, ensure that you carefully review the property details provided in the brochure, including the property area, purchase price, estimated rental income, and refurbishment cost. You may also conduct independent research and consult local market data.
SM Property Group shall not be liable or responsible for any deal falling through due to circumstances beyond its reasonable control, including but not limited to structural alteration or damage to the property, down-valuation by a mortgage or surveying valuer, the vendor withdrawing from the sale, changes in mortgage lending criteria, or any act or omission by a third party including solicitors, brokers, or surveyors.
Where a deal falls through due to circumstances beyond the reasonable control of either party, the Retainer Fee shall not be refunded but shall be rolled over and applied to the next property sourced on Your behalf, and SM Property Group will recommence searching for the next suitable property for You. Any Reservation Fee or Exchange Fee paid in relation to that transaction shall be refunded to You within 14 days.
Where a deal falls through due to the client’s inaction, failure to respond to reasonable communication, failure to meet payment deadlines, or withdrawal from the transaction without reasonable cause, the Retainer Fee shall be forfeited in full and will not be refunded or carried over to a future search.
This clause governs refunds in the event of voluntary termination of the Agreement by You:
1. The 14-day cooling off period is governed by clause 17. Outside of this period, the Retainer Fee is non-refundable upon voluntary termination, except where SM Property Group has failed to fulfil its obligations under Clause 3.
2. The Reservation Fee is non-refundable once a property has been reserved on Your behalf, except where the deal falls through, through no fault of the client, in which case the Reservation Fee shall be refunded in accordance with Clause 14.
3. The Exchange Fee is non-refundable once contracts have been exchanged, except where the deal falls through, through no fault of the client, in which case the Exchange Fee shall be refunded in accordance with Clause 14.
4. Any unused refurbishment funds, after deducting expenses incurred to the date of termination, will be refunded to You within 30 days of termination.
5. No refund will be issued once a property transaction has completed in full.
You have the right to cancel this agreement within 14 days of signing without providing any reason. If You exercise this right, You will receive a full refund of the Retainer Fee within 14 days of notifying SM Property Group of Your decision to cancel. Notification of cancellation must be sent in writing to [email protected]. This cooling off period does not apply where You have requested that SM Property Group commence the search prior to the expiry of the 14-day period, provided such request has been made in writing. Where such a request has been made and work has commenced, SM Property Group reserves the right to retain a proportionate amount of the Retainer Fee reflecting work carried out up to the point of cancellation.
SM Property Group is committed to providing a professional service. If you have a complaint, it must be submitted in writing by email to [email protected]. Within 3 working days of receipt, SM Property Group will issue a written acknowledgement. A formal written outcome will be provided within 15 working days of that acknowledgement. If you remain dissatisfied, you may request a further review by a senior member of staff independent of the original investigation, who will provide a final written response within 15 working days. SM Property Group is a member of The Property Ombudsman. If your complaint remains unresolved after 8 weeks, or you are dissatisfied following our internal procedure, you may escalate to:

The Property Ombudsman, Milford House, 43–55 Milford Street, Salisbury, Wiltshire, SP1 2BP.
Tel: 01722 333 306
Email: [email protected]
Website: www.tpos.co.uk.

Complaints must be referred to The Property Ombudsman within 12 months of our final response and must be accompanied by supporting evidence.
You acknowledge and agree that:
1. all information sent to You by SM Property Group is private and confidential and should not be discussed with any third party unrelated to the agreement between You and SM Property Group;
2. not all the properties introduced by SM Property Group will match Your requirements in every respect;
3. a property may be withdrawn from the market before You receive details of it from SM Property Group;
4. the details contained and any information provided to You are for guidance only, and You must always do Your own due diligence. Any photographs, floor plans, sizes and specification are subject to changes and only give a general indication of a property. The Market Value of the property is an estimated value. It is based on comparable properties for sale or sold in the area as well as local agents’ opinion;
5. You shall satisfy Yourself as to the correctness of any information provided by SM Property Group before purchasing a property;
6. the seller may withdraw from the sale or change the price of a property at any time;
7. SM Property Group does not offer any legal, surveying, financial, tax, accounting or other specialist advice;
8. SM Property Group have recommended that You take appropriate legal and other advice and to use the services of solicitors, surveyors, valuers, financial advisers and other specialists, for whose fees You are solely responsible;
9. the choice of property and refurbishment specification is Your responsibility.
You shall:
1. not contact or contract, negotiate or directly deal with a developer, vendor or any agent regarding a property You have been offered by SM Property Group other than to confirm specific information such as floor plans, sizes and specifications etc and only with prior written authorisation from SM Property Group;
2. supply photographic identification, proof of address and proof of funds to SM Property Group, in accordance with our Privacy Policy;
3. not use the intellectual property rights of SM Property Group or trade under a name similar to SM Property Group.
SM Property Group is registered with HMRC for Anti-Money Laundering supervision (under registration number XVML00000212275) and complies with the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017, the Proceeds of Crime Act 2002, and the Terrorism Act 2000. In addition to the identification requirements in clause 20(b), You must provide proof of source of funds (such as salary slips, business accounts, or inheritance documents) upon request. SM Property Group may use trusted third-party providers to assist with identity verification, who adhere to UK GDPR requirements. Enhanced Due Diligence may be required for Politically Exposed Persons, overseas investors, or complex corporate structures. If suspicious activity is detected, SM Property Group is required by law to file a Suspicious Activity Report with the National Crime Agency. You will not be notified of any such report due to legal tipping off restrictions under the Proceeds of Crime Act 2002. All AML records are retained securely for 5 years following the end of the business relationship and may be shared with regulators or authorities if required. SM Property Group reserves the right to decline any client or transaction that fails to meet AML requirements or raises suspicion of financial crime.
Fixed return or joint venture opportunities can only be presented to High Net Worth Individuals or Self-Certified Sophisticated Investors as defined by the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005. You must sign a relevant declaration before viewing such opportunities. Clients who do not qualify will not be presented with opportunities requiring FCA exemption.
SM Property Group does not hold a license as an investment advisor and does not provide, nor is it authorised by the Financial Conduct Authority to provide, investment or financial advice.
By engaging SM Property Group’s services, You authorise SM Property Group to obtain or be copied into the mortgage valuation report solely for the purpose of monitoring transaction progress and ensuring timely communication between lender, broker, and solicitor. Mortgage valuation details are treated as confidential and will not be disclosed to third parties except where necessary for the progression of the transaction. You may revoke this consent at any time by writing to [email protected], however this may result in delays to the transaction.
All fees payable to SM Property Group must be made in GBP via bank transfer. Cash payments are not accepted. Payments in foreign currencies are only accepted if converted to GBP, with any exchange fees borne by You. Failure to meet payment deadlines may result in suspension or termination of services until full payment is received. You are responsible for paying all third parties, including solicitors, brokers, and contractors, directly. SM Property Group accepts no liability for third-party service quality or missed deadlines caused by non-payment to those parties.
SM Property Group reserves the right to refuse service, suspend, or terminate agreements with immediate effect where You engage in abusive, threatening, or discriminatory behaviour toward staff, contractors, or third parties; provide false or misleading information; fail to comply with these Terms or any signed agreement; obstruct service delivery including repeated failure to communicate or provide documentation; breach confidentiality obligations; or engage in any illegal activity. In the event of termination due to prohibited conduct, no refunds will be issued for any fees paid and SM Property Group reserves the right to seek legal remedies for any losses incurred.
SM Property Group reserves the right to update these Terms and Conditions at any time to reflect changes in law, regulation, or business practice. You will be notified of significant changes via email. Continued engagement with SM Property Group’s services following notification of an amendment constitutes acceptance of the revised Terms.
SM Property Group complies with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Personal data collected in connection with the provision of services will be processed in accordance with SM Property Group’s Privacy Policy, a copy of which is available upon request.
SM Property Group shall endeavour to ensure that all information passed to You about any property is accurate and does not mislead. However, SM Property Group is not responsible for the accuracy of any information provided to SM Property Group by the sellers of properties or their agents or for the accuracy of any entry in any public register, and shall not be liable for any loss or damage resulting from the inaccuracy of any such information.
SM Property Group shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits, loss of opportunity or business interruptions caused or alleged to have been caused by the performance or non-performance of the Services. You agree that Your sole remedy against SM Property Group is limited to a refund of payment made by You for said Services, less expenses paid to subcontractors or to third parties. No refund will be issued for completed property transactions. SM Property Group is not responsible for errors which result from faulty or incomplete information supplied to SM Property Group by vendors, their agents, or any other third party. Any figures, projected rental income, yields, or returns provided by SM Property Group are estimates only and are not guaranteed. SM Property Group accepts no liability for any variance between projected and actual figures. You agree to always do Your own due diligence. You also agree to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties or SM Property Group. SM Property Group shall not be liable to You for any costs, damages or delays including without limitation any economic loss or other loss of turnover, profits, business or goodwill to the fullest extent permitted by law. Nothing in these Terms and Conditions shall limit the liability of either party to the other for fraud or fraudulent misrepresentation, or for death or personal injury due to negligence.
SM Property Group reserves the right to terminate its relationship with You at any time, providing You have no ongoing and active property transaction underway with SM Property Group. In such a case, the relationship between You and SM Property Group can be terminated once such transaction has completed and no fees remain outstanding from You.
You have the right to terminate the relationship with SM Property Group at any time providing You have no ongoing and active property transaction underway with SM Property Group. In such a case, the relationship between You and SM Property Group can be terminated once such transaction has completed and no fees are outstanding from You.
SM Property Group has the right to terminate the Agreement immediately if You have committed a material breach of the Agreement, unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if You have failed to remedy the breach within 14 days after a written notice to do so; or You become insolvent or are the subject of a bankruptcy order.
Each party agrees to keep confidential during and after the term of the Agreement all information which is confidential that it has received in relation to the business of the other party, including without limitation any information that would be regarded as confidential by a reasonable business person relating to the business, assets, affairs, customers, clients and suppliers of the disclosing party (“Confidential Information”), and shall not disclose such Confidential Information to any person except as permitted in accordance with these terms and conditions.
For the purposes of the Agreement and these terms and conditions the expression “Confidential Information” shall not include any information which has come into the public domain otherwise than through a breach of the Agreement by that recipient party; or in the possession of the recipient party on a non-confidential basis before the disclosure to it under the Agreement took place; or obtained by the recipient party from a third party who is free to disclose it. Each party may disclose the other party’s Confidential Information as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
You hereby grant to SM Property Group the right to use details in relation to the property transactions covered by this agreement for the purposes of promoting the services of SM Property Group. This will include, but will not be limited to, headline transaction values, property photographs, video and audio footage. Any such use will be anonymised and will not identify You personally without Your prior written consent.
This Agreement and these terms and conditions contain the total understanding and agreement of the parties and supersedes all previous understandings or agreements between them, either in writing or oral, relating to its subject matter, provided that this shall not apply to fraudulent or negligent misrepresentation.
If, due to war, strike, lockout, accident, fire, natural catastrophe or other events or circumstances beyond its reasonable control, either party fails to comply with any obligation to the other party in the manner and time required under the Agreement, it shall not be deemed to be in breach of the Agreement and not be responsible or liable for any loss or damage which may be incurred by the other party as a result of such failure. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 2 months, the party not affected may terminate the Agreement by giving 1 month’s written notice to the affected party.
Nothing in the Agreement is intended to, or shall be deemed to, establish any partnership.
The Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement and/or these terms and conditions.
The Agreement may be executed in any number of counterparts, each of which shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
If any provision or part-provision of the Agreement and/or these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Agreement and terms and conditions. If any provision or part-provision of the Agreement and/or these terms and conditions is deemed deleted, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Last updated on 30/08/2026.