FestiveFast Terms and Conditions

The following terms relate specifically to the FestiveFast service and our Terms of Business are to be read as incorporating these terms. Where our Terms of Business reference or imply reference to the muveFast Guarantee, these FestiveFast terms are to be taken as replacing any such reference.

While Muve is committed to transforming the speed of conveyancing, it is important to note that we make no guarantee that the Exchange of Contracts or Completion of your conveyancing transaction will take place by a specified date or within a specified time limit.

Document

Definitions
1. Assessment Fee: £150 plus VAT (representing 25% of the Fast Fee). This is only applicable in some instances if the transaction cannot proceed under the FestiveFast service as identified during the Assessment Stage
2. Assessment Stage: The period starting from the day after the Instruction Date and ending at 11.59pm on the 10th working day thereafter
3. Completion/Completion Date: The date agreed between the parties by way of Exchange of Contracts to complete the sale and/or purchase transaction
4. Exchange of Contracts: When the Agreement to sell or purchase the subject property is formally entered and becomes legally binding on the seller and buyer. The exchanged contract will fix the Completion Date
5. Excluded Transactions:
  1. You are acting by Enduring or Lasting Power of Attorney and the registered Power is not due to be available by 9 December 2024 (evidence of the power, application and proposed registration date shall be required in advance)
  2. You are acting by Grant of Representation but the Grant has not yet been issued by HM Courts and Tribunal Service. If the application for the Grant was submitted by a law firm who confirms the Grant shall be available by 9 December 2024 then this clause shall not apply
  3. We do not have instructions from all registered proprietors or their legal representatives
  4. The subject property forms part of a Relevant Building for the purposes of the Building Safety Act (5 storeys or above)
  5. The property is not registered at HM Land Registry or your ownership has not been registered.
  6. The other party or parties in the chain have informed you they are unable to complete by the Target Date
  7. The property is within a new build development and construction has not yet concluded
  8. You reside in a country designated as high risk by the Financial Action Task Force and/or you are using money accrued in or connected with a high risk country towards the purchase price, in full or in part.
  9. Your sale is dependant on you purchasing a property but you have not provided instructions within the cut-off time for our FestiveFast service
  10. Your purchase is dependant on you selling your property but you have not provided instructions within the cut-off time for our FestiveFast service
  11. Any transaction where the circumstances are considered unusual or particularly complex (from that of a regular, residential sale and purchase transaction) and we inform you at the quote stage that FestiveFast is not appropriate to your circumstances
6. Fast Fee: £600 plus VAT being the uplift on our base legal fee noted on your quote
7. Instruction Date: The date when we receive the signed Client Care letter incorporating our standard Terms of Business and these FestiveFast Terms & Conditions
8. Target Date: Monday 23 December 2024

The FestiveFast Guarantee:
1. The FestiveFast Guarantee only applies to those clients who have purchased our FestiveFast conveyancing service. The legal fee for the FestiveFast service is based on our regular legal fees as quoted plus the Fast Fee
2. The nature of the FestiveFast Guarantee that we make to you is that we will aim to give you the best opportunity of achieving Completion by the Target Date and we guarantee to discount your fees by waiving the Fast Fee if the Target Date is not achieved subject to the terms and conditions below.
  
  Please be aware that this opportunity arises by us conducting as detailed an assessment as possible of your transaction during the first two weeks of the Instruction Date and this is dependant on you providing us with accurate information at the quotation stage.
  
  It is very important for us to stress that any guarantee we make relates solely to the discount to your fees and never to achieving a specific date for Exchange of Contracts or Completion of your transaction.
3. Our FestiveFast Guarantee is such that:
  1. during the Assessment Stage we shall conduct a detailed assessment of your transaction to:
    1. establish the length of the chain (that is the number of transactions dependent on your sale and/or purchase)
    2. the accuracy of information available during the quote stage to ensure the transaction is not an Excluded Transaction (please note that for some purchase transactions we will conduct a check of the Land Registry property register for the property. This is a chargeable disbursement to you of between £3-£15)
    3. any complexities, which you may or may not have known about during the quote stage that may lead to potential delays.
  2. if, during or by the end of the Assessment Stage we inform you that we are aware of factors that make it extremely unlikely that the Target Date shall be achieved or that the Target Date cannot be achieved as a result of complexities or issues outside of our control or that the transaction is an Excluded Transaction, then the following shall apply:
    1. you continue with muveFast (but not FestiveFast) such that we agree a bespoke target date for Exchange of Contracts and the regular muveFast terms apply;
    2. you continue with our regular conveyancing service as already quoted but the Fast Fee shall not apply (and nor shall the FestiveFast terms herein) save that we are entitled to charge the Assessment Fee
    3. you cancel your instruction with us and we are entitled to charge the Assessment Fee together with the file opening fee and disbursements as outlined in our standard Terms of Business for abortive instructions
  3. If, at any time during the transaction after the Assessment Stage but prior to Exchange of Contracts:
    1. you cancel the instruction (including as a result of your sale and purchase falling through) then the terms herein no longer apply save that we shall invoice you for the balance of monies held on your client account (for the avoidance of doubt, this relates only to the initial payment made by you on instruction or for any additional fees for legal work conducted but not any payment towards the purchase deposit or mortgage redemption, for example) in respect of time and costs incurred to that point.
    2. you have failed to comply with any of the Conditions noted herein then the Fast Fee shall continue to apply even if the Target Date is not achieved
    3. you change your mind and decide you no longer want to Complete by the Target Date the Fast Fee shall remain payable notwithstanding that Completion may not take place by the Target Date
    4. provided clauses 2.3.2 – 2.3.3(iii) do not apply, if we become aware of factors that mean Completion will not take place by the Target Date but you continue with your instruction then the FestiveFast Guarantee shall apply and you will not be charged the Fast Fee
  4. If you wish to cancel your instruction at any time after Exchange of Contracts our full legal fees including the Fast Fee are payable
  5. Notwithstanding any alternative service that we offer to you, if Completion is achieved by the Target Date the full Fast Fee remains payable and due to Muve
  6. For the avoidance of doubt, the No Move No Fee guarantee does not apply to FestiveFast or any subsequent service connected with this transaction

Conditions:
1. While we cannot control all the factors that affect the speed of your transaction, we can influence many of them, such that our efforts improve the chance of you moving before the Target Date. However, in making our Guarantee, we also require that you use your best endeavours to be responsive to any instructions we may require from you and to assist us by chasing third parties where it will be helpful and appropriate for you to do so as we may request.
2. In order for the FestiveFast Guarantee to apply you agree:
  1. Where it is a sale transaction, that you are the registered proprietor of the property you are selling or that you will provide the evidence required to legally act on behalf of the registered proprietor(s) in accordance with the timeframes set out herein (see above ‘Excluded Transactions’)
  2. Where it is a purchase transaction, that you are entitled to purchase a property in England and Wales and that you have sufficient funds or have made appropriate mortgage arrangements to proceed with the purchase
  3. To the full use of electronic communication between us including, but not limited to, sending and receiving emails and your use of the Muve Portal.
  4. To ensure your mortgage provider issues the ‘Solicitors Copy’ of your mortgage offer (if applicable) to us by 29 November 2024
  5. To ensure all documents we send to you for completion and signature are completed, signed and returned to us within 48 hours of being sent (or such other timeframe as we may agree with you but this does not confer any obligation on us to do so). Where possible, we will provide you with documents to be signed electronically (including via Docusign), except where we are prohibited from doing so
  6. To provide full instructions, replies to any enquires and any requested documentation that is within your control within 48 hours of request (or such other timeframe as we may agree with you but this does not confer any obligation on us to do so)
  7. To use Thirdfort (or such other equivalent service provider) for identification and source of funds verification (incorporating open banking) where possible. If you are excluded from using Thirdfort (due to your location, for example) you will provide all relevant identification and source of funds documents within 48 hours of request (or such other timeframe as we may agree with you but this does not confer any obligation on us to do so). It will remain your responsibility to arrange for any documentation to be notarised or certified and sent to us, if applicable. Please note that this condition also applies to any Donors/Giftors/private lenders or any other party where we are obliged to obtain identification and/or source of funds verification.
  8. To authorise muve to proceed by way of a ‘no-search indemnity’ where we are notified of a delay in obtaining searches, provided it is acceptable by your mortgage provider (if any)
3. Your transaction is not an Excluded Transaction.
Additional points to note:
1. An expedition fee of £175 plus VAT will apply if completion is in a period of less than 5 working days from exchange. This fee will not apply to any cases required to exchange and complete between 16 - 23 December 2024 inclusive
2. While it is extremely rare, please note that if for any reason Completion does not take place on the agreed Completion Date (such as default by the other party), the terms of the sale contract that you will enter with the other party allow for Completion to take place at any time the parties are ready and able within 10 working days from the original Completion Date. This may mean that actual completion takes place after the Target Date. Provided the default is not as a direct result of any error by Muve, the Fast Fee shall continue to apply

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