1. Introduction
These Terms of Service govern your use of the Proximity Real Estate website and our commercial property acquisition and sales services. By accessing our website or engaging our services, you agree to be bound by these terms.
Proximity Real Estate is a private commercial property acquisition and sales company registered in England and Wales. We source off-market commercial properties for lease and sale, specialising in gym and leisure, restaurant and food to go, and retail premises across Greater London & the Home Counties.
2. Our Services
Proximity Real Estate provides the following commercial property services:
- Sourcing and presenting off-market commercial property opportunities for lease or sale
- Facilitating introductions between operators, investors and landlords or vendors
- Supporting clients through lease negotiations, heads of terms and sale processes
- Sourcing commercial units for outright purchase where a landlord prefers to sell rather than lease
- Acting as an introducer and sourcing agent for gym, leisure, restaurant, Food To Go and nursery operators
Where we facilitate the sale of a commercial property, we act as an introducing agent. We do not act as a solicitor or conveyancer and we strongly recommend that all clients obtain independent legal advice before entering into any property transaction.
3. Lease Transactions
Where Proximity Real Estate sources a commercial property for lease, we will:
- Identify suitable off-market premises matching your stated requirements
- Introduce you to the landlord or their representative
- Support you through initial negotiations and heads of terms
- Earn a sourcing fee upon successful completion of a lease agreement
All lease agreements are between you and the landlord. Proximity Real Estate is not a party to any lease agreement.
4. Sale Transactions
Where Proximity Real Estate sources a commercial property for sale, we will:
- Identify suitable commercial units available for outright purchase
- Introduce you to the vendor or their representative
- Support you through the sales process up to exchange of contracts
- Earn an introduction or sourcing fee upon successful completion of a sale
All sale transactions are subject to contract and the guidance of qualified solicitors. Proximity Real Estate is not a party to any sale agreement and does not provide legal, financial or surveying advice in connection with any sale.
Buyers are strongly advised to:
- Instruct a qualified solicitor to handle the conveyancing process
- Commission an independent commercial property survey
- Obtain independent financial and tax advice
- Conduct full due diligence on the property and title
5. Fees and Commission
Our fees and commission structure will be agreed in writing prior to commencing any sourcing activity on your behalf. Fees are payable upon successful completion of a transaction unless otherwise agreed in writing.
For lease transactions, our fee is typically calculated as a percentage of the annual rent or as a fixed agreed sum. For sale transactions, our fee is typically calculated as a percentage of the agreed sale price. Full details will be set out in our engagement letter.
6. Anti-Money Laundering Compliance
In connection with the sale of commercial real estate, Proximity Real Estate is subject to the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017. We are required to carry out customer due diligence checks, including verifying your identity and the source of funds, before proceeding with any sale transaction. Failure to provide the required documentation may result in us being unable to act for you.
7. Client Obligations
As a client of Proximity Real Estate, you agree to:
- Provide accurate and complete information regarding your property requirements
- Inform us promptly of any changes to your requirements or financial circumstances
- Provide identity and source of funds documentation when required for sale transactions
- Deal with us in good faith and with commercial integrity
- Not circumvent our introduction by dealing directly with a landlord or vendor introduced by us
- Seek independent legal, financial and surveying advice before completing any transaction
8. No Guarantee of Results
Proximity Real Estate will use reasonable endeavours to source suitable properties matching your requirements. However, we make no guarantee that a suitable property will be found, or that any lease or sale transaction will successfully complete. All property transactions are subject to satisfactory legal due diligence, survey results and the parties reaching agreement on terms.
9. Confidentiality
Both parties agree to keep confidential all information shared in the course of our relationship, including property details, financial terms, sale prices and client requirements. This obligation survives the termination of our engagement.
10. Intellectual Property
All content on the Proximity Real Estate website, including text, graphics, logos and design, is the intellectual property of Proximity Real Estate and may not be reproduced without our prior written consent.
11. Limitation of Liability
Proximity Real Estate acts as an introducer and sourcing agent only. We are not responsible for the condition, title, planning status or suitability of any property introduced to you. Our total liability to you shall not exceed the fees paid by you to us in the preceding 12 months.
Nothing in these terms excludes or limits our liability for fraud, death or personal injury caused by our negligence, or any other liability that cannot be excluded by law.
12. Regulatory Status
Proximity Real Estate is registered with The Property Ombudsman and the Information Commissioner's Office (ICO). Commercial property acquisition and introduction services are not regulated by the Financial Conduct Authority (FCA). Property sale introductions are subject to the Estate Agents Act 1979 where applicable.
13. Termination
Either party may terminate our engagement by giving 14 days written notice. Termination does not affect any rights or obligations accrued prior to termination, including fee obligations arising from introductions made during the engagement period. Where a sale completes after termination but the introduction was made during the engagement period, our fee remains payable.
14. Governing Law
These Terms of Service are governed by the laws of England and Wales. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15. Changes to These Terms
We reserve the right to update these Terms of Service at any time. Updated terms will be posted on this page. Continued use of our services after any changes constitutes acceptance of the new terms.
16. Contact Us
If you have any questions about these Terms of Service, please contact us at ali@proximityrealestate.co.uk or visit our website at www.proximityrealestate.co.uk.