Sales Terms and Conditions
These terms and conditions apply to the sale of properties by LiveWest. Please read them carefully, alongside the applicable sales brochure, Key Information Document and "How to Apply" leaflet, to ensure that you fully understand them before proceeding with a reservation or purchase. These terms are organised into the following sections:
- Section 1 – General sales terms, exclusions, cancellation rights and our contact details;
- Section 2 – Terms and conditions for the £1,000 Shared Ownership Incentive;
- Section 3 – Information about the First Homes Scheme at Broadway
Section 1 – General terms, exclusions and your cancellation rights
Information on this website and our sales brochures
The content on our website (including details of the process of buying, selling or buying more shares of a shared ownership home) and in our sales brochures is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain legal and/or other professional advice before taking, or refraining from, any action on the basis of the content on our website or our sales brochures.
Floor plans, measurements, and images
Floor plans are provided for illustration purposes only and do not constitute any part of an offer or contract. Layout of walls, doors, window fittings and appliances are shown conventionally, and are approximate only and cannot be relied upon. Properties may be left or right-handed. The plans are not to scale nor accurate in detail. Window and external door configurations vary on selected plots - please consult with one of our Sales consultants for details of your chosen property prior to reservation.
Floor areas provided are estimates and should not be relied upon for ordering flooring or furnishings. Room sizes shown are between arrow points as indicated on the plan. The dimensions must be used for nothing other than for general guidance only, and are based on original technical drawings provided by the Developer. Slight variations may occur during construction of the home. Dimensions are shown in metres and converted to feet and inches for convenience. Although checked by the Sales team, measurements are not validated in person on-site, and we recommend taking your own measurements during a viewing.
We make reasonable efforts to update information in our brochures and on our website; however, we do not guarantee that the content is accurate, complete, or up-to-date. For the latest information, please consult one of our Sales consultants.
Applications
In line with anti-money laundering legislation, our procedure requires that you evidence the source of funds for your deposit or cash purchase. This can be a detailed bank statement which shows the account details, the saved amount, and also any periodic payments which have led to the amount being accrued. If you are a cash buyer and the source of funds is from either a house sale, windfall or inheritance, then you will also be required to evidence this. LiveWest reserves the right to decline applications where anti money laundering requirements cannot be satisfied.
Shared ownership
If you are purchasing a shared ownership property, you will acquire a leasehold interest in the property and will be required to enter into a shared ownership lease with LiveWest. Under the terms of the lease, you will be required to pay rent on the share of the property retained by LiveWest, together with any applicable service charges. You may have the right to purchase additional shares in the property over time (known as "staircasing"), subject to the terms of your lease. Full details of the shared ownership lease terms, including your obligations as a leaseholder, will be provided to you during the conveyancing process. You are strongly advised to obtain independent legal advice before entering into a shared ownership lease.
Specifications
The shared ownership specification provided is non-negotiable. We have a policy of continuous improvement, and we reserve the right to change specification details, designs, floor plans and site plans at any time. Any computer generated images depict a typical future street scene of the development once completed. These particulars are intended as a guide only and do not constitute any part of an offer or contract. While particulars are prepared in good faith, no responsibility is accepted as to their accuracy or for any other error, omission or misstatement made by us, people in our employment or our agents whether in the course of negotiation, in the particulars or otherwise.
Where a home includes photovoltaic (PV) panels, customers are not precluded from applying for an export tariff. However, eligibility is not guaranteed and is dependent on a number of factors.
Prices
Prices and rent figures of homes are correct at the time of advertisement and may be subject to change. Service charge figures shown are estimates only and may be subject to change.
Sinking fund
A sinking fund – also known as a reserve fund – is an amount of money which is collected over time and set aside to cover any major works which are needed on a property in the future. Sinking funds are used to pay for future, long-term planned maintenance (e.g. external decoration, roof renewal, replacement of gutters and downpipes etc), but also aim to protect homeowners from large, unforeseen expenses which may arise. However, you should be aware that if the cost of any works is more than the fund has, homeowners may need to find funds for any shortfall.
Site plan
The development layout does not show details of gradients of land, boundary treatments, local authority street lighting or landscaping. It is our intention to build in accordance with this layout, however there may be some occasions when the house designs, boundaries and landscaping positions of roads and footpaths change, as the development progresses. Please consult with one of our Sales consultants for details of your chosen property, prior to reservation.
How we may use your personal information
We are committed to protecting and respecting your personal data and privacy. We are obliged to use your data in accordance with applicable data protection laws. In connection with your application and purchase, your personal data may be shared with third parties, including (but not limited to) mortgage advisers, solicitors, local authorities and Homes England, as necessary for the purposes of processing your application. How we use and collect personal data from you through your use of our website, your communications with third parties we work with or when you use our services is set out in our privacy notice which you can access here.
Limitation of liability
Nothing in these terms and conditions excludes or limits LiveWest's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under applicable law. Subject to the foregoing, LiveWest shall not be liable for any indirect or consequential loss or damage arising out of or in connection with the information provided on our website, in our sales brochures, or in these terms and conditions. Nothing in these terms and conditions affects your statutory rights as a consumer.
Cancellation rights
Individuals who are purchasing a property may cancel their reservation by notifying LiveWest in writing. In the event of cancellation within 14 days of LiveWest receiving the signed Reservation Agreement (the amount of which will be confirmed to you at the time of reservation), LiveWest will refund the amount of the reservation fee in full (subject to anti-money laundering requirements) within 14 days of the cancellation notice being submitted, using the same means of payment used to make the reservation. The reservation fee will not be refunded in the event of cancellation after the expiry of this period, unless LiveWest agrees otherwise at its sole discretion. If you would like to cancel your reservation, please contact newhomes@livewest.co.uk.
New Homes Mortgage Helpline
Although the time to complete an affordability assessment will vary, you have 72 hours from when New Homes Mortgage Helpline contacts you to provide the requested documents. If documents are not received within this timeframe, LiveWest reserves the right to reject the application. If New Homes Mortgage Helpline notify us that your application has been unsuccessful, we will contact you to close your application and explain the reasons why.
Mortgage repayments
Your home may be repossessed if you do not keep up with repayments on a mortgage or any other debts secured on it.
Changes to these terms and conditions
LiveWest may update or amend these terms and conditions from time to time. Any changes will be published on our website. Where a material change is made that affects purchasers who have already reserved a property, LiveWest will use reasonable endeavours to notify affected purchasers directly. Your continued participation in the purchase process following notification of any such changes will constitute acceptance of the updated terms and conditions.
Governing law and jurisdiction
These terms and conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales, without prejudice to your statutory rights as a consumer.
Contact us
If you have any questions about these terms and conditions or about the purchase of a property from LiveWest, please contact us by email at newhomes@livewest.co.uk by telephone on 0800 027 9801, or by post to LiveWest Homes Limited, 1 Wellington Way, Skypark, Clyst Honiton, Exeter, EX5 2FZ.
Section 2 – Terms and conditions for the £1,000 Shared Ownership Incentive
LiveWest is pleased to offer an incentive of £1,000 for purchasers of selected plots at the following North Devon and Torridge developments: Bay View, The Pastures and Ruby Meadows. This incentive is subject to the terms and conditions below.
1. Eligibility
This promotion is open to purchasers who:
(a) Reserve and legally complete the purchase of a qualifying shared ownership home (please contact us to find out which plots are qualifying properties).
(b) Are entering into the purchase as individuals (not companies or organisations) and for use of the home as their primary residence; and
(c) Are eligible for the shared ownership scheme in England, including meeting income thresholds and other criteria as set out by Homes England (further details of which can be found at https://www.gov.uk/shared-ownership-scheme) and LiveWest from time to time.
2. Incentive Details
Eligible purchasers will receive a £1,000 incentive payment intended to assist with initial costs associated with moving into a new home.
The payment may be used at the buyer’s discretion and is not restricted to deposit, mortgage, or furnishing purposes.
3. Payment Method and Timing
The £1,000 incentive will be paid by BACS transfer to the purchaser's nominated bank account within 28 days of legal completion of the home purchase.
Purchasers must provide valid bank account details in writing after exchange of contracts.
Only one incentive payment is available per household and per eligible property.
4. Conditions of Offer
Legal completion of the property purchase must occur, subject to successful handover of the home. There are no clawback provisions or repayment conditions attached to the incentive once paid. The incentive will not form part of the purchase price or impact the buyer’s equity share.
5. Affordability and Mortgage Advice
This incentive does not affect the affordability assessment required for shared ownership eligibility. The £1,000 incentive will not be considered part of the purchaser’s deposit or equity contribution by lenders or housing associations. Purchasers looking to use the incentive towards the purchase price of the home are advised to seek independent financial advice, as incentives may not be accepted by all mortgage lenders.
6. Resale and Ownership Terms
The incentive has no effect on future resale, staircasing rights, or obligations under the shared ownership lease.
The shared ownership lease terms remain unchanged and unaffected by the offer.
7. General Terms
This offer is available on selected plots only and is subject to availability.
This offer is not available to purchasers to whom LiveWest, as a charity, cannot offer the incentive.
The promoter reserves the right to amend, suspend or withdraw the offer at any time without prior notice.
The incentive cannot be exchanged for any other form of incentive or discount and is non-transferable.
This promotion cannot be used in conjunction with any other offers, unless expressly agreed in writing.
Misuse of the promotion or breach of eligibility conditions may result in disqualification.
Section 3 - Information about the First Homes Scheme at Broadway
The First Homes Scheme is a government backed affordable ownership scheme for first time buyers who meet the eligibility criteria. The eligibility criteria is as follows:
(a) Must be first time buyer/s, aged 18 or over.
(b) Must have a joint household income of £80,000 or less.
(c) Must meet local connection criteria, be a key worker and/or be a member of the armed forces.
(d) Must be purchasing as your main-residence and not sub-let.
The properties at Broadway are offered at 70% of open market price, as determined by RICS valuations.
The First Homes scheme applies to both the initial sale of a First Homes property from us to you, and then continues to apply to all future sales of the property (subject to limited exceptions).
If you are interested in purchasing a First Homes property, you must apply via the application form to Somerset Council who will confirm eligibility prior to proceeding with a reservation or purchase.
Further details can be found within the application form and government website: https://www.gov.uk/first-homes-scheme.