Terms & Conditions

By accessing and/or using the Sherry FitzGerald Madden Website, you agree to be bound by the terms and conditions set out below.

1. Any reference made on this web site to “Sherry FitzGerald”, “we”, “us” or like terms refers to Sherry FitzGerald Holdings Limited and, where the context so admits, includes any or all members of the Sherry FitzGerald group including its subsidiary companies and franchisees.
2. These terms and conditions, together with the content and use of this web site shall be governed by and construed in accordance with Irish law. Any dispute in relation to this web site shall be governed by the laws of Ireland and the Irish courts shall have exclusive jurisdiction in respect of any such dispute.
3. We have taken care to ensure that the material and information contained on this web site is as accurate as possible. However, we do not give any representation or warranty, express or implied, in relation to the accuracy or completeness of the said information. All users should take independent professional advice if they require information in relation to any matter addressed on this web site.
4. Except as expressly set out in these terms and conditions, all representations, warranties, terms and conditions whether express or implied in relation to this web site and/or the information contained herein are hereby excluded to the fullest extent permitted by law.
5. Due to the fact that we cannot guarantee that our web site will be fault free or that the information contained on this web site will be correct, we do not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits) arising as a result of this web site or the information contained therein (including any errors, inaccuracies or omissions in such information or any faults, interruptions or delays in connection with this web site).
6. Nothing on this web site should be construed as constituting an offer, acceptance or contract or any part thereof.
7. In accessing this web site, you agree to comply with all applicable laws in force in the place from where you are accessing this site.
8. All content and designs included in this web site (including, without prejudice, text, graphics, logos, button icons, images, audio clips and software) is protected by copyright, trademark or other intellectual property rights and is the property of Sherry FitzGerald or is licensed to Sherry FitzGerald by third party providers. You may print or download, in electronic form, material from this web site for your personal and non-commercial use. You may not make any changes to any material that you print or download, including, without limitation, removing any copyright or prohibitory notices. All other uses are prohibited including, without limitation, distributing, reproducing, modifying or copying, or using for any commercial purposes, any of the materials or contents of this site.

Brochures

Commercial

General conditions to be noted:

1. These particulars do not constitute an offer or contract or any part thereof and none of the statements contained in the particulars as to the property to be relied on to a statement or representation of fact.
2. The Agent(s) nor its staff are authorised to make or give any representation or warranty in respect of this property.
3. All descriptions, dimensions, references to condition and necessary permission for use and occupation, and other details are given in good faith and are believed to be correct, but any intending purchaser or tenant should not rely on them as statements or representations of fact but must satisfy himself/herself by inspection or otherwise as to the correctness of each of them.
4. The agent shall not be required to give any warranty or covenant in respect of the Property. While the agent is familiar with the appearance and lay out of the Property it does not to purport to have either knowledge or awareness as to the title to be furnished or planning documentation. It shall be a matter entirely for the purchaser or any intended purchaser to be satisfied as to the adequacy of all such documents.
5. It shall be a matter for a purchaser to satisfy itself as to the availability of services to the Property both in respect of its existing use and any intended use and no warranties are given by the agent or representation made.
6. Neither the vendor nor the agent shall be required to define boundaries, fences, ditches, hedges or walls – nor to ascertain which, (if any) might be of a party nature.
7. In the event of any inconsistency between these particulars and the contract of sale, the latter shall prevail.
8. The terms, Vendor and Purchaser, where the context requires shall be deemed to refer to Lessor and Lessee and Landlord and Tenant respectively.
9. Prices are quoted exclusive of VAT (unless otherwise stated) and the purchaser/lessee shall be liable for any VAT arising on the transaction.

Brochures

Residential – Sherry FitzGerald

General conditions to be noted:

1. These particulars do not constitute an offer or contract or any part thereof and none of the statements contained in the particulars as to the property is to be relied on as a statement or representation of fact.
2. The Agent(s) nor its staff are authorised to make or give any representation or warranty in respect of this property.
3. All descriptions, dimensions, references to condition and necessary permission for use and occupation, and other details are given in good faith and are believed to be correct, but any intending purchaser or tenant should not rely on them as statements or representations of fact but must satisfy himself/herself by inspection or otherwise as to the correctness of each of them.
4. The agent shall not be required to give any warranty or covenant in respect of the Property. While the agent is familiar with the appearance and lay out of the Property it does not to purport to have either knowledge or awareness as to the title to be furnished or planning documentation. It shall be a matter entirely for the purchaser or any intended purchaser to be satisfied as to the adequacy of all such documents.
5. It shall be a matter for a purchaser to satisfy itself as to the availability of services to the Property both in respect of its existing use and any intended use and no warranties are given by the agent or representation made.
6. Neither the vendor nor the agent shall be required to define boundaries, fences, ditches, hedges or walls – nor to ascertain which, (if any) might be of a party nature.
7. In the event of any inconsistency between these particulars and the contract of sale, the latter shall prevail.
8. The terms, Vendor and Purchaser, where the context requires shall be deemed to refer to Lessor and Lessee and Landlord and Tenant respectively.

New Homes

Conditions to be noted:

The particulars contained in this document were prepared from preliminary plans and specifications and are intended as a guide as final finishes may vary. The particulars do not form part of any offer or contract and should not be relied upon as statements or representation of facts.

Any areas, measurements or distances are approximate. Text, photographs, plans and site plans are for guideline only, are not necessarily comprehensive and may be subject to change.

The Agent(s) are not authorised to make or give any representations or warranties in relation to the property.

It should not be assumed that the property has all necessary planning, building regulations or other consents.

We have not made any investigation into the existence or otherwise of any issues concerning pollution of land, air or water contamination.

The purchaser is responsible for making his own enquiries.

Lettings

Conditions to be noted:

These particulars do not constitute an offer or contract or any part thereof and none of the statements contained in the particulars as to the property is to be relied on as a statement or representation of fact.

The landlord does not make or give, nor is the Agent(s) or its staff authorized to make or give any representation or warranty in respect of this property.

All descriptions, dimensions, references to condition are given in good faith and are believed to be correct but any intending tenant should not rely on them as statements or representations of fact but must satisfy himself/herself by inspection or otherwise as to the correctness of each of them.

These details do not form part of any contract and are issued on the understanding that all negotiations are conducted through this agent.

Mortgages

Conditions to be noted:

Mortgage Insight Ltd T/A Sherry FitzGerald Mortgages is regulated by the Central Bank of Ireland.

Auctions

Terms and Conditions for properties for sale by Auction

Where the sale is by auction, the following provisions shall apply:

• The Auctioneer may refuse to accept any bid. If any dispute shall arise as to any bidding, the Auctioneer shall (at their option) either determine the dispute or again put up the property in question at the last undisputed bid. No person shall advance at a bidding a sum less than that fixed by the Auctioneer, and no accepted bid shall be retracted.
• Subject to the foregoing, the highest accepted bidder shall be the Purchaser.
• The Vendor may divide the property set forth in the Particulars into lots and sub-divide, consolidate or alter the order of sale of any lots.
• There shall be a reserve price for the Subject Property whether the same shall comprise the whole or any part of the property set forth in the Particulars.
• The Vendor may withdraw the whole of the property set forth in Particulars or, where such property has been divided into lots, withdraw any one or more of such lots at any time before the same has been sold without disclosing the reserve price.
• The Auctioneer reserves the right to alter the order of the properties for auction on the day of the auction.
• A reserve price will be set by the Vendor on the day of the auction. If at the auction the highest price bid does not reach the sum of the reserve, then the property will be withdrawn.
• It shall be unlawful for the bidder to make a bid for the property on behalf of the vendor, subject to certain exemptions. See Exemptions Section of the Property Services (Regulations) Act, 2011, Part 6, Section 58, Pages 60 and 61 www.psr.ie
  
• If the property exceeds the Vendor’s reserve, the Auctioneer will declare the property “on the market” and the highest bidder, at that stage (after it is declared on the market, following the fall of the hammer) will be deemed to be the Purchaser.
• The Auctioneer does not have to disclose the reserve price when withdrawing the property.
• The Auctioneer may refuse to accept any bid, but no accepted bid will be retracted.
• It shall be unlawful for the bidder to make a bid for the property on behalf of the vendor, subject to certain exemptions. Insert link to exemptions section of Property Services (Regulations) Act, 2011, Part 6, Section 58, Pages 60 and 61.
• If the property is withdrawn, the Auctioneer may decide to deal exclusively or otherwise, with the highest bidder. If those discussions lead to an agreement to sell the property, then the purchaser will be asked to sign the legally binding contract immediately and pay a 10% deposit (subject to a minimum of €5,000.00).
• The Purchaser shall forthwith pay to the Vendor’s Solicitor as stakeholder a deposit of 10% of the Purchase Price in part payment thereof and shall execute the contract and complete the purchase of the Subject Property in accordance with the Conditions.
• Sherry FitzGerald Group quote property prices in Euro. Where currency conversions are offered, they are approximate and are for illustrative purposes only. The Euro amount quoted is final.
• The Auctioneer reserves the right to sell the property in advance of the Auction.
• Accordingly, the properties as per the catalogue shall be for sale by auction, unless previously sold.
• You will be requested to pre-register for auctions. Confirmation of registration should be printed off and provided on the day of the auction.
• If you have not pre-registered, please arrive 45 minutes before the auction is due to start to enable you to register on time.
• You will be asked for a cheque or bank draft, normally 10% of the purchase price, subject to a minimum of €5,000.00. Deposit cheques must be in EURO and made payable to the vendors solicitor.
• You will be asked to provide details of your solicitor who will be acting for you if you are the successful purchaser.
• In the event that you are unable to attend, a bid may be submitted by phone or proxy by prior arrangement. Please enquire directly with the sales agent for the specific property and refer to our ‘Terms & Conditions for Bidding by Phone or Proxy’.

Cookies

Similar to other commercial websites, our website utilises a standard technology called “cookies” and web server logs to collect information about how our website is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at our website, and the websites visited just before and just after our website. This information is collected on an aggregate basis. None of this information is associated with you as an individual and in no way do we track individual e-mail addresses, usage of web pages or any other information personally identifying you.

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