MCOB 4 Annex 3 1Additional information requirements in respect of distance mortgage mediation contracts, 3 distance home purchase mediation contracts and distance regulated sale and rent back mediation contracts 3with 2 consumers21

R

This table belongs to MCOB 4.5.2 R

Additional information for distance contracts with retail customers2 consumers2

All the contractual terms and conditions on which the service will be provided including, in particular, the following information:

(1)

where the firm has a representative established in the consumer's 2EEA State or other country of residence, the identity of that representative and the geographical address relevant to the consumer's 2relations with him;

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(2)

where the consumer's2 dealings are with any professional other than the firm, the identity of that professional, the capacity in which he is acting with respect to the consumer2, and the geographical address relevant to the consumer's2relations with that professional;

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(3)

in relation to the contract:

(a) any limitations of the period for which the information provided is valid;

(b) in relation to services performed permanently or recurrently, the minimum duration of the contract;

(4)

in relation to the cost of the service:

(a) notice of the possibility that other taxes or costs may exist that are not paid through the firm or imposed by it; and

(b) any specific additional cost to the consumer2, if any, for using a means of distance communication;2

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(5)

the existence or absence of a right to cancel. Where there is such a right:

(a) its duration and the conditions for exercising the right to cancel, including information on the amount which the consumer2 may be required to pay (or which may not be returned to the consumer2) if the contract is terminated early or unilaterally under its terms;

(b) the consequences of not exercising the right to cancel; and

(c) practical instructions for exercising the right to cancel, including as a minimum the method in MCOB 4.6.5 R (1), details of the address to which the cancellation notice should be sent and the fact that the notice must clearly indicate, however expressed, the consumer's2 intention to cancel the contract; and

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(6)

details of:

(a) the EEA State or States whose laws are taken by the firm as a basis for the establishment of relations with the customer prior to the conclusion of the regulated mortgage contract,33 home purchase plan or regulated sale and rent back agreement; 3

(b) any contractual clause on law applicable to the regulated mortgage contract,3 home purchase plan or regulated sale and rent back agreement31 or on competent court, or both; and

(c) the language in which the contract is supplied and in which the firm will communicate during the course of the regulated mortgage contract,33 home purchase plan or regulated sale and rent back agreement.31

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