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Important Notices to be read by all Bidders
Conditions of Sale
All lots will, unless previously withdrawn, be sold subject to the special and
standard conditions of sale which have been prepared by the vendor’s solicitors.
These conditions are available for inspection by arrangement with the
Auctioneers, and will be available in the saleroom on the day of the auction,
but will not then be read. All bidders are deemed to have inspected these
conditions, and bid upon these terms.
Buying at Auction
1. Bidders are assumed to have inspected any property they bid for, and are
assumed to have made whatever enquiries are prudent including pre-contract
searches and enquiries, enquiries to relevant authorities, service providers, or
other bodies, and are assumed to have taken professional advice with regard to
the title and condition of the property.
2. When the Auctioneer’s gavel falls the successful bidder has entered into a
binding contract to purchase the property. The purchaser must then present
immediately to the Auctioneer’s clerk their name, address, solicitors’ details
and telephone numbers. The purchaser must then sign and exchange contracts with
the vendor’s solicitors (or their agents) prior to leaving the saleroom. At the
same time the purchaser must pay to the vendor’s solicitors (or their agents) a
deposit by cheque for 10% of the purchase price (or £2,000, whichever is the
greater).
Proof of identity and address will be required from purchasers, as detailed on
the opposing page.
In default of any part of the above, the Auctioneer shall be entitled as agent
for the vendor to treat the failure or default as repudiation and rescind the
contract. Thereafter the Auctioneer shall be entitled to re-offer the property
for sale. If the purchaser does not pay the deposit and/or does not sign the
contract the vendor reserves the right to claim any loss suffered as a result.
3. Where a bidder is bidding on behalf of someone else (a third party), the
Auctioneer will treat the bidder as bidding personally for themselves, unless
the third party has given a letter of authority to the Auctioneer prior to the
auction commencing and has proved their identity and address, and that of the
bidder, to the Auctioneer’s satisfaction. Please consult the Auctioneers for
further guidance in respect of third party bidding.
4. A successful bidder is liable for insuring the property as soon as the
Auctioneer’s gavel falls, and should have made prospective arrangements
beforehand.
5. The purchaser is required to complete the purchase twenty eight days after
the date of the auction, unless the Auctioneer or special conditions of sale
specify otherwise. The purchaser must have made suitable finance arrangements in
good time prior.
6. The Auctioneers may make guide prices available for certain lots and these
will be published in the catalogue, and may also be obtained from the
Auctioneers office or website. The Auctioneers cannot accept any responsibility
for the accuracy of guide prices, as they are intended as a guide only. Any
guide prices or estimates of value mentioned by the Auctioneers or their
representatives cannot be relied upon, and prospective purchasers are deemed to
have taken professional advice with regard to the value of any property for
which they bid.
7. The vendor of any lot has the right to sell that lot prior to the auction, or
withdraw it from the auction. Neither the vendor nor the Auctioneers will be
responsible for any abortive costs, loss or damages incurred by a prospective
purchaser. Enquiries to the Auctioneers as to whether a lot has been sold prior
to, or withdrawn from, the auction are valid only up to the time that the
enquiry is made. Prospective purchasers can check with the Auctioneers by
telephone, or on their website, at any time prior to the auction that any
particular lot is still to be offered.
8. Auction catalogue amendments (addendum) are displayed in the saleroom on the
day of sale. All bidders are deemed to be aware of any amendments and/or any
other announcements made by the Auctioneer and bid subject to these amendments
and announcements. It is essential therefore to arrive at the saleroom prior to
the commencement of proceedings at 11.00am so there is time to check any
amendments and hear any announcements.
9. Arrangements to view any lot must be made through the Auctioneers’ office. No
guarantee is given that viewing of any particular lot will be possible and
viewing of tenanted properties is by courtesy of the tenant. The Auctioneers
will however make every reasonable effort to make lots available for viewing.
10. The Auctioneer reserves the right to refuse to accept bids, and need not
explain why. If there is any dispute relating to bids or bidding, the Auctioneer
shall be entitled to resolve the dispute, and his decision shall be final.
Unless stated otherwise each lot is subject to a reserve price. If no bid equals
or exceeds the reserve price the lot will be withdrawn from the auction. The
vendor may bid, or ask the Auctioneer or another agent to bid on his behalf, up
to but not equalling or exceeding the reserve price.
11. Where a bidder purchases a lot in the auction saleroom, there will be an
administration charge payable to the Auctioneers of £150 (including vat). This
must be paid in the auction saleroom to the Auctioneers by cash or cheque.
12. The Auctioneers reserve the right to photograph successful bidders for
security purposes, and to tape record and/or film the auction proceedings.
13. The Auctioneers reserve the right at their discretion to take telephone bids
from prospective purchasers. Please consult the Auctioneers for further guidance
in respect of telephone bidding. The Auctioneers do not take electronic bids of
any kind.
14. The date of the auction is provisional only and whilst the Auctioneers will
take all steps to ensure that the auction takes place on the date indicated,
there may be exceptional circumstances that make it necessary to change the date
or cancel the auction. Any amendment to the date, time or venue indicated will
be posted on the Auctioneer’s website not later than seven days before the
original date indicated.
15. For clarity, the following lots are not being offered for sale with vacant
possession, but are subject to the existing tenancies as stated in the
catalogue. These lots are numbers: to be specified in the catalogue.
The Property Misdescriptions Act 1991
The Auctioneers have not tested any apparatus, equipment, fixtures, fittings or
services, and so do not verify that they are in working order, fit for their
purpose or within the ownership of the vendor. Therefore prospective purchasers
must assume that the information given is incorrect. Neither have the
Auctioneers checked the legal documentation to verify the legal status of the
property or the validity of any guarantee. Prospective purchasers must assume
that the information is incorrect, until it has been verified by their own
Solicitor.
Any measurements supplied are for general guidance and as such must be
considered as incorrect. Prospective purchasers are advised to re-check the
measurements themselves before committing to any expense. Nothing concerning the
type of construction or the condition of the structure is to be implied from the
photograph/s of the property.
Information in this catalogue may change in the course of time, and any
interested party is advised to make a final inspection of the property prior to
the auction date.
Misrepresentation Act 1967
This catalogue is prepared as a general guide only and should not be relied upon
as a basis to enter into a legal contract, or to commit to expense. Interested
parties should consult their own Surveyor, Solicitor or other professionals
before committing themselves to any expense or legal commitment. If any
interested party wishes to rely upon any information from the Auctioneers, then
a request should be made and specific written confirmation can be provided where
possible. The Auctioneers will not be responsible for any verbal statement made
by a member of their staff, as only specific written confirmation should be
relied upon. The Auctioneers will not be responsible for any loss, other than
when specific written confirmation has been provided.
IMPORTANT NOTICE
Proceeds of Crime Act 2002 / Money Laundering Regulations 2003
New Money Laundering Regulations became effective on 1st March 2004.
In consequence we can only accept deposit payments from purchasers by either:
• Bankers Draft or Building Society Cheque
• Personal or Company Cheque
If you are obtaining a cheque from a Bank or Building Society, we would
recommend that it be drawn for 10% of what is to be your maximum bid. Any
necessary adjustment will be made at completion of your purchase.
Purchasers must provide proof of identity and proof of residential address.
Bidders must therefore bring both the following documents with them to produce
when completing purchase formalities:
• UK Passport or Photocard Driving Licence
To prove identity
• Recent Utility Bill, Council Tax Bill or Bank Statement
As proof of residential address
If you have any questions in respect of deposit payment, or relating to the
documents required for proving identity and address, please contact the
Auctioneers.
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