Conditions of Sale
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1. 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lots will, unless previously withdrawn, be sold subject to the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.
2. 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.
3. 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 below.
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.
4. 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.
5. A successful bidder is liable for insuring the property as soon
as the Auctioneer’s gavel falls, and should have made prospective
arrangements beforehand.
6. 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.
7. 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 lot for
which they bid.
8. 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.
9. Auction catalogue amendments (addendum) are displayed in the
saleroom on the day of sale and are read by the Auctioneer at the
commencement of saleroom proceedings. All bidders are deemed to be
aware of any amendments and 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.
10. 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.
11. 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.
12. There is an administration charge payable by the purchaser to
the Auctioneers of £250 plus vat in respect of all lots offered for
sale in this auction catalogue, whether they are purchased in the
auction saleroom, prior to auction, or post auction. This charge
must be paid to the Auctioneers in the saleroom, or where the lot is
purchased prior to, or post auction, upon receipt of the
Auctioneer’s invoice.
13. The Auctioneers reserve the right to photograph successful
bidders for security purposes, and to tape record and/or film the
auction proceedings.
14. 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.
15. 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 six days before the original
date indicated.
16. 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.
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.
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.
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.