Butters John Bee Property Auctions
General Conditions of Sale
Butters John Beebjb General Conditions of Sale applicable to all lots insofar as they are not inconsistent with conditions and/or special conditions in the contract for each lot.
- Each purchaser shall be deemed to purchase with full knowledge of all the conditions subject to which the property is sold.
- The successful bidder shall (1) pay a 10% deposit or £1,000.00, whichever is the greater; and (2) sign a contract or memorandum thereof before leaving the auction room.
- The successful bidder must immediately after the fall of the hammer provide proof of their identity and evidence of their address. This can include a current driving licence or current signed passport plus a recent utility bill, Bank or Building Society statement (a full list of acceptable documents can be provided by the auctioneer). If the successful bidder is buying on behalf of someone else than the actual buyer will also be required to provide details and these will be requested from the buyer's solicitor following the auction.
- The successful bidder will pay an administration fee of £395 inclusive of VAT to the Auctioneers for each lot purchased at the auction (immediately after the fall of the hammer), prior to the auction or post auction in addition to the contractual deposit.
- If a person attending the sale intends to bid on behalf of some other person or company, he shall, before the sale commences, hand the auctioneer a note of the name and address of that other person or company, failing which, the auctioneer shall be entitled, at any time prior to completion, to treat the bidder as the contractual purchaser whether or not the auction contract was signed for or on behalf of some other person of company.
- On each lost being knocked down the successful bidder must, upon being asked by the auctioneer or the auctioneer's clerk, give his name and address and if appropriate the same and address of the person or company on whose behalf he has been bidding and in default the auctioneer shall be entitled to re-offer the property for sale as if it has not previously been knocked down.
- 7. (a) Bidding: All bids shall be made clearly. The auctioneer reserves the right to regulate bidding and to refuse undesirable bids. The vendor reserves the right to bid up to the reserve price or to authorise the auctioneer to do so. In the event of any dispute in respect of conduct of the auction the auctioneer's decision is final.
(b) Each lot is offered subject to a reserve price unless otherwise stated. - If a cheque given for payment of a deposit is dishonoured on presentation or if the successful bidder fails to pay such a deposit, the vendor shall be entitled (but shall not be bound) to treat such dishonour or failure as a repudiation of the contract and to sell the property to some other person but without prejudice to the vendor's right to claim against the successful bidder damages for repudiation of contract.
- The purchaser shall be deemed to have made local land charge searches and prudent enquiries of the relevant local and other authorities and entities and have knowledge of all matters that would be disclosed thereby and shall purchase subject to all matters.
- The property is believed to be correctly described as to quantity and otherwise but without a responsibility of the auctioneer or the vendor and not implying a statement or representation of fact. All measurements stated are approximate only. Any error, omission or mis-statement found in the particulars or conditions shall not annul the sale or entitle the purchaser to any compensation in respect thereof.
The auctioneers shall be under no financial liability in respect of any matters arising out of the auction or the particulars or conditions of sale. - The auctioneers reserve the right to sell prior to auction.
- The vendor reserves the right to alter or add to the said particulars and conditions of sale any time prior to the sale.
- Nothing herein contained shall be deemed to constitute any warranty by the vendor or the auctioneers that the property or any part thereof is authorised under the planning acts, leases or otherwise for use for any specific purposes.
- Notwithstanding anything in these conditions or in the particulars contained or referred to no representation warranty or condition either collaterally or directly or indirectly shall be made or implied howsoever arising either as to state or condition of the property or any part thereof or as to whether the same is subject to any resolution, scheme, development or order, improvement plan, improvement notice or scheme, sanitary notice or intimation notice or statutory proposals, or as to whether any property is in an area where redevelopment is proposed or is subject to a road widening proposal or scheme or any other matter whatsoever. The purchaser shall be deemed to purchase in all respects subject thereto whether or not the purchaser makes any enquiry and neither the vendor not the auctioneers shall be in any way liable in respect of such matters or failure to disclose the same, it being solely the duty of the purchaser to be satisfied at the purchaser's own risk in respect of the above matters.
- It shall be the purchaser's responsibility to be satisfied before making a bid as to the accuracy of the particulars contained in the particulars of sale.
- The purchaser hereby admits and confirms that the purchaser:
(i) has inspected the property;
(ii) has obtained advice and information with regard thereto independently to the vendor and the auctioneers;
(iii) in relation to the property that the purchaser has not acted in reliance on nor been induced to enter into a purchase by any representations, warranties or statements made by or on behalf of the vendor or the auctioneers other then such as may have been given or confirmed by the vendor's Solicitors on behalf of the vendor in any written reply to any enquiry made by or on behalf of the purchaser before the auction. - Each bidder shall be deemed to be personally liable on making an accepted bid even though he shall purport to act as an agent for a principal and despite him purporting to sign a memorandum in a representative capacity so that their liability under the contract shall be joint and several.
- The successful bidder is under a binding contract upon the fall of the auctioneer's hammer and thereafter the property is at the purchaser's risk including insurance.
