background image
www.westcountrypropertyauctions.co.uk
guide prices may be amended at any time leading up to the auction.
don't forget your proof of identity on the day ­ see page 7
33
g22.3 within two months after completion the seller must
provide to the buyer a detailed service charge account
for the service charge year current on completion
showing:
· (a) service charge expenditure attributable to each
tenancy;
· (b) payments on account of service charge received
from each tenant;
· (c) any amounts due from a tenant that have not been
received;
· (d) any service charge expenditure that is not
attributable to any tenancy and is for that reason
irrecoverable.
g22.4 in respect of each tenancy, if the service charge account
shows that:
· (a) payments on account (whether received or still
then due from a tenant) exceed attributable service
charge expenditure, the seller must pay to the buyer
an amount equal to the excess when it provides the
service charge account;
· (b) attributable service charge expenditure exceeds
payments on account (whether those payments have
been received or are still then due), the buyer must use
all reasonable endeavours to recover the shortfall from
the tenant at the next service charge reconciliation date
and pay the amount so recovered to the seller within
five business days of receipt in cleared funds; but in
respect of payments on account that are still due from a
tenant condition g11 (arrears) applies.
g22.5 in respect of service charge expenditure that is not
attributable to any tenancy the seller must pay the
expenditure incurred in respect of the period before
actual completion date and the buyer must pay the
expenditure incurred in respect of the period after actual
completion date. any necessary monetary adjustment
is to be made within five business days of the seller
providing the service charge account to the buyer.
g22.6 if the seller holds any reserve or sinking fund on account
of future service charge expenditure or a depreciation
fund:
· (a) the seller must pay it (including any interest earned
on it) to the buyer on completion; and
· (b) the buyer must covenant with the seller to hold it
in accordance with the terms of the tenancies and to
indemnify the seller if it does not do so.
G23.
Rent reviews
g23.1 This condition g23 applies where the lot is sold subject
to a tenancy under which a rent review due on or before
the actual completion date has not been agreed or
determined.
g23.2 The seller may continue negotiations or rent review
proceedings up to the actual completion date but may
not agree the level of the revised rent or commence rent
review proceedings without the written consent of the
buyer, such consent not to be unreasonably withheld or
delayed.
g23.3 Following completion the buyer must complete
rent review negotiations or proceedings as soon as
reasonably practicable but may not agree the level
of the revised rent without the written consent of the
seller, such consent not to be unreasonably withheld or
delayed.
g23.4 The seller must promptly:
· (a) give to the buyer full details of all rent review
negotiations and proceedings, including copies of all
correspondence and other papers; and
· (b) use all reasonable endeavours to substitute the
buyer for the seller in any rent review proceedings.
g23.5 The seller and the buyer are to keep each other
informed of the progress of the rent review and have
regard to any proposals the other makes in relation to it.
g23.6 when the rent review has been agreed or determined
the buyer must account to the seller for any increased
rent and interest recovered from the tenant that relates
to the seller's period of ownership within five business
days of receipt of cleared funds.
g23.7 if a rent review is agreed or determined before
completion but the increased rent and any interest
recoverable from the tenant has not been received
by completion the increased rent and any interest
recoverable is to be treated as arrears.
g23.8 The seller and the buyer are to bear their own costs in
relation to rent review negotiations and proceedings.
G24.
Tenancy renewals
g24.1 This condition g24 applies where the tenant under a
tenancy has the right to remain in occupation under part
ii of the landlord and Tenant act 1954 (as amended) and
references to notices and proceedings are to notices and
proceedings under that act.
g24.2 where practicable, without exposing the seller to
liability or penalty, the seller must not without the
written consent of the buyer (which the buyer must not
unreasonably withhold or delay) serve or respond to any
notice or begin or continue any proceedings.
g24.3 if the seller receives a notice the seller must send a
copy to the buyer within five business days and act as
the buyer reasonably directs in relation to it.
g24.4 Following completion the buyer must:
· (a) with the co-operation of the seller take immediate
steps to substitute itself as a party to any proceedings;
· (b) use all reasonable endeavours to conclude any
proceedings or negotiations for the renewal of the
tenancy and the determination of any interim rent as
soon as reasonably practicable at the best rent or rents
reasonably obtainable; and
· (c) if any increased rent is recovered from the tenant
(whether as interim rent or under the renewed tenancy)
account to the seller for the part of that increase that
relates to the seller's period of ownership of the lot
within five business days of receipt of cleared funds.
g24.5 The seller and the buyer are to bear their own costs
in relation to the renewal of the tenancy and any
proceedings relating to this.
G25.
Warranties
g25.1 available warranties are listed in the special conditions.
g25.2 where a warranty is assignable the seller must:
· (a) on completion assign it to the buyer and give notice
of assignment to the person who gave the warranty;
and
· (b) apply for (and the seller and the buyer must use all
reasonable endeavours to obtain) any consent to assign
that is required. if consent has not been obtained by
completion the warranty must be assigned within five
business days after the consent has been obtained.
g25.3 if a warranty is not assignable the seller must after
completion:
· (a) hold the warranty on trust for the buyer; and
· (b) at the buyer's cost comply with such of the lawful
instructions of the buyer in relation to the warranty as
do not place the seller in breach of its terms or expose
the seller to any liability or penalty.
G26.
No assignment
The buyer must not assign, mortgage or otherwise
transfer or part with the whole or any part of the buyer's
interest under this contract.
G27.
Registration at the Land Registry
g27.1 This condition g27.1 applies where the lot is leasehold
and its sale either triggers first registration or is a
registrable disposition. The buyer must at its own
expense and as soon as practicable:
· (a) procure that it becomes registered at land registry
as proprietor of the lot;
· (b) procure that all rights granted and reserved by the
lease under which the lot is held are properly noted
against the affected titles; and
· (c) provide the seller with an official copy of the register
relating to such lease showing itself registered as
proprietor.
g27.2 This condition g27.2 applies where the lot comprises
part of a registered title. The buyer must at its own
expense and as soon as practicable:
· (a) apply for registration of the transfer;
· (b) provide the seller with an official copy and title plan
for the buyer's new title; and
· (c) join in any representations the seller may properly
make to land registry relating to the application.
G28.
Notices and other communications
g28.1 all communications, including notices, must be in writing.
Communication to or by the seller or the buyer may be
given to or by their conveyancers.
g28.2 a communication may be relied on if:
· (a) delivered by hand; or
· (b) made electronically and personally acknowledged
(automatic acknowledgement does not count); or
· (c) there is proof that it was sent to the address of the
person to whom it is to be given (as specified in the
sale memorandum) by a postal service that offers
normally to deliver mail the next following business
day.
g28.3 a communication is to be treated as received:
· (a) when delivered, if delivered by hand; or
· (b) when personally acknowledged, if made
electronically; but if delivered or made after 1700 hours
on a business day a communication is to be treated as
received on the next business day.
g28.4 a communication sent by a postal service that offers
normally to deliver mail the next following business day
will be treated as received on the second business day
after it has been posted.
G29.
Contracts (Rights of Third Parties) Act 1999
no one is intended to have any benefit under the
contract pursuant to the Contract (rights of Third Parties)
act 1999.
g30.1 generally Each Property is sold in accordance with royal
institute of Chartered surveyors (riCs) Common auctions
Conditions, Edition 3, ("the Common auction Conditions")
subject to the following, each taking precedence over the
other in descending order:
(i) The Special Conditions of sale for each Property if
applicable ("the Special Conditions"), plus The law
society's conditions known as the standard Conditions
of sale (Fifth Edition) if applicable, as set out in the legal
Pack;
(ii) These Extra Conditions of sale (otherwise known as
the Extra Conditions of sale);
(iii) The auction Catalogue; and its addendum. The
Buyer is deemed to buy the Property knowing and fully
accepting all the above conditions and should take
independent legal advice if in doubt.
g30.2
Auction Procedure all prospective purchasers
must register their attendance in the auction room by
completing a registration form. They must provide such
confirmation of their identity and evidence of their home
address as the Auctioneer in his absolute discretion
considers acceptable. Persons not registering, or who
are unable to provide adequate evidence of identity or
address, will not be permitted to bid in the auction. on
the Property being knocked down by the Auctioneer, the
successful bidder must immediately attend the settling
Table and sign two copies of the auction memorandum
for the Property. The successful bidder must also pay
the necessary deposit (see clause g30.3) and the
Auctioneer's administration Charge (see clause g30.4).
g30.3
Deposit The Buyer will pay a deposit of 10% of the
purchase price or £2,000, or such other figure stipulated
by the Seller's solicitor, whichever shall be the greater,
to the Auctioneer on or before signing the auction
memorandum. Unless the Special Conditions for the
lot in question state to the contrary, the Auctioneer
shall hold as agent of the Seller, save for that part
representing the auctioneers' charges to the Seller. The
deposit shall be paid by way of Banker's draft or other
such method the Auctioneer in his absolute discretion
may accept. Cash will not be accepted. any interest
accruing on monies held by the auctioneers will be
retained by them to offset administration.
g30.4
Auctioneers Administrative Charge The Buyer will
pay to the Auctioneer an administrative charge of £800,
including VaT on or before the earliest of signing the
auction memorandum or exchange of contract.
g30.5
Sale Particulars The Property is believed to be and
shall be taken to be correctly described in the auction
Catalogue ("the Catalogue"). The Auctioneer has
prepared the Catalogue from information provided by
or on behalf of the Seller and the Auctioneer shall not
be responsible for any errors in the Catalogue. The
Buyer must satisfy himself, before making a bid, as to
the accuracy of the particulars given in the Catalogue
and shall not be entitled to cancel the sale or rescind
the agreement for sale of the Property as a result of any
incorrect statement, error or omission in the Catalogue.
The Buyer acknowledges that he has not relied on the
Catalogue in deciding whether to buy the Property and
that the Buyer is not relying on the information in the
particulars as proof that the current or any future use or
nature of any lot is legitimate, consented or approved.
The Buyer acknowledges that the onus for verification
lies solely with the Buyer. if any information is not cor rect
any liability of the Seller and any remedy of the Buyer
are excluded to the extent permitted by statute.
g30.6
Misrepresentations The Buyer acknowledges that:
(a) he has not been persuaded to purchase the Property
by any statement or representation whether verbal or in
writing which may have been made to him or any person
on his behalf, by the Auctioneer, the Seller or anyone on
behalf of the Seller;
(b) any such statement or representation as referred
to in paragraph (a) above does not form part of this
agreement; and
(c) any liability of the Auctioneer, the Seller or anyone
on behalf of the Seller at law or in equity in respect
of any statement made to the Buyer or anyone on
his behalf is excluded to the extent permitted by the
misrepresentation act 1967.
g30.7
Service and Other Fittings The Seller makes no claim
as to the ownership of any electric wiring and fittings, gas
fittings and installations, central heating installations, TV
aerials, satellite dishes or other reception devices, any
of which may belong to the supply companies. in such
cases the Seller accepts no liability for any payments that
may be outstanding.
g30.8
Bidding Reservations For the purpose of the Estate
agents act 1979, the right is reserved to the Auctioneer
or any related company, and the shareholders, and
employees of the foregoing or their associates or
members of their respective families, to bid at the
auction or to offer a property for sale at the auction.
g30.9
Inspection of Plans, Leases, etc Copies of
restrictions, plans, leases and any other documents
referred to in the Special Conditions of Sale or the
auction Catalogue may be inspected on-line at www.
countrywidepropertyauctions.co.uk or at the offices
of the Seller's solicitors or the Auctioneer's offices at
any time during normal working hours, up to the date
prior to the sale or in the auction room prior to the
commencement of the auction sale. The Buyer shall
be treated as buying with full knowledge of all matters,
whether or not he has inspected any of the documents.
Common auction Conditions