shall be prepared at the sole expense of the Purchaser and
shall not be warranted by the seller.
renunciations, required under or by virtue of the terms of the
matrimonial homes (Family Protection) (scotland) act 1981
as amended.
to any information, plans or documents which may be
communicated to the Purchaser before or at the said public
roup but tantum et tale as it exists and as the seller has right
thereto and no warranty is given as to descriptions, extents,
boundaries, advertisements, accommodation, rentals,
rateable value, feuduties, ground annuals or other payments,
the allocation or unallocation thereof, leases, burdens,
servitudes, building warrants, certificates of completion,
planning or any orders, regulations or notices made or issued
by any authority or any particulars, plans or information
given by the seller or its agents or any further matter or
thing of any kind whatever but the Purchaser admits that the
Purchaser has enquired and satisfied himself on all matters
or otherwise he takes all risks.The whole titles will be made
available prior to the auction on request. if any misstatement
error or omission shall be found as regards the lot in any
manner of way whatsoever the same shall not annul the
purchase or entitle the Purchaser to be relieved thereof nor
to claim any deduction or abatement from the price offered
by the Purchaser or to retain the same or any part there of.
The Purchaser shall be deemed to purchase the lot with full
notice in every respect regarding the actual use made of the lot,
and the Purchaser or any prospective mortgagee shall raise no
requisition or objection thereto and the Purchaser shall take the
lot, subject to the said use, and nothing in the Particulars or the
Conditions of sale and nothing communicated by or on behalf
of the auctioneers shall be deemed to make a representation
or warranty by the seller that such use is or will become or will
continue to be permitted use within the provisions of the Planning
acts or any rules or regulations made or arising thereunder.
11. Enquiries Regarding Planning & Associated Matters:
notwithstanding anything in the Conditions of sale or in the
Particulars, no representation, warranty or condition whether
collateral or direct or in-direct has been made or shall be made
or implied (however arising) by or on behalf of the seller either
as to the state or condition of the lot or any part thereof or as
to whether the same is subject to any schemes, resolutions,
development orders, improvement notices, repairs notices, or
any proposals under the housing acts or other legislation or
regulations or any of them or as to whether the lot is in an area
for which re-devel opment (in whole or in part) is proposed or is
subject to road widening proposals or schemes or other matters.
The Purchaser shall be deemed to purchase in all respects subject
to all such matters whether or not any relevant enquiry is made
by or on behalf of the Purchaser, and neither the seller nor the
auctioneer shall be required or obliged to inform the Purchaser
of all or any such matters, whether known to the seller or
auctioneers, and the Purchaser shall raise no enquiry, requisition
or objection regarding all or any such matters and neither the
seller nor the auctioneers shall be liable in any way with regard to
all or any such matters or for failure to disclose the same, it being
the sole responsibility of the Purchaser to satisfy himself in respect
of all such matters.
12. To Whom Title Will Be Transferred:
The seller shall neither be required to convey, transfer or assign
the whole or any part of the lot to any person or body other than
the Purchaser (or guarantor if the Purchaser defaults or liquidator
disclaims the contact) nor shall the seller be required to execute
a disposition or assignation other than of the whole of the lot nor
at a price different from that stated in a minute of Preference and
Enhancement.
13. The Date of Entry and Payment:
13.1 The date of Entry when the balance of the purchase price
special Conditions, or if not specified, 21 days from the
date of the auction or such earlier date as may be agreed
between the seller and the Purchaser. if the balance of the
price has not been paid by 3pm on the specified date (for
any reason other than the seller's neglect or default), the
seller's solicitors shall be entitled to refuse to settle the
transaction on that day or (as a condition of completing after
3pm on that specified date) to require that the next working
day shall be deemed to be the date of Entry for the purpose
of calculating interest and apportionments of income and
outgoings.
any part thereof, the Purchaser will pay such VaT in addition
to the purchase price. if no option to charge VaT has been
exercised then the seller will not exercise its option to
charge VaT with respect to the sale of the lot or any part
thereof.
contract. Consignation of the purchase price in a bank or in
joint names will not be competent.
the contract. should the full price not be paid by 3.00pm
on the date of Entry the seller shall have the right to obtain
from the Purchaser interest at the rate of 5 per centum
notwithstanding that the Purchaser may not have taken
entry, to run (i) until full payment of the purchase price is
made or (ii) in the event of the seller exercising its option
as aftermentioned to rescind the contract, until such time
as the seller shall have completed a re-sale of the Property
and received the re-sale price, and further, interest shall
run on any shortfall between the purchase price under the
contract and the re-sale price until such time as the shortfall
has been paid to the seller.The seller shall have the sole
right to refuse the Purchaser entry to the Property in the
event of the Purchaser wishing to take entry without paying
the price in full. if the balance of the purchase price with
accrued interest is not paid in full within 7 days of the date
of Entry, the seller shall be entitled, but not bound, to treat
the Purchaser as being in material breach of contract and
to rescind the contract on giving 7 days prior written notice
to that effect to the Purchaser, and in such circumstances,
the Purchaser's deposit will be held to be forfeit without
prejudice to any rights or claims competent to the seller
arising from the breach of contract by the Purchaser,
including the seller's right to claim all losses, damages and
expenses (including without prejudice to the foregoing
the cost of re-advertising and any loss on sale, the cost of
funding, and any loss of income, and expenses incurred)
sustained as a result of the Purchaser's breach of contract
including interest on the balance of the purchase price as
calculated in accordance with this clause.The damages and
the interest as aforesaid which may be claimed by the seller
shall be deemed to be a liquidate penalty provision exigible
notwith standing the exercise by the seller of its option to
rescind the contract or any repudiation of the contract by
the Purchaser.The seller shall not however be entitled to
the said remedies in respect of any period of delay caused
directly by the seller or the seller's agents.
if any income or outgoing shall require apportionment and for any
reason the apportionment has not been finalised on or before the
date of Entry, the relevant condition of sale will remain in full force
and effect notwithstanding the settlement of the transaction until
the apportionment has been finalised.
without prejudice to the immediately preceding Condition,
where any income or outgoing requires apportionment but the
apportionment has not been finalised at the settlement of the
transaction, then if reasonable estimated figures are available,
such income or outgoing shall be provisionally apportioned based
on these figures, subject to adjustment upon final apportionment
when the actual figures have been determined.
15. Dilapidations:
The Purchaser shall take the lot subject to and shall be
responsible for compliance with all notices and/or requirements
relating to the same whether such notices and/or requirements
have been made by the local authority or landlord or any
other person or body, and whether as between the landlord
and Tenant, they are the liability of the landlord or of the Tenant
and whether the same be served or intimated before or after
the date of making of the contract to sell and purchase the lot,
which contract is the subject of these Conditions of sale.The
Purchaser shall be responsible for complying with any schedule
of dilapidations which may be served before or after the date of
the said contract.The Purchaser shall not make any requisition
or objection in regard to any of the above matters and the
Purchaser shall indemnify the seller in respect of any claims which
have arisen or which may arise in regard thereto.The Purchaser
shall take the lot as it stands as to condition, repair and use
immediately prior to making of the said contract.without prejudice
to the foregoing provisions, the Purchaser accepts full liability
and responsibility for the cost of implementing any outstanding
statutory notice issued by the local authority or by any other
body.
16. Obligations, Restrictions,Tenancy Agreements Etc:
if the lot shall be sold subject to any lease, Covenant, restriction
or other matter referred to in the special Conditions, then unless
otherwise provided in the special Conditions, the details of such
matter or matters may be inspected at the office of the seller's
solicitors (named in the special Conditions) during normal office
hours by appointment, and the Purchaser shall be deemed to
purchase with full knowledge of all such matters whether or not
he shall have availed himself of the opportunity to make such
inspection before the auction, and the Purchaser shall raise
no objection, enquiry or requisition thereon notwithstanding
any partial, in-complete or in-accurate statement thereof in the
Particulars or the special Conditions.
17. Rent:
no representation is made that the rent payable in respect of the
lot or any part thereof, sold subject to a tenancy, is that properly
charged or recoverable under any current statute for the time
being in force regulating the control of rents or that the seller
would have been entitled to obtain possession at the time when
any notice increasing rent under the said legislation becomes
operative, apart from any provision giving the Tenant security of
tenure.The only representation made or intended to be implied
by or from the Particulars is that the rent so stated is the rent
actually being paid by the Tenant to the seller and no objection or
requisition shall be made or taken as to any matter arising under
the said legislation. The Purchaser shall not be entitled to require
particulars of a standard rent or the rent limit or of the net rent
or of the fair or the present or former regulated rent payable in
respect of the lot or any part thereof, nor to the production of
copies of statutory notices of increases of rent and notices to
Quit (if any) which have been served.The Purchaser shall not raise
any objection that the lot or any part thereof has not at any time
and the Purchaser shall not require any Particulars, which under
the said legislation are to be inserted in the Tenant rent book,
to be so inserted or required to be supplied with any particulars
for inser tion. in the case of a regulated tenancy, no objection,
requisition or enquiry shall be made on the ground that the rent is
not the fair rent or that the same may exceed the registered rent
under the said legislation or that the same (if applicable) has not
been registered. no objection shall be taken by the Purchaser as
to whether or not a notice of increase of rent has or has not been
valid ly served or as to whether or not a Certificate of dis-repair
has been obtained by the Tenant authorising reduction of rent, nor
shall the Purchaser object to or claim damages or compensation
or recision on the ground that the seller has not complied with the
terms of any counter notice served upon or by a Tenant. neither
the seller nor the auctioneers shall be under any duty to acquaint
the Purchaser of any such matters, whether or not the same are
known to the seller or the auctioneers, and the Purchaser shall,
in all respects, satisfy himself at his own risk and whether or not
he does so, no claim shall be made against or entertained by the
seller or the auctioneers alleging that the Purchaser should have
been informed of such matters.
18. Sub-Tenancies etc:
where the lot is sold subject to any tenancy or tenancies
nothing shall be incorporated in the sale, either collaterally or
directly or in-directly whether by way of condition, warranty
or representation, as to whether there are subsisting any sub-
tenancies or similar such occupation. whether or not any such
shall be disclosed at or before the auction, the Purchaser shall
be deemed to have purchased with the full knowledge of any
such tenancy or sub-tenancies or occupations that there may
be, whether or not he shall have enquired with the auctioneers,
or have inspected the lot, and no objection shall be taken or
requisitions made on account hereof.
19. Service Installations:
The Purchaser shall satisfy himself as to the ownership of all
services and installations in or under the lot, such as electrical
fittings and wiring (including communications installations) and
gas fittings and pipes, as the seller may not have title to sell them.
neither the seller nor the auctioneers accept any responsibility
for the service installations and they do not accept liability for
any arrears relating to hire charges and similar debts incurred in
respect of such service installations.
20. Mis-representation:
20.1 all statements contained in the Particulars are made (so far
auctioneers or the seller and are statements of opinion and
not to be taken as or implying a statement or representation
of fact.any intending Purchaser must satisfy himself by
inspection and specialist survey or otherwise as to the
correctness of each statement contained in the Particulars.
the auctioneers or any person in the employment of the
auctioneers any authority to do so on the seller's behalf.
or representations in writing or otherwise made or alleged to
have been made by or on behalf of the seller.
principal, of any company in the halifax group, the agents
selling the property or the seller's solicitors nor related
(either by blood or by marraige) to any such person.
any lien or hire purchase loan or credit agreement.The
seller does not own any moveable items that may be on
the lot.any such moveable items may be removed before
completion, but not by the Purchaser. if there are any
moveable items on the lot at completion, the seller does
not purport to sell them and does give any title guarantee
in respect of them.The seller, however, shall not be liable to
remove them before completion. The Purchaser shall accept
that vacant possession is given of the whole or any part of
the lot which is sold with vacant possession even if there
are any moveable items on the lot at settlement.
enforceable contract notwithstanding the delivery of a
disposition except in so far as fully implemented thereby,
but the contract shall cease to be enforceable after a period
of three months from the date of Entry.
if any questions arise regarding the true meaning and intent of the
article of roup or the minute of Preference and Enactment or the
rights and obligations of the parties under the same or otherwise
affecting the lot, every such question shall be submitted on the
application of either party to the amicable decision of any arbiter
having experience in residential or commercial property as the
case may be to be appointed by the President of the law society
of scotland whose decision shall be conclusive and binding on all
concerned. The terms of section 3 of the administration of Justice
(scotland) act 1972 are expressly excluded.
25. Law of Scotland:
The law of scotland shall apply to the interpretation of the articles
of roup and any minute of Preference and Enactment following
thereon and the seller and the Purchaser, by subscription of
the relevant minute of Preference and Enactment, will thereby
prorogate the jurisdiction of the said Court of session in relation
to all actions arising out of these presents.