deliver any evidence, including consents, affidavits or renunciations,
required under or by virtue of the terms of the Matrimonial Homes
(Family protection) (Scotland) act 1981 as amended.
9.13 the lot is exposed for sale not according to the advertisement
or catalogue thereof or with reference 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.
10. Planning:
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
shall be paid shall take place on the date specified in the 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.
13.2 the purchase price will be exclusive of Value added tax
("Vat"). Should Vat be chargeable on the sale of the lot, or 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.
13.3 For the avoidance of doubt, payment of the balance of the
price on the Date of entry is an essential condition of the contract.
Consignation of the purchase price in a bank or in joint names will
not be competent.
13.4 payment of the balance of the price in full by CHapS by
3.00pm on the Date of entry is an essential condition of 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 per annum above Halifax plc
base rate on the whole price 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
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.
14. Apportionment:
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 been registered with the
relevant local authority as decontrolled 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
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 as
the law allows) without responsibility on the part of the 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.
20.2 the Seller does not make or give any representation
or warranty in relation to any aspect of the lot, nor have the
auctioneers or any person in the employment of the auctioneers
any authority to do so on the Seller's behalf.
20.3 the purchaser acknowledges that he does not place and
has not placed any reliance whatsoever on any statements or
representations in writing or otherwise made or alleged to have
been made by or on behalf of the Seller.
21 the purchaser warrants and declares that the purchaser is not
(i) a director, (ii) a staff member, or (iii) a partner or the 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.
22 the following are expressly excluded from the sale, namely
moveable items and any fixtures and fittings subject to 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.
23 the articles of Roup together with the Minute of preference &
enactment to follow thereon will form a continuing and 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.
24. Arbitration
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.