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Manchester 0161 710 2010

Auctioneer's Notice of Important Information for Bidders

AUCTIONEER’S NOTICE OF IMPORTANT INFORMATION FOR BIDDERS

 
The following Notices are intended to assist all prospective Bidders and are provided as a guide only. We set out how we intend to conduct the Auction and on what basis we provide any information in relation to any of the properties offered for sale by Auction. Please note that each property may be subject to variations away from any of the standard terms described below, or elsewhere on our website and it is your responsibility to make sure you are aware of all matters that apply to each individual Lot. We strongly recommend that you get your own independent professional advice before you Bid on any Auction Lot.

 

1. General Information And Definitions

1.1 Any reference to “We”, “Us” or “Our” below and throughout this website is made in relation to LWA Manchester Limited t/a Landwood Property Auctions.

1.2 Any reference to “Auctioneer(s)” refers to Landwood Property Auctions and individual Auctioneer or Auctioneers having conduct of the Auction.

1.3 Any reference to “Lot” refers to the legal property interest(s) being offered for sale.

1.4 Any reference to “You” refers to any potential bidder or purchaser.

1.5 Any reference to an auction “Catalogue” refers to any information that we group together in a specific listing in relation to a single, or multiple auction Lots and this may be solely on our website, or published in hard copy format, or both.

1.6 Auction Lots may be added to, or sold prior and withdrawn from any Catalogue at any time. We and any of our employees and the Seller will not be held responsible or liable for any loss, cost, claim, demand or damage that you may incur as a result of this.

1.7 The Auction Lots will be offered in number order.

1.8 Current definitions of Guide Prices, Reserves and Information about any Additional Non Optional Fees and Costs will be shown on the Auctioneer’s website.

1.9 Guide Prices, Reserves and any other Additional Fees and Cots maybe varied at any time up to the start of the Auction.

1.10 All Lots, unless stated otherwise, are offered subject to a Reserve price.

1.11 The Auctioneers and Sellers accept no responsibility for any loss, cost or damage that a Buyer may incur as a result of relying on any guide price. It is the buyer’s responsibility to decide how much they should bid for any Lot.

1.12 The guide price, reserve and eventual sale price will be exclusive of any additional fees and costs a purchaser may have to pay. These may include items such as the Auctioneer’s Buyers Administration Fee, VAT, plus any other amounts the Seller may charge. You should check all the available information before the Lot is offered for sale and you should be aware that they may be fixed, or variable depending on the sale price. If you are not sure as to what you will be paying in addition to the purchase price you should obtain your own independent third-party professional advice.

1.13 All Lots are offered subject to a Buyer’s Administration Fee which is payable at exchange of contracts. It is detailed on the property particulars page and on the draft Sales Memorandum in the Legal Pack. The charge is compulsory and is not refundable under any circumstances.

1.14 The date of the auction is provisional only. We will take all reasonable steps to ensure that the auction takes place on that date, but that may not be possible due to exceptional circumstances. If we need, acting reasonably, to change the date we will tell you and we will fix an alternative date as close to the original provisional date as reasonably possible. 

 

2. Conditions of Sale

2.1 Each Catalogue is issued on the basis that you accept that each Lot, unless stated otherwise, will be offered in accordance with and subject to the Conditions of Sale comprising this Auctioneer’s Notice of Important Information For Bidders and in so far as they apply to each individual Lot the Common Auctions Conditions (or any other form of sale conditions adopted by the Seller’s solicitor when preparing the Legal Pack), the Auction Conduct Conditions, our Extra General Conditions, Our Extra General Auction Conduct Conditions, any Special Conditions, the Addendum and any pre-auction Auctioneer’s Announcements made on the rostrum before the Lot is offered.

2.2 Bidding at the Auction is only permitted on the basis that you accept the Conditions of Sale and that they govern the relationship between us and anyone who has, or views a Catalogue or who attends or bids at the Auction. They cannot be changed or dis-applied without our express written consent.

2.3 All Lots are offered on the basis that irrespective of whether or not is the case you are deemed to have read and considered the Conditions of Sale, the Legal Pack and any other relevant documents for the Lot(s) you are interested in before the day of the Auction, taken independent professional advice on them before bidding, made all necessary searches and enquiries of appropriate authorities including local authorities, inspected the relevant property and otherwise undertaken all required Due Diligence that a prudent buyer would normally be expected to have carried out.

2.4 You are not to rely on any information contained in the Particulars.

2.5 The Legal Pack documents are made available for assistance purposes only. We cannot guarantee that they are complete, or give any assurance as to their accuracy. They are provided by the Seller’s solicitor and note that any document may be revised, replaced or removed prior to the Auction date. You should check direct with the Seller’s solicitor whether the legal documents for the Lot you are interested in are complete and/or whether any document has been revised or replaced in the lead up to the Auction.

2.6 Please note that some or all of the Conditions of Sale relating to certain Lots might be contained in a separate catalogue or might be obtainable separately from the Seller's solicitors or the Auctioneers.

2.7 From the moment the Auctioneer’s hammer falls the successful Bidder will be legally bound by all Conditions of Sale and a Contract for Sale is formed at that point.

 

3. Particulars, Condition, Photographs, Plans and Areas

3.1 The information contained within the Particulars are given in good faith, but all descriptions, statements, dimensions, references to condition and permissions for the use and occupation or other details are are made without responsibility and should not be relied upon as representation of fact.
3.2 Unless otherwise stated, all prices rents and other charges are quoted exclusive of Value Added Tax (VAT). Any intended purchasers or tenants must satisfy themselves independently as to the incidence of VAT in respect of any transaction.

3.3 No representation, warranty or undertaking whatsoever is made or intended to be made in respect to:

(a) A property’s state, condition, repair, permitted or future use or suitability for any purpose whatsoever

(b) the working condition and suitability for current and future use of any fixtures and fittings, heating systems, appliances or other items expressed to be included in the sale of any property, or whether such items are owned by the Seller

(c) whether or not there is any contamination or pollution in relation to the property to be sold or any other property in the nearby area or whether or not the property complies with any legislation relating to the environment, pollution or contamination.

3.4 Any measurements and areas stated are approximate only.

3.5 Any location or site boundary plans are reproduced with consent and under licence as follows: Promap include mapping data licensed from Ordnance Survey with the permission of the Controller of Her Majesty's Stationery Office.

3.6 The plans and photographs shown in the catalogue are intended to assist you in locating the Property and may not be drawn to scale and they are they not intended to provide definite legal boundaries. We cannot guarantee that they show the up to date position the date of the Auction, or completion of the sale with respect to any current occupiers of the Lot, or adjacent properties.

3.7 We cannot guarantee that any photographs show the up to date position as to the condition of the Lot at the date of the Auction, or completion of the sale, or as to what is included in the Sale and no inference should be taken as to the overall condition of the Lot from whatever photographs are shown.

3.8 Any information provided regarding the financial status of any tenant, or occupier will be from published sources available at the time the Particulars were prepared, but you should note that the information may be dated, circumstances change and the information should not be relied on or taken to represent fact as at the date of the Auction, or completion of the sale.

3.9 Any statement made as to the Lot’s potential for future use, development or refurbishment, or any estimate given as to as to current or future rental values are made purely as the Auctioneer’s opinion and are not intended to provide formal advice to any party whatsoever and any such statement should not be relied on by any prospective Bidder or Purchaser.

3.10 It is your responsibility to check that the Particulars of the sale and all other information about a Lot are accurate and complete before bidding and you should obtain your own independent professional advice to verify and check matters prior to bidding.

3.11 Bidding at the Auction (or making any pre or post Auction offer) is only permitted on the basis that you accept that, to the maximum extent permitted by law, we will not be held responsible or liable for any loss, cost, claim, demand or damage that you may incur as a result of the Particulars and anything contained or referred to in the Catalogue being incomplete, inaccurate, or misleading.

3.12 For the avoidance of doubt the Particulars, Areas and any Plans or Photographs used do not form or constitute part of an offer or contract.

3.13 Neither the Auctioneers, nor any person in their employment have any authority to make or give any representation or warranty whatsoever in relation to any Auction Lot.

 

4. Liability of Bidder

4.1 As the Bidder, you are entering into obligations to the Seller and the Auctioneer. Bidding at the Auction is only permitted on the basis you agree you will be personally liable in respect of any accepted bid and this applies if you bid as agent or other representative for another party. You also agree you will be jointly and separately liable under the contract of sale with the named Purchaser on whose behalf you have bid as an agent or other representative.

 

5. Procedure On a Sale in the Auction

5.1 From the moment the Auctioneer’s hammer falls the successful Bidder will be legally bound by all Conditions of Sale and a Contract for Sale is formed at that point. If you are the successful Bidder you will be given a Buyer’s Slip which you agree to sign to confirm the Bid made.

5.2 You agree to confirm the name if the Purchaser and this must his must be a specifically named entity and not “nominees", "associates", “agent” or any other similar term. If you are not the named Purchaser you agree to provide written authority from the Purchaser that you are authorised to Bid on their behalf.

5.3 You agree to pay the Deposit in accordance with the Section 6 below.

5.4 You agree to provide all necessary identification for the Bidder, Purchaser(s), Beneficial Owners(s) and source of funds for the Deposit payment as to allow us to comply with our obligations under The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. You acknowledged and agree that we may take and retain copies of any documentary evidence of ID provided and any personal data supplied will be processed only for the purposes of preventing money laundering or terrorist financing or as permitted under section 40 & 41 of the Money Laundering Regulations. This information will be kept on file for a minimum of 5 years.

5.5 If you do not immediately sign the Buyer’s slip, provide such information as required in respect of the Purchaser, provide any necessary identification or pay the Deposit we will be entitled to re-submit the property for sale and the Seller may treat the you as being in breach of Contract and this right is reserved in the event that the property is subsequently offered for sale, or sold.

5.6 Before leaving the Auction Room you agree to sign as the, or on behalf of the, Purchaser, the Sales Memorandum to record details of the exchange of contracts. If you are not the named Purchaser you agree to provide written authority from the Purchaser that you are authorised sign the Sales Memorandum their behalf. If this is not provided you agree that your name will be entered onto the Sales Memorandum as the Purchaser and unless the Seller agrees otherwise the property will only be transferred at completion to the Purchaser named on the Sales Memorandum.

5.7 You will be given a duplicate of the Sales Memorandum and sale contract signed on behalf of the Seller to pass to your solicitor, together with a copy of the Legal Pack if available.

5.8 The Lot may be at the Purchaser’s risk from exchange and you agree that you are aware of the insurance provisions within the Conditions of Sale.

 

6. Deposit

6.1 After signing the Buyer’s Slip, or otherwise at exchange of contracts you will pay the Deposit for each Lot you have been the successful Bidder, or otherwise had an offer accepted.

6.2 Payment must be in sterling and made against an account using cheque, banker’s draft, debit card, credit card or direct electronic transfer into our Client account drawn against an account at, or a card issuer who is a UK based bank or building society.

6.3 Payment by credit card will be subject to an additional charge of TBC %.

6.4 If payment is made by electronic transfer you must provide us with proof of payment that shows the name of the originating account, account number and source code.

6.5 No cash payments will be accepted.

6.6 Cheques should be made payable to Landwood Property Auctions unless varied by the Special Conditions.

6.7 Payment by cheque is only accepted on the basis that you ensure there are adequate cleared funds in the account upon which the cheque is drawn. We and the Seller reserve the right to take any action as appropriate against a purchaser whose cheque is not honoured on first presentation.

 

7. Compliance with The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and Proceeds of Crime Act (together with any relevant UK Legislation covering anti-money Laundering and counter-financing of terrorism)

 
7.1 If we have any suspicions regarding the Seller, The Bidder, Purchaser, Source of Deposit Funds and any relevant Beneficial owners we have various statutory obligations.

7.2 If funds are sent to our bank in circumstances where we are not satisfied with the evidence in respect of identity or source of funds, we may not be able to utilise or return funds if we are suspicious of the circumstances in which they were sent.

7.3 If we are unable to comply our obligations, or we have suspicions regarding any transaction then we reserve the right to decline any instructions from the Seller, Bidder, Purchaser and/or other relevant person. In such circumstances, we may not be able to return funds to the person from whom they originated or otherwise.

7.4 Any statutory obligations in relation anti-money Laundering and counter-financing of terrorism will override our business relationship with the Seller, Buyer, Purchaser and/or any other relevant person and it may not be possible for us to discuss these issues with them or disclose the fact that we have taken appropriate action in instance where we are unable to comply our obligations, or we have suspicions.

7.5 We will not be liable to any person in any respect whatsoever as a result of our taking any steps pursuant to any of the preceding provisions, or otherwise in compliance with anti-money Laundering and counter-financing of terrorism legislation.

 

8. Remote Bidders

8.1 If you are authorised as a Remote Bidder you also agree to be bound by the terms and Conditions for Remote Bidders published on the Auctioneer’s website in addition to the Conditions of Sale.

 

9. Post Exchange Inspections and Keys

9.1 You will not be entitled to keys or access to vacant properties until completion of the sale. If access is required, it may be arranged through our Manchester office if the Seller agrees and subject to whatever conditions they impose. A charge of £150, plus VAT for the first hour and £100 plus VAT per hour thereafter will be made if an accompanied viewing is necessary.

9.2 Once we are advised by the Seller’s solicitors that completion has occurred, the keys will be available for collection at our offices or the local key holder. If arrangements are made to post the keys, we take no responsibility for their delivery.

9.3 Any keys we handover on completion are those that have been provided to us by the Seller and we cannot guarantee that they will provide access to the whole, or any part of the property.

 

10. Miscellaneous

 10.1 This Notice and your use of this website governed exclusively by English law and any disputes arising from or in connection with this Notice or any other associated terms and conditions or your use of this website shall be subject to the exclusive jurisdiction of the courts of England and Wales.

10.2 If any provision of this Notice or any other of our associated terms and conditions or your use of this website (or any document incorporating them) or part of any provision is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

10.3 If any provision of this Notice or any other of our associated terms and conditions or your use of this website (or any document incorporating them) or part of any provision is found wholly illegal, invalid or unenforceable and not possible of reasonable modification, that provision or part-provision shall, to the extent required, be deemed not to form part of our agreement with you and the validity and enforceability of the other provisions shall not be affected.

10.4 YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE USE TO WHICH YOU PUT THIS NOTICE AND OUR WEBSITE AND ALL THE RESULTS AND INFORMATION YOU OBTAIN FROM IT AND THAT ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, REPRESENTATIONS AND TERMS WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

10.5 Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to this website hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use this Notice, and any other of our associated terms and conditions and our website.

0161 710 2010
Manchester
0151 242 6754
Liverpool
0113 403 2010
Leeds
0121 213 6389
Birmingham
0207 692 1930
London
Landwood Property Auctions is a trading name of LWA Manchester Limited a company registered in the United Kingdom under company number: 10855915. Registered Office: South Central 11 Peter Street Manchester M2 5QR. A list of directors is available at the registered office. VAT Reg Number: 277177173