Live Property Auction
Wednesday 30th September 2026 | 5pm
Our Story Established in 1831, Nock Deighton are professional estate agents with a wealth of experience and knowledge in residential sales & lettings. Since its beginnings, Nock Deighton has now grown to a network of 6 offices located throughout Shropshire and beyond. With over 200 years in the industry, Nock Deighton have developed a strong reputation as a trusted estate agent. They pride themselves on their exceptional levels of service and knowledge, which results in higher sale prices and shorter timescales for their sellers compared with their competitors. Using their knowledge of local areas, they successfully sell properties to local, regional, national, and international buyers. Currently, their services include residential sales, lettings, property management, land and new homes developments and auctions.
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Meet the Team
Mike Nettleton
Dawn Clarke
Matthew Burrows
Andrew Ainge
Chairman
Managing Director
Auctioneer
Sales Director
Chris Kemp
Hannah Brown
Sales Director
Sales Director
nockdeighton.co.uk
Glyn McKenna Associate Director & Head of Land and New Homes/Auctions
Misha Mackay Senior Office Manager
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Our Values
Our Mission
Integrity
We are a professional, dedicated, and ambitious agency, determined to invest in our people with the expectation of providing marketleading, unparalleled service and results for our clients.
We are always working in the best interests of our clients.
Loyalty We are true to the people who need us, even when times are tough.
Accountability The right thing to do, and the hard thing
Credentials
to do are usually the same.
Service Even if our competitors were FREE, we believe investing in Nock Deighton is still better value.
Positivity We bring energy and enthusiasm to our work. We are supportive of others, the processes we use, the clients we work with, and the firm.
Nock Deighton are members of the National Association of Estate Agents (NAEA), the Property Ombudsman Scheme, the Royal Institution of Chartered Surveyors (RICS) and the Association of Residential Letting Agents (ARLA). Members are bound by a strict code of practice ensuring the highest professional standards are observed in our dealings with both buyers and sellers. Our membership of the above professional bodies is your guarantee that the sale of your property will be handled with integrity, diligence and most importantly by properly qualified professionals.
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Our Branches Nock Deighton are Shropshire and Worcestershire based estate agents with dedicated offices covering Bridgnorth, Cleobury Mortimer, Ironbridge, Kidderminster, Ludlow, Newport, Telford and Shrewsbury. As a leading independent estate agent in the region, they offer a friendly and professional service that’s backed by knowledgeable experts who live in the area. Nock Deighton believe in giving every client the time, care and attention they deserve to ensure your property sale or purchase goes right the way through to completion – at the best possible price. They achieve this through their tried and tested methods and innovative approach to marketing.
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Addendum & Auctioneer’s Announcements Amendments to the catalogue particulars or conditions of sale (addendum) will be displayed in the saleroom and will be read by the auctioneer at the start of the auction. Addendum form part
Important Notice to be Read By All Bidders
of the contract of sale and the addendum sheet may have to be signed by the buyer. Bidders are deemed to be aware of any addendum and any other announcements made by the auctioneer, and bid
These notices and the Conditions of Sale of
subject to these. It is important therefore to arrive at
each lot are available at the auctioneer’s office.
the saleroom prior to the start of the auction.
Prospective buyers and their conveyancers should read them carefully. Both the auctioneer and his seller clients
Buyer’s Premium
have taken all reasonable steps to ensure the
A buyer’s premium applies to each lot. This is
lots in this catalogue are fairly described and
normally £1250 plus VAT (£1,500 inclusive of VAT) but
every opportunity has been given to enable
may differ on certain lots as indicated in the auction
prospective purchasers to make the necessary
catalogue. This is paid by the buyer in the saleroom
enquiries and investigations prior to the
immediately after the lot has been ‘knocked down’.
auction. Details of the seller’s conveyancer
In the event of non-payment of the buyer’s premium,
are available on request.
a deduction will be made from the buyer’s deposit to cover the buyer’s premium and this will need to be ‘made up’ by the buyer prior to completion.
Definition of ‘Guide Price’ & ‘Reserve Price’ A guide price is an indication of the seller’s current minimum acceptable sale price. The guide price, or range of guide price, is given to assist interested parties in deciding whether or not to pursue their interest. It is usual, but not always the case, that a provisional reserve price is set by the seller prior to the catalogue being published. As the reserve price may not be fixed at this stage, and can be adjusted by the seller at any time prior to auction, a guide price is published. This guide price can be shown as a range of prices above which the reserve price will not be set, or as a single figure within 10% of which the reserve price will be set. Both the guide price and reserve price can be subject to change at any time prior to the auction starting. A reserve price is the minimum price at which the seller allows the auctioneer to sell the lot at. The reserve price remains confidential between the seller and the auctioneer. 6
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Deposit
Prior Sales & Withdrawn Lots
At auction the fall of the gavel creates a binding
Prospective buyers should contact us prior to the
contract and we, as auctioneers, immediately require
auction to confirm whether a lot has been sold
a deposit of 10% of the purchase price (subject to
or withdrawn. We and our clients shall not be
a minimum of £2,500). This deposit can be paid by
responsible for any losses or abortive costs incurred
bank transfer or banker’s draft. We are able to accept
by prospective buyers against lots that are withdrawn
payment by debit card. If you wish to pay by debit
or sold prior to the auction.
card, you will be required to pay a Bidders Security Deposit of £5,000 towards your deposit, with the balance being paid by bank transfer or banker’s draft within two working days.
Legal Documents & Additional Costs It is essential bidders check the legal documents prior to bidding and take professional advice. Special conditions of sale can contain additional costs (that is costs over and above the price the lot is ‘knocked down’ at) and bidders are deemed to be aware of any
Particulars of Sale Bidders should check the particulars relating to any lot for which they intend to bid and ensure they are satisfied with the accuracy of all measurements, areas, details, leases and other matters referred to in the particulars of the lot or the conditions of sale and all other matters subject to which the properties are sold or have the benefit of. Bidders should check any contents, fixtures or fittings described as included in the sale are the property of the seller. This should be done by inspecting the property and by
additional costs prior to bidding.
making the necessary enquiries with the auctioneers,
Rents, Information Regarding Tenants & Price Estimates
including local authorities and service providers. All
Any estimates provided by the auctioneer regarding
necessary and appropriate enquiries and searches.
the price at which a property may be sold cannot be accepted by a buyer as advice or any form of valuation. Any estimates or suggestions given by the auctioneer regarding current or future rental prices must not be relied on as a valuation, but merely as estimates for guidance purpose only.
Sale of Property & Completion Bidders should note that a legally enforceable contract of sale of the relevant property on the terms set out in these notices and the general and special conditions of sale is created as soon as it has been ‘knocked down’ to the bidder by the auctioneer. Completion is required 20 working days after the
the seller or the sellers’ appropriate bodies measurements and areas referred to in the particulars are approximate. Bidders will be considered to have inspected the relevant property and have made all
Telephone & Proxy Bidding We are pleased to be able to offer remote bidding to anyone who is unable to attend the saleroom. Remote bidding can be by telephone or proxy. Please download and complete the remote bidding form available on our website and in this catalogue. Please note this form must be delivered to our office no later than 24 hours prior to the auction and must be accompanied by identification documents. We will then need to complete Anti-Money Laundering checks and receive the Bidders Security Deposit of £5,000 and the Buyer’s Premium by bank transfer before approving you as a bidder.
auction date, unless specified otherwise.
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Identification Documents As required by Anti-Money Laundering Legislation (Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), The Money Laundering Regulations 2007; The Proceeds of Crime Act 2002; Terrorism Act 2000 as amended by the Anti-Terrorism Crime and Security Act 2001) – Sheldon Bosley Knight Ltd is charged with criminal responsibilities relating to the identity of persons involved in property transactions and the source of funding associated therewith. Consequently, buyers of properties marketed through our agency are required to produce satisfactory evidence of their identity and current residential address, prior to progression of a transaction. Any failure to provide the required information will delay the process and could oblige the agent to submit a report to the National Crime Agency. Please note, failure to comply with the above could invalidate your bid and purchase of any lot.
You must submit at least one form of identification for each of the following verification sections.
PROOF OF NAME •
Current signed passport
•
Original birth certificate (UK birth certificate issued within
DOCUMENTS THAT
ARE NOT ACCEPTABLE INCLUDE…
12 months of the date of birth in full form) •
EEA member state identity card (which can also be used
•
licence
as evidence of address if it carries this)* •
Current UK or EEA photocard driving licence*
•
Full old-style driving licence*
PROOF OF ADDRESS •
Provisional driving
•
Mobile phone bills
•
Credit card statements
•
Screenshots from a mobile device
Utility bill (gas, electric, satellite television, landline phone bill) issued within the last three months
•
Local authority council tax bill for the current council tax year
•
Current UK driving licence*
•
Bank, building society or Credit Union statement or passbook dated within the last three months
•
Original mortgage statement from a recognised lender issued
* These items may be used to give evidence of address or identity but not both.
for the last full year
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Pre-Auction Offers
LOT 1 THE BUNGALOW, BROCKTON, MUCH WENLOCK
Pre-auction offers must be submitted in writing to the auctioneer’s office by letter or email, including name, address, telephone number and details of conveyancers. Any pre-auction offer received is assumed to be a ‘best and final offer’ and no guarantee is given that there will be an opportunity to increase or review the offer should it not be accepted or should a better offer be received. Pre-auction offers can only be considered on the basis of an exchange of contracts prior to auction in accordance with the Auction Legal Pack and Common Auction Conditions (found to the rear of this catalogue) with a 10% deposit (minimum £2,500) and payment of the buyer’s premium. If an offer is accepted the lot will not be withdrawn from the catalogue or advertising programme until exchange of contracts has taken place.
LOT 2 19 EYTON ROAD, DAWLEY, TELFORD
LOT 3 3 DARBY ROAD, COALBROOKDALE, TELFORD
LOT 4 THE OLD BAKERY ON THE NORTH SIDE OF 1 OLD BRICKYARD, NEW ROAD, LUDLOW
LOT 5 LOWENVA, STAFFORD STREET, TELFORD
LOT 6 3 LIDGATES GREEN, ARLESTON, TELFORD
Additional Costs Any additional costs, which are payable in addition to the purchase price that have not been mentioned in this catalogue, will be included within the special conditions attached to the Auction Legal Pack. Therefore, all prospective buyers are strongly advised to inspect the legal packs for every lot they may wish to bid on, in order to be made fully aware of any additional costs, if applicable.
LOT 7 27 BRANDYWELL ROAD, BROSELEY
LOT 8 (SOLD PRIOR) 11 ST. LEONARDS STEPS, BRIDGNORTH
LOT 9 66 & 68 HAYWARD AVENUE, DONNINGTON
LOT 10
Order of Sale LOT 1 7 THE CRESCENT, BADGER, WOLVERHAMPTON
15 MOAT STREET, BRIDGNORTH
LOT 11 2 NEW COTTAGES, STANLEY LANE, BRIDGNORTH
LOT 2 FLATS 1-4, SCHOOL ROAD, DONNINGTON
LOT 3 18 QUEENS COURT, MADELEY, TELFORD
LOT 4 6 ASHFORD BOWDLER, LUDLOW nockdeighton.co.uk
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Frequently Asked Questions Q: Can I view the properties?
Q: Do I have to be at the sale from the start?
A: We can usually arrange for you to view and have
A: It is advisable to be at the auction from the start
group viewing times for most properties. All
so you can listen to the auctioneer’s opening
interior viewing appointments must be arranged
announcements.
through our local offices. Please telephone the office dealing with the property. Q: Do I need a mortgage arranged prior to bidding?
A: If you require a mortgage or other form of loan to finance your purchase you must obtain an offer
Q: How early should I arrive for the auction? A: Arrive as early as possible. Our advice is always to find the hall about one hour before the auction starts. You can always have a cup of tea or refreshment once you have parked your car and located the hall.
of advance prior to the auction. Most building societies and banks are familiar with auction procedures and normally issue offers quickly. Q: When do I instruct my conveyancer?
Q: How do I bid? A: When your lot is announced and the auctioneer invites bids, you need to make your interest known. Please be bold with your bidding and
A: Prospective buyers can inspect copies of important
make sure you can see the auctioneer, but it is far
legal documentation at our auction offices and
more important they can see you. The auctioneer
sometimes this is available online. It is prudent to
will give you every opportunity to consider your
get a conveyancer to check the legal pack.
bid but if you are at all concerned you have not been seen, confirm this out loud.
Q: Can I have a structural survey done of a property prior to auction?
A: If you require a survey your surveyor should
Q: What if I cannot be there in person to bid? A: Please see the terms and conditions for bidding
contact us to arrange for access. Your building
by telephone or proxy along with the authorisation
society or bank may also send a surveyor to
form for bidding by telephone or proxy which is
the property.
towards the end of this catalogue.
Q: Can lots be sold prior to the sale?
Q: Are there are any other costs on the day?
A: Occasionally lots are sold or withdrawn prior
A: Each successful buyer or bidder will be liable to
to the sale. Check with us on the working day
pay a Buyer’s Premium as indicated in the auction
before the sale to ensure your particular lot is
catalogue, payable to Sheldon Bosley Knight
still to be offered.
Ltd. You will probably have to pay for the legal searches, if applicable, so please refer to the legal
Q: What order are the lots offered in? A: The order of sale is usually decided five days before the auction and you should get in touch
pack. Some lots have additional costs to pay. Full details of any specific costs can be found in the legal pack.
with the auction office to get the full running order. The published Order of Sale is within this catalogue and changes will be published on the addendum sheet available at the auction venue immediately before the auction starts.
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Q: What happens if my bid is successful?
Q: What about insurance?
A: Contracts are exchanged as soon as the gavel has
A: You are responsible for the property from the date
fallen. If you are the successful bidder, a member
of exchange and it is therefore very important you
of our auction team will take you to the finance
make arrangements to insure it immediately. If you
desk. You will then need to provide a 10% deposit
do not have insurance in place, we can suggest
(minimum £2,500) and pay your Buyer’s Premium.
firms who will be able to assist.
If you are unable to do this, the auctioneer has the right to re-offer the lot. If the property then sells for a lower figure the seller may claim any losses from you. You will then complete and sign the memorandum of sale before sitting with the person representing the vendor to complete and sign the contract of sale. The day after the auction, you will then be emailed a copy of the memorandum of sale signed by the seller or by us on behalf of the seller and you should then pass this to your own conveyancer as soon as possible.
Q: Can I buy a property prior to auction? A: Vendors will often consider offers made before the auction day, but they should be made in writing via post or email. Once this is received we can pass it on to the vendor and will then contact you with their instruction. Please note however, you must be in a position to exchange and pay your deposit and buyer’s premium before the auction day.
Unlocking the potential of local auctions: Nock Deighton, your trusted specialists for successful buying and selling.
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LOT 1
GUIDE PRICE
The Bungalow, Brockton, Much Wenlock
£185,000
KEY FEATURES 1. Rural village location in Brockton 2. Open fields to rear 3. Spacious living room and separate kitchen 4. Detached 3-bedroom bungalow
GENERAL INFORMATION 3 Bedroom Bungalow Local Authority:
Shropshire Council
AUCTION INFORMATION
DESCRIPTION
A full legal pack can be obtained
A detached three-bedroom bungalow occupying a generous plot
from the Auction Department:
in the attractive village of Brockton, enjoying a pleasant position
T:
01789 867123
E: auctions@nockdeighton.co.uk A buyer’s premium of £1250 plus VAT will be payable to Sheldon Bosley Knight at the fall of the gavel. SELLER’S SOLICITORS Mr Daniel Coultous-Pitt Jephson Legal
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with open fields to the rear and offering excellent potential for improvement. At the heart of the property is a spacious living room, alongside a separate kitchen. There are three bedrooms, together with a bathroom incorporating a WC, providing practical and versatile accommodation.Outside is a particular feature of the property, with the bungalow occupying a generous plot offering plenty of scope for landscaping and further enhancement. To the rear, the property enjoys an attractive outlook towards adjoining fields, adding to the pleasant rural setting.
nockdeighton.co.uk
LOT 2
GUIDE PRICE
19 Eyton Road, Dawley, Telford, TF4 2DN
SOLD PRIOR £120,000 KEY FEATURES 1. 3 Bedrooms 2. Generous living accommodation 3. Garden space 4. Good access to Telford and wider transport links 5. Convenient for local shops, schools and amenities
GENERAL INFORMATION 3 Bedroom House Local Authority:
Telford and Wrekin Council
AUCTION INFORMATION
DESCRIPTION
A full legal pack can be obtained
A spacious three-bedroom semi-detached home, offering generous
from the Auction Department:
accommodation and considerable potential for improvement,
T:
01789 867123
E: auctions@nockdeighton.co.uk A buyer’s premium of £1250 plus VAT will be payable to Sheldon Bosley Knight at the fall of the gavel. SELLER’S SOLICITORS
situated in an established residential area of Dawley. Internally, the accommodation offers well-proportioned living space, with generous reception accommodation, kitchen and useful ground-floor facilities. To the first floor are three bedrooms together with the principal bathroom facilities. Externally, the property benefits from garden space, offering further potential to create an attractive outdoor area for entertaining and family use.
Ms Jessica Smout Parry Carver Solicitors
nockdeighton.co.uk
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LOT 3
GUIDE PRICE
3 Darby Road, Coalbrookdale, Telford
£140,000
KEY FEATURES 1. Exposed beams & inglenook fireplace 2. Wood-burning stove 3. Contemporary shower room 4. Front & rear gardens 5. Grade II Listed 6. Charming period character
GENERAL INFORMATION 2 Bedroom Cottage Local Authority:
Telford and Wrekin Council
AUCTION INFORMATION A full legal pack can be obtained from the Auction Department: T:
01789 867123
DESCRIPTION Charming Grade II listed Character Cottage in the Heart of Coalbrookdale. This delightful two-bedroom mid-terrace cottage beautifully combines period charm with practical modern living.
E: auctions@nockdeighton.co.uk
Full of character throughout, the property features exposed beams,
A buyer’s premium of £1250 plus VAT
a warm and inviting atmosphere from the moment you step inside.
will be payable to Sheldon Bosley
traditional brick fireplaces and a cosy wood-burning stove, creating
Knight at the fall of the gavel.
The ground floor opens into the sitting room which enjoys a wealth
SELLER’S SOLICITORS
with wood burning stove. Externally, the property benefits from a
Mr Daniel Coultous-Pitt Jephson Legal
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of character, centred around the attractive inglenook-style fireplace charming cottage-style garden to the front, to the rear are steps up to the garden which can also be accessed from a lane at the rear.
nockdeighton.co.uk
LOT 4
GUIDE PRICE
The Old Bakery on the North Side of 1 Old Brickyard, New Road, Ludlow
£90,000
KEY FEATURES 1. Traditional red-brick elevations and pitched roof 2. Characterful former agricultural building 3. Substantial internal space with high rooflines 5. Mains services connected 6. Highly desirable historic market town
GENERAL INFORMATION 1 Bedroom Barn Local Authority:
Shropshire Council
AUCTION INFORMATION A full legal pack can be obtained from the Auction Department: T:
01789 867123
E: auctions@nockdeighton.co.uk A buyer’s premium of £1250 plus VAT will be payable to Sheldon Bosley Knight at the fall of the gavel.
DESCRIPTION Set within the historic market town of Ludlow, this substantial brickbuilt former agricultural building presents a rare and characterful opportunity in an established residential setting. The building retains its traditional red-brick elevations, pitched roof and impressive proportions, offering an attractive basis for future use, subject to any necessary permissions. The building comprises a southern section arranged as residential
SELLER’S SOLICITORS
accommodation, with ground and first-floor living space, alongside
Mr Adam Davies FBC Manby Bowdler
traditional detailing. Benefits from hardstanding, garden space and
nockdeighton.co.uk
a generous former barn featuring open areas, high rooflines and practical parking.
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GUIDE PRICE
LOT 5
Lowenva, Stafford Street, St. Georges, Telford
£119,000
KEY FEATURES 1. Detached three-bedroom bungalow 2. Spacious front garden offering excellent privacy 3. Large driveway with ample offroad parking 4. Generous living room with good natural light 5. Excellent outdoor space for entertaining and relaxation
GENERAL INFORMATION 3 Bedroom Bungalow Local Authority:
Telford and Wrekin Council
AUCTION INFORMATION
DESCRIPTION
A full legal pack can be obtained
The living room is positioned to the front of the property and
from the Auction Department:
is a particularly generous space. From the living room, the
T:
01789 867123
E: auctions@nockdeighton.co.uk
accommodation flows into the dining room, which sits adjacent to the kitchen and provides a dedicated space for family meals or entertaining. The kitchen itself is well laid out and offers a practical
A buyer’s premium of £1250 plus VAT
and functional working environment, with direct access into the
will be payable to Sheldon Bosley
conservatory.
Knight at the fall of the gavel. SELLER’S SOLICITORS
The bungalow offers three bedrooms, all accessed from the central hall. The main bedroom is a comfortable double room with a pleasant outlook and ample space for bedroom furniture. The
Ms Jemma Ninnis
second bedroom is another well-proportioned double, suitable for
Bright Solicitors
guests or family members, while the third bedroom offers flexibility as a single room, home office or hobby space.
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LOT 6
GUIDE PRICE
3 Lidgates Green, Arleston, Telford
£170,000
KEY FEATURES 1. Three-bedroom detached 2. Popular residential location 3. Separate sitting and dining rooms 4. Principal bedroom with en-suite shower room 5. Driveway providing off-road parking 6. Private rear garden with scope for landscaping
GENERAL INFORMATION 3 Bedroom House Local Authority:
Telford and Wrekin Council
AUCTION INFORMATION
DESCRIPTION
A full legal pack can be obtained
A well-proportioned three-bedroom detached family home offering
from the Auction Department:
generous living accommodation, two bathrooms, an integral garage
T:
01789 867123
E: auctions@nockdeighton.co.uk A buyer’s premium of £1250 plus VAT will be payable to Sheldon Bosley Knight at the fall of the gavel. SELLER’S SOLICITORS
with EV charging point and excellent potential to create a superb family home in a popular residential setting. The ground floor offers a practical and an open plan style layout with a distinct separate sitting room and dining room. The dining room offers direct access to the rear garden via patio doors and a door to the kitchen. The kitchen looks out over the garden and offers a range of fitted units with space for appliances, together with a door providing further access outside.
Mr Daniel Coultous-Pitt Jephson Legal
nockdeighton.co.uk
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LOT 7
GUIDE PRICE
27 Brandywell Road, Broseley
£125,000
KEY FEATURES 1. Two-bedroom semi-detached home 2. Generously proportioned living room 3. Requires refurbishment and modernisation 4. Kitchen with access to the rear garden 5. Driveway providing off-road parking
GENERAL INFORMATION 2 Bedroom House Local Authority:
Shropshire Council
AUCTION INFORMATION
DESCRIPTION
A full legal pack can be obtained
27 Brandywell road is a two-bedroom semi-detached home offering
from the Auction Department:
an excellent opportunity for a purchaser looking to modernise and
T:
01789 867123
E: auctions@nockdeighton.co.uk A buyer’s premium of £1250 plus VAT will be payable to Sheldon Bosley Knight at the fall of the gavel. SELLER’S SOLICITORS Ms Rhian Wootten-Vaughan Mortimers Solicitors
create a property to their own specification. Requiring a programme of refurbishment, the house benefits from well-proportioned accommodation, driveway parking and gardens to both the front and rear. The accommodation is arranged over two floors and begins with an entrance hall leading into a generously proportioned living room. A large window to the front provides plenty of natural light. From here, a door leads through to the kitchen, which overlooks and provides access to the rear garden. On the first floor, the landing provides access to two bedrooms and the family bathroom. The principal bedroom is a particularly good size and benefits from built-in storage.
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LOT 8
GUIDE PRICE
11 St. Leonards Steps, Bridgnorth
£20,000 SOLD PRIOR
KEY FEATURES 1. Lounge with brick fireplace and inset log-burning stove 2. Kitchen with rear external access 3. Open landing with potential for second bedroom or study 4. Delightful far-reaching views over Bridgnorth
GENERAL INFORMATION End of Terrace House Local Authority:
Shropshire Council
AUCTION INFORMATION
DESCRIPTION
A full legal pack can be obtained
The accommodation is arranged over two floors and briefly
from the Auction Department:
comprises a front entrance door opening into the lounge, featuring
T:
01789 867123
E: auctions@nockdeighton.co.uk A buyer’s premium of £1250 plus VAT will be payable to Sheldon Bosley Knight at the fall of the gavel. SELLER’S SOLICITORS Ms Alexandra Jenkins Hek Jones Solicitors
nockdeighton.co.uk
a brick fireplace with inset log burning stove, creating a cosy focal point to the room. To the rear, the kitchen provides access to the outside via a rear external door. Stairs rise to the first floor where there is a double bedroom, bathroom and an open landing area offering potential to create a second bedroom or study space. Externally, the property benefits from an elevated rear position with delightful far-reaching views over Bridgnorth, together with an outdoor store cupboard.
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LOT 9
GUIDE PRICE
66 & 68 Hayward Avenue, Donnington, Telford
£140,000
KEY FEATURES 1. Three-bedroom properties 2. Well-proportioned accommodation over two floors 3. Comfortable main living room 4. Built-in bedroom storage 5. Further single bedroom, ideal as an office or nursery
GENERAL INFORMATION 3 Bedroom Houses Local Authority:
Telford and Wrekin Council
AUCTION INFORMATION
DESCRIPTION
A full legal pack can be obtained
66 and 68 Hayward Avenue are well-proportioned three-bedroom
from the Auction Department:
properties offering practical accommodation arranged over two
T:
01789 867123
E: auctions@nockdeighton.co.uk
floors. The ground floor opens into an entrance hall with stairs rising to the first floor. The main living room provides a comfortable and versatile space for relaxing, while a separate dining room offers
A buyer’s premium of £1250 plus VAT
plenty of room for family meals and entertaining. The kitchen is
will be payable to Sheldon Bosley
positioned to the rear of the property and completes the ground-
Knight at the fall of the gavel.
floor accommodation. Upstairs, there are three bedrooms, including two generous double rooms and a further single bedroom that
SELLER’S SOLICITORS Mr Daniel Coultous-Pitt Jephson Legal
could also be utilised as a home office or nursery. Useful built-in storage is available within the bedrooms, while a family bathroom completes the first floor. Redevelopment may be possible subject to the necessary planning.
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nockdeighton.co.uk
LOT 10
GUIDE PRICE
15 Moat Street, Bridgnorth
£139,950
KEY FEATURES 1. Centrally positioned twobedroom semi-detached property 2. Cellar providing useful additional space 3. Scope to create a bespoke home 4. Driveway parking – a rare benefit in a central location 5. Low-maintenance block-paved front garden
GENERAL INFORMATION 2 Bedroom House Local Authority:
Shropshire Council
AUCTION INFORMATION
DESCRIPTION
A full legal pack can be obtained
This two bedroom semi-detached house presents an excellent
from the Auction Department:
investment opportunity in a highly convenient town centre location,
T:
01789 867123
E: auctions@nockdeighton.co.uk A buyer’s premium of £1250 plus VAT will be payable to Sheldon Bosley Knight at the fall of the gavel.
offering a wealth of potential for those seeking to modernise and create a bespoke home. The property’s layout is both practical and versatile, featuring two well-proportioned bedrooms on the upper floor and two separate reception rooms on the ground floor, in addition to the cellar below. The ground floor bathroom is conveniently situated for ease
SELLER’S SOLICITORS Ms Mahira Sajid
of access and could be ideal for those looking for ground floor facilities.
Underhill Langley & Wright
nockdeighton.co.uk
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LOT 11
GUIDE PRICE
2 New Cottages, Stanley Lane, Bridgnorth
SOLD PRIOR £265,000
KEY FEATURES 1. Three-bedroom semi-detached home 2. Generous plot of approximately 0.5 acres 3. Rear kitchen with adjoining storage 4. Ground-floor bathroom and separate WC 5. Extensive gardens offering a blank canvas for landscaping
GENERAL INFORMATION 3 Bedroom House Local Authority:
Shropshire Council
AUCTION INFORMATION
DESCRIPTION
A full legal pack can be obtained
A unique opportunity to acquire a three bedroom semi-detached
from the Auction Department:
home requiring full renovation, occupying a particularly generous
T:
01789 867123
E: auctions@nockdeighton.co.uk
plot extending to approximately half an acre. The ground floor accommodation is approached through an entrance hall with stairs rising to the first floor. A generously proportioned living
A buyer’s premium of £1250 plus VAT
room provides the principal reception space, while the kitchen sits
will be payable to Sheldon Bosley
towards the rear and benefits from useful adjoining storage.
Knight at the fall of the gavel. SELLER’S SOLICITORS Ms Sarah Milgate Talbots Law
Beyond the kitchen is a conservatory. Upstairs, the first floor landing gives access to three bedrooms, including an especially generous principal bedroom, alongside two further well-proportioned rooms. Outside is where the property offers significant further appeal. Set within a plot of approximately half an acre, the extensive grounds provide an excellent blank canvas for landscaping and outdoor living.
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Auction Terms and Conditions
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Common Auction Conditions For auctions of real estate in England and Wales, Edition 4.0, March 2018
GLOSSARY
ARREARS SCHEDULE
This glossary applies to the AUCTION CONDUCT CONDITIONS
The ARREARS schedule (if any) forming part of the SPECIAL
and the SALE CONDITIONS. It is a compulsory section of the
CONDITIONS.
variation (but the SPECIAL CONDITIONS may include defined
AUCTION
Common AUCTION Conditions that must be included without words that differ from the glossary so long as they apply only to
The AUCTION advertised in the CATALOGUE.
to the CONDITIONS and YOU, WE, the SELLER and the BUYER
AUCTION CONDUCT CONDITIONS
the SPECIAL CONDITIONS). The laws of England and Wales apply all submit to the jurisdiction of the Courts of England and Wales.
The conditions so headed, including any extra AUCTION
Wherever it makes sense:
CONDUCT CONDITIONS.
•
AUCTIONEERS
singular words can be read as plurals, and plurals as singular words;
•
“person” includes a corporate body;
•
words of one gender include the other genders;
•
references to legislation are to that legislation as it may have been modified or re-enacted by the date of the AUCTION or the CONTRACT DATE (as applicable); and
•
where the following words appear in small capitals they have the specified meanings.
The auctioneers at the AUCTION.
BUSINESS DAY Any day except (a) Saturday or Sunday or (b) a bank or public holiday in England and Wales.
BUYER The person who agrees to buy the LOT or, if applicable, that
ACTUAL COMPLETION DATE
person’s personal representatives: if two or more are jointly the
The date when COMPLETION takes place or is treated as taking
or against each of them separately.
place for the purposes of apportionment and calculating interest.
ADDENDUM
BUYER their obligations can be enforced against them jointly
CATALOGUE The catalogue for the AUCTION as it exists at the date of the
An amendment or addition to the CONDITIONS or to the
AUCTION (or, if the catalogue is then different, the date of the
PARTICULARS or to both whether contained in a supplement
CONTRACT) including any ADDENDUM and whether printed
to the CATALOGUE, a written notice from the AUCTIONEERS
or made available electronically.
or an oral announcement at the AUCTION.
AGREED COMPLETION DATE Subject to CONDITION G9.3: a) the date specified in the SPECIAL CONDITIONS; or b) if no date is specified, 20 BUSINESS DAYS after the CONTRACT DATE; but if that date is not a BUSINESS DAY the first subsequent BUSINESS DAY.
APPROVED FINANCIAL INSTITUTION Any bank or building society that is regulated by a competent UK regulatory authority or is otherwise acceptable to the AUCTIONEERS.
ARREARS ARREARS of rent and other sums due under the TENANCIES and still outstanding on the ACTUAL COMPLETION DATE.
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COMPLETION Unless the SELLER and the BUYER otherwise agree, the occasion when they have both complied with the obligations under the CONTRACT that they are obliged to comply with prior to COMPLETION, and the amount payable on COMPLETION has been unconditionally received in the SELLER’S conveyancer’s client account (or as otherwise required by the terms of the CONTRACT).
CONDITION One of the AUCTION CONDUCT CONDITIONS or SALE CONDITIONS.
CONTRACT The CONTRACT by which the SELLER agrees to sell and the BUYER agrees to buy the LOT.
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CONTRACT DATE
PRICE
The date of the AUCTION or, if the LOT is sold before or after
The PRICE (exclusive of VAT) the BUYER agrees to pay for the LOT.
the AUCTION: a) the date of the SALE MEMORANDUM b) if CONTRACTs are exchanged, the date of exchange. If exchange is not effected in person or by an irrevocable agreement to exchange made by telephone, fax or electronic mail the date of exchange is the date on which both parts have been signed and posted or otherwise placed beyond normal retrieval.
DOCUMENTS DOCUMENTS of title including, if title is registered, the entries on the register and the title plan and other DOCUMENTS listed or referred to in the SPECIAL CONDITIONS relating to the LOT (apart from FINANCIAL CHARGES).
EXTRA GENERAL CONDITIONS Any CONDITIONS added or varied by the AUCTIONEERS starting at CONDITION G30.
FINANCIAL CHARGE A charge to secure a loan or other financial indebtedness
READY TO COMPLETE Ready, willing and able to complete: if COMPLETION would enable the SELLER to discharge all FINANCIAL CHARGES secured on the LOT that have to be discharged by COMPLETION, then those outstanding financial charges do not prevent the SELLER from being READY TO COMPLETE.
SALE CONDITIONS The GENERAL CONDITIONS as varied by any SPECIAL CONDITIONS or ADDENDUM.
SALE MEMORANDUM The form so headed (whether or not set out in the CATALOGUE) in which the terms of the CONTRACT for the sale of the LOT are recorded.
SELLER The person selling the LOT. If two or more are jointly the SELLER their obligations can be enforced against them jointly or against each of them separately.
(but not including a rent charge or local land charge).
SPECIAL CONDITIONS
GENERAL CONDITIONS
Those of the SALE CONDITIONS so headed that relate to the LOT.
The SALE CONDITIONS headed ‘GENERAL CONDITIONS
TENANCIES
OF SALE’, including any EXTRA GENERAL CONDITIONS.
INTEREST RATE If not specified in the SPECIAL CONDITIONS, the higher of 6% and 4% above the base rate from time to time of Barclays Bank
TENANCIES, leases, licences to occupy and agreements for lease and any DOCUMENTS varying or supplemental to them.
TENANCY SCHEDULE
plc. The INTEREST RATE will also apply to any judgment debt,
The schedule of TENANCIES (if any) forming part of the SPECIAL
unless the statutory rate is higher.
CONDITIONS.
LOT
TRANSFER
Each separate property described in the CATALOGUE or (as the
TRANSFER includes a conveyance or assignment (and
case may be) the property that the SELLER has agreed to sell and
“to TRANSFER” includes “to convey” or “to assign”).
the BUYER to buy (including chattels, if any).
TUPE
OLD ARREARS
The TRANSFER of Undertakings (Protection of Employment)
ARREARS due under any of the TENANCIES that are not “new
Regulations 2006.
TENANCIES” as defined by the Landlord and Tenant (Covenants)
VAT
Act 1995.
PARTICULARS The section of the CATALOGUE that contains descriptions of each
Value Added Tax or other tax of a similar nature.
VAT OPTION
LOT (as varied by any ADDENDUM).
An option to tax. We (and Us and Our).
PRACTITIONER
THE AUCTIONEERS
An insolvency PRACTITIONER for the purposes of the Insolvency
You (and Your).
Act 1986 (or, in relation to jurisdictions outside the United Kingdom,
Someone who has seen the CATALOGUE or who attends or bids at
a person undertaking a similar role).
or otherwise participates in the AUCTION, whether or not a BUYER.
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Auction Conduct Conditions Words in small capitals have the special meanings defined in the Glossary.
The AUCTION CONDUCT CONDITIONS (as supplemented
or varied by CONDITION A6, if applicable) are a compulsory section of the Common AUCTION Conditions. They cannot be disapplied or varied without OUR agreement, even by a
CONDITION purporting to replace the Common AUCTION Conditions in their entirety.
A1 Introduction
A3.5 Where there is a reserve PRICE the SELLER may bid (or ask US or another agent to bid on the SELLERS behalf) up to the reserve PRICE but may not make a bid equal to or exceeding the reserve PRICE. YOU accept that it is possible that all bids up to the reserve PRICE are bids made by or on behalf of the SELLER.
A4 The PARTICULARS and other information A4.1 WE have taken reasonable care to prepare PARTICULARS
A1.1 The AUCTION CONDUCT CONDITIONS apply wherever
that correctly describe each LOT. The PARTICULARS are based
the LOT is located.
on information supplied by or on behalf of the SELLER. YOU need
A1.2 If YOU make a bid for a LOT or otherwise participate in the
to check that the information in the PARTICULARS is correct.
AUCTION it is on the basis that YOU accept these AUCTION
A4.2 If the SPECIAL CONDITIONS do not contain a description
CONDUCT CONDITIONS. They govern OUR relationship with
of the LOT, or simply refer to the relevant LOT number, you take
YOU. They can be varied only if WE agree.
the risk that the description contained in the PARTICULARS is
A2 OUR role
incomplete or inaccurate, as the PARTICULARS have not been prepared by a conveyancer and are not intended to form part
A2.1 As agents for each SELLER we have authority to
of a legal CONTRACT.
(a) prepare the CATALOGUE from information supplied by
A4.3 The PARTICULARS and the SALE CONDITIONS may change
or on behalf of each SELLER;
prior to the AUCTION and it is YOUR responsibility to check that
(b) offer each LOT for sale;
YOU have the correct versions.
(c) sell each LOT;
A4.4 If WE provide information, or a copy of a DOCUMENT,
(d) receive and hold deposits;
WE do so only on the basis that WE are not responsible for the
(e) sign each SALE MEMORANDUM; and
accuracy of that information or DOCUMENT.
(f) treat a CONTRACT as repudiated if the BUYER fails to sign a SALE MEMORANDUM or pay a deposit as required by these AUCTION CONDUCT CONDITIONS or fails to provide identification as required by the AUCTIONEERS. A2.2 OUR decision on the conduct of the AUCTION is final. A2.3 WE may cancel the AUCTION, or alter the order in which LOTS are offered for sale. WE may also combine or divide LOTS. A LOT may be sold or withdrawn from sale prior to the AUCTION. A2.4 YOU acknowledge that to the extent permitted by law WE owe YOU no duty of care and YOU have no claim against US for any loss. A2.5 WE may refuse to admit one or more persons to the AUCTION
A5 The CONTRACT A5.1 A successful bid is one WE accept as such (normally on the fall of the hammer). This CONDITION A5 applies to YOU only if YOU make the successful bid for a LOT. A5.2 YOU are obliged to buy the LOT on the terms of the SALE MEMORANDUM at the PRICE YOU bid (plus VAT, if applicable). A5.3 YOU must before leaving the AUCTION (a) provide all information WE reasonably need from YOU to enable US to complete the SALE MEMORANDUM (including proof of your identity if required by US);
without having to explain why.
(b) sign the completed SALE MEMORANDUM; and
A2.6 YOU may not be allowed to bid unless YOU provide such
(c) pay the deposit.
evidence of YOUR identity and other information as WE reasonably
A5.4 If YOU do not WE may either
require from all bidders.
(a) as agent for the SELLER treat that failure as YOUR repudiation
A3 Bidding and reserve PRICE
of the CONTRACT and offer the LOT for sale again: the SELLER may then have a claim against YOU for breach of CONTRACT; or
A3.1 All bids are to be made in pounds sterling exclusive of VAT.
(b) sign the SALE MEMORANDUM on YOUR behalf.
A3.2 WE may refuse to accept a bid. WE do not have to explain why.
A5.5 The deposit
A3.3 If there is a dispute over bidding WE are entitled to resolve it, and OUR decision is final. A3.4 Unless stated otherwise each LOT is subject to a reserve PRICE (which may be fixed just before the LOT is offered for sale). If no bid equals or exceeds that reserve PRICE the LOT will be withdrawn from the AUCTION.
(a) must be paid in pounds sterling by cheque or by bankers’ draft made payable to US (or, at OUR option, the SELLER’S conveyancer) drawn on an APPROVED FINANCIAL INSTITUTION (CONDITION A6 may state if WE accept any other form of payment); (b) may be declined by US unless drawn on YOUR account, or that of the BUYER, or of another person who (we are satisfied) would not expose US to a breach of money laundering regulations;
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(c) is to be held by US (or, at OUR option, the SELLER’S conveyancer); and (d) is to be held as stakeholder where VAT would be chargeable on the deposit were it to be held as agent for the SELLER, but otherwise is to be held as stakeholder unless the SALE CONDITIONS require it to be held as agent for the SELLER. A5.6 WE may retain the SALE MEMORANDUM signed by or on behalf of the SELLER until the deposit has been received in cleared funds.
(b) YOU must indemnify the SELLER in respect of any loss the SELLER incurs as a result of the BUYER’s default. A5.9 Where the BUYER is a company YOU warrant that the BUYER is properly constituted and able to buy the LOT.
A6 EXTRA AUCTION CONDUCT CONDITIONS A6.1 Despite any SPECIAL CONDITION to the contrary the minimum deposit WE accept is £2,500 (or the total PRICE, if less). A SPECIAL CONDITION may, however, require
A5.7 Where WE hold the deposit as stakeholder WE are authorised
a higher minimum deposit.
to release it (and interest on it if applicable) to the SELLER on
A6.2 If the BUYER wishes to pay their DEPOSIT by debit card, they
COMPLETION or, if COMPLETION does not take place, to the person entitled to it under the SALE CONDITIONS.
will pay a bidder security fee of £5000 to US. If the total DEPOSIT is less than £5000, the BUYER may pay the whole DEPOSIT by debit
A5.8 If the BUYER does not comply with its obligations under the
card. The bidder security fee will go on to form part of the deposit.
CONTRACT then
The balance of the deposit must be paid to US within 2 BUSINESS
(a) YOU are personally liable to buy the LOT even if YOU are acting
DAYS by bank transfer.
as an agent; and
General Conditions of Sale Words in small capitals have the special meanings defined in the Glossary.
The GENERAL CONDITIONS (as WE supplement or change them by any EXTRA GENERAL CONDITIONS or ADDENDUM) are
compulsory but may be disapplied or changed in relation to one or more LOTS by SPECIAL CONDITIONS. The template form of
matters relating to town and country planning, highways or public health; (e) rights, easements, quasi-easements, and wayleaves; (f) outgoings and other liabilities;
SALE MEMORANDUM is not compulsory but is to be varied only
(g) any interest which overrides, under the Land Registration
schedules are recommended, but are not compulsory and may
(h) matters that ought to be disclosed by the searches and
if WE agree. The template forms of SPECIAL CONDITIONS and be changed by the SELLER of a LOT.
G1 The LOT G1.1 The LOT (including any rights to be granted or reserved, and
Act 2002; enquiries a prudent BUYER would make, whether or not the BUYER has made them; and (i) anything the SELLER does not and could not reasonably know about.
any exclusions from it) is described in the SPECIAL CONDITIONS, or
G1.5 Where anything subject to which the LOT is sold would expose
if not so described is that referred to in the SALE MEMORANDUM.
the SELLER to liability the BUYER is to comply with it and indemnify
G1.2 The LOT is sold subject to any TENANCIES disclosed by the
the SELLER against that liability.
SPECIAL CONDITIONS, but otherwise with vacant possession on
G1.6 The SELLER must notify the BUYER of any notices, orders,
COMPLETION.
demands, proposals and requirements of any competent authority
G1.3 The LOT is sold subject to all matters contained or referred
of which it learns after the CONTRACT DATE but the BUYER must
to in the DOCUMENTS. The SELLER must discharge FINANCIAL
comply with them and keep the SELLER indemnified.
CHARGES on or before COMPLETION.
G1.7 The LOT does not include any tenant’s or trade fixtures or
G1.4 The LOT is also sold subject to such of the following as may
fittings. The SPECIAL CONDITIONS state whether any chattels
affect it, whether they arise before or after the CONTRACT DATE and whether or not they are disclosed by the SELLER or are apparent from inspection of the LOT or from the DOCUMENTS: (a) matters registered or capable of registration as local land charges; (b matters registered or capable of registration by any competent authority or under the provisions of any statute; (c) notices, orders, demands, proposals and requirements of any competent authority; (d) charges, notices, orders, restrictions, agreements and other
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are included in the LOT, but if they are: (a) the BUYER takes them as they are at COMPLETION and the SELLER is not liable if they are not fit for use, and (b) the SELLER is to leave them at the LOT. G1.8 The BUYER buys with full knowledge of (a) the DOCUMENTS, whether or not the BUYER has read them; and (b) the physical condition of the LOT and what could reasonably be discovered on inspection of it, whether or not the BUYER has inspected it.
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G1.9 The BUYER admits that it is not relying on the information contained in the PARTICULARS or on any representations made by or on behalf of the SELLER but the BUYER may rely on the SELLER’S conveyancer’s written replies to written enquiries to
G4 TITLE AND IDENTITY G4.1 Unless CONDITION G4.2 applies, the BUYER accepts the title of the SELLER to the LOT as at the CONTRACT DATE and may raise
the extent stated in those replies.
no requisition or objection to any of the DOCUMENTS that is made
G2 DEPOSIT
occurs after the CONTRACT DATE.
G2.1 The amount of the deposit is the greater of: (a) any minimum deposit stated in the AUCTION CONDUCT CONDITIONS (or the total PRICE, if this is less than that minimum); and (b) 10% of the PRICE (exclusive of any VAT on the PRICE). G2.2 If a cheque for all or part of the deposit is not cleared on first presentation the SELLER may treat the CONTRACT as at an end and bring a claim against the BUYER for breach of CONTRACT.
available before the AUCTION or any other matter, except one that G4.2 The following provisions apply only to any of the following DOCUMENTS that is not made available before the AUCTION: (a) If the LOT is registered land the SELLER is to give to the BUYER within five BUSINESS DAYS of the CONTRACT DATE an official copy of the entries on the register and title plan and, where noted on the register, of all DOCUMENTS subject to which the LOT is being sold. (b) If the LOT is not registered land the SELLER is to give to the BUYER within five BUSINESS DAYS of the CONTRACT
G2.3 Interest earned on the deposit belongs to the SELLER
DATE an abstract or epitome of title starting from the root
unless the SALE CONDITIONS provide otherwise.
of title mentioned in the SPECIAL CONDITIONS (or, if none
G3 Between CONTRACT and COMPLETION
is mentioned, a good root of title more than fifteen years old)
G3.1 From the CONTRACT DATE the SELLER has no obligation to insure the LOT and the BUYER bears all risks of loss or damage unless (a) the LOT is sold subject to a TENANCY that requires the SELLER to insure the LOT or (b) the SPECIAL CONDITIONS require the SELLER to insure the LOT. G3.2 If the SELLER is required to insure the LOT then the SELLER (a) must produce to the BUYER on request all relevant insurance details; (b) must use reasonable endeavours to maintain that or equivalent insurance and pay the premiums when due; (c) gives no warranty as to the adequacy of the insurance; (d) must at the request of the BUYER use reasonable endeavours to have the BUYER’s interest noted on the policy if it does not cover a contracting purchaser; (e) must, unless otherwise agreed, cancel the insurance at
and must produce to the BUYER the original or an examined copy of every relevant DOCUMENT. (c) If title is in the course of registration, title is to consist of: (i) certified copies of the application for registration of title made to the Land Registry and of the DOCUMENTS accompanying that application; (ii) evidence that all applicable stamp duty land tax relating to that application has been paid; and (iii) a letter under which the SELLER or its conveyancer agrees to use all reasonable endeavours to answer any requisitions raised by the Land Registry and to instruct the Land Registry to send the completed registration DOCUMENTS to the BUYER. (d) The BUYER has no right to object to or make requisitions on any title information more than seven BUSINESS DAYS after that information has been given to the BUYER. G4.3 Unless otherwise stated in the SPECIAL CONDITIONS the SELLER sells with full title guarantee except that (and the TRANSFER
COMPLETION, apply for a refund of premium and (subject
shall so provide):
to the rights of any tenant or other third party) pay that refund
(a) the covenant set out in section 3 of the Law of Property
to the BUYER; and
(Miscellaneous Provisions) Act 1994 shall not extend to
(f) (subject to the rights of any tenant or other third party) hold
matters recorded in registers open to public inspection; these
on trust for the BUYER any insurance payments that the
are to be treated as within the actual knowledge of the BUYER;
SELLER receives in respect of loss or damage arising after the
and (b) the covenant set out in section 4(1)
CONTRACT DATE, or assign to the BUYER the benefit of any
(b) of the Law of Property (Miscellaneous Provisions) Act 1994
claim; and the BUYER must on COMPLETION reimburse to the
shall not extend to any condition or tenant’s obligation
SELLER the cost of that insurance as from the CONTRACT DATE
relating to the state or condition of the LOT where the LOT
(to the extent not already paid by the BUYER or a tenant or other third party).
is leasehold property. G4.4 The TRANSFER is to have effect as if expressly subject to all
G3.3 No damage to or destruction of the LOT, nor any deterioration
matters subject to which the LOT is sold under the CONTRACT.
in its condition, however caused, entitles the BUYER to any reduction
G4.5 The SELLER does not have to produce, nor may the BUYER
in PRICE, or to delay COMPLETION, or to refuse to complete.
object to or make a requisition in relation to, any prior or superior
G3.4 Section 47 of the Law of Property Act 1925 does not apply to
title even if it is referred to in the DOCUMENTS.
the CONTRACT.
G4.6 The SELLER (and, if relevant, the BUYER) must produce to each
G3.5 Unless the BUYER is already lawfully in occupation of the
other such confirmation of, or evidence of, their identity and that
LOT the BUYER has no right to enter into occupation prior to
of their mortgagees and attorneys (if any) as is necessary for the
COMPLETION.
other to be able to comply with applicable Money Laundering Regulations and Land Registry Rules.
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G5 TRANSFER
G7 NOTICE TO COMPLETE
G5.1 Unless a form of TRANSFER is prescribed by the SPECIAL
G7.1 The SELLER or the BUYER may on or after the AGREED
CONDITIONS
COMPLETION DATE but before COMPLETION give the other
(a) the BUYER must supply a draft TRANSFER to the SELLER at
notice to complete within 10 BUSINESS DAYS (excluding the
least 10 BUSINESS DAYS before the AGREED COMPLETION
date on which the notice is given) making time of the essence.
DATE and the engrossment (signed as a deed by the BUYER
G7.2 The person giving the notice must be READY TO COMPLETE.
if CONDITION G5.2 applies) five BUSINESS DAYS before that date or (if later) two BUSINESS DAYS after the draft has been approved by the SELLER; and (b) the SELLER must approve or revise the draft TRANSFER within five BUSINESS DAYS of receiving it from the BUYER. G5.2 If the SELLER has any liability (other than to the BUYER) in relation to the LOT or a TENANCY following COMPLETION, the BUYER is specifically to covenant in the TRANSFER to indemnify the SELLER against that liability. G5.3 The SELLER cannot be required to TRANSFER the LOT to anyone other than the BUYER, or by more than one TRANSFER. G5.4 Where the SPECIAL CONDITIONS state that the SELLER is to grant a new lease to the BUYER (a) the CONDITIONS are to be read so that the TRANSFER refers to the new lease, the SELLER to the proposed landlord and the BUYER to the proposed tenant; (b) the form of new lease is that described by the SPECIAL CONDITIONS; and (c) the SELLER is to produce, at least five BUSINESS DAYS before the AGREED COMPLETION DATE, the engrossed counterpart lease, which the BUYER is to sign and deliver to the SELLER on COMPLETION.
G7.3 If the BUYER fails to comply with a notice to complete the SELLER may, without affecting any other remedy the SELLER has: (a) terminate the CONTRACT; (b) claim the deposit and any interest on it if held by a stakeholder; (c) forfeit the deposit and any interest on it; (d) resell the LOT; and (e) claim damages from the BUYER. G7.4 If the SELLER fails to comply with a notice to complete the BUYER may, without affecting any other remedy the BUYER has: (a) terminate the CONTRACT; and (b) recover the deposit and any interest on it from the SELLER or, if applicable, a stakeholder.
G8 If the CONTRACT is brought to an end If the CONTRACT is lawfully brought to an end: (a) the BUYER must return all papers to the SELLER and appoints the SELLER its agent to cancel any registration of the CONTRACT; and (b) the SELLER must return the deposit and any interest on it to the BUYER (and the BUYER may claim it from the stakeholder, if applicable) unless the SELLER is entitled to forfeit the deposit under CONDITION G7.3.
G6 COMPLETION
G9 LANDLORD’S LICENCE
G6.1 COMPLETION is to take place at the offices of the SELLER’S
G9.1 Where the LOT is or includes leasehold land and licence
conveyancer, or where the SELLER may reasonably require, on the AGREED COMPLETION DATE. The SELLER can only be required to complete on a BUSINESS DAY and between the hours of 0930 and 1700. G6.2 The amount payable on COMPLETION is the balance of the PRICE adjusted to take account of apportionments plus (if applicable) VAT and interest, but no other amounts unless specified in the SPECIAL CONDITIONS. G6.3 Payment is to be made in pounds sterling and only by (a) direct TRANSFER from the BUYER’s conveyancer to the SELLER’S conveyancer; and (b) the release of any deposit held by a stakeholder or in such other manner as the SELLER’S conveyancer may agree. G6.4 Unless the SELLER and the BUYER otherwise agree, COMPLETION cannot take place until both have complied with the obligations under the CONTRACT that they are obliged to
to assign or sublet is required this CONDITION G9 applies. G9.2 The CONTRACT is conditional on that licence being obtained, by way of formal licence if that is what the landlord lawfully requires. G9.3 The AGREED COMPLETION DATE is not to be earlier than the date five BUSINESS DAYS after the SELLER has given notice to the BUYER that licence has been obtained (“licence notice”). G9.4 The SELLER must (a) use all reasonable endeavours to obtain thelicence at the SELLER’S expense; and (b) enter into any Authorised Guarantee Agreement(“AGA”) properly required (procuring a guarantee ofthat AGA if lawfully required by the landlord). G9.5 The BUYER must promptly (a) provide references and other relevant information; and (b) comply with the landlord’s lawful requirements.
comply with prior to COMPLETION, and the amount payable
G9.6 If within three months of the CONTRACT DATE (or such longer
on COMPLETION is unconditionally received in the SELLER’S
period as the SELLER and BUYER agree) the SELLER has not given
conveyancer’s client account or as otherwise required by the
licence notice to the BUYER the SELLER or the BUYER may (if not
terms of the CONTRACT.
then in breach of any obligation under this CONDITION G9) by
G6.5 If COMPLETION takes place after 1400 hours for a reason other than the SELLER’S default it is to be treated, for the purposes of apportionment and calculating interest, as if it had taken place on the next BUSINESS DAY.
notice to the other terminate the CONTRACT at any time before the SELLER has given licence notice. That termination is without prejudice to the claims of either SELLER or BUYER for breach of this CONDITION G9.
G6.6 Where applicable the CONTRACT remains in force following COMPLETION.
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G10 INTEREST AND APPORTIONMENTS
G11.6 If those ARREARS are not OLD ARREARS the SELLER is
G10.1 If the ACTUAL COMPLETION DATE is after the AGREED
those ARREARS.
COMPLETION DATE for any reason other than the SELLER’S default the BUYER must pay interest at the INTEREST RATE on the money due from the BUYER at COMPLETION for the period starting on the AGREED COMPLETION DATE and ending on the ACTUAL COMPLETION DATE. G10.2 Subject to CONDITION G11 the SELLER is not obliged to apportion or account for any sum at COMPLETION unless the SELLER has received that sum in cleared funds. The SELLER must promptly pay to the BUYER after COMPLETION any sum to which the BUYER is entitled that the SELLER subsequently receives in cleared funds. G10.3 Income and outgoings are to be apportioned at the ACTUAL COMPLETION DATE unless: (a) the BUYER is liable to pay interest; and (b) the SELLER has given notice to the BUYER at any time up to COMPLETION requiring apportionment on the date from which interest becomes payable by the BUYER; in which event income and outgoings are to be apportioned on the date from which interest becomes payable by the BUYER. G10.4 Apportionments are to be calculated on the basis that: (a) the SELLER receives income and is liable for outgoings for the whole of the day on which apportionment is to be made; (b) annual income and expenditure accrues at an equal daily rate assuming 365 days in a year (or 366 in a leap year), and income and expenditure relating to some other period accrues at an equal daily rate during the period to which it relates; and (c) where the amount to be apportioned is not known at COMPLETION apportionment is to be made by reference to a reasonable estimate and further payment is to be made by SELLER or BUYER as appropriate within five BUSINESS DAYS of the date when the amount is known. G10.5 If a payment due from the BUYER to the SELLER on or after COMPLETION is not paid by the due date, the BUYER is to pay interest to the SELLER at the INTEREST RATE on that payment from the due date up to and including the date of payment.
G11 ARREARS Part 1 – Current rent G11.1 “Current rent” means, in respect of each of the TENANCIES subject to which the LOT is sold, the instalment of rent and other sums payable by the tenant on the most recent rent payment date on or within four months preceding COMPLETION. G11.2 If on COMPLETION there are any ARREARS of current rent the BUYER must pay them, whether or not details of those ARREARS are given in the SPECIAL CONDITIONS.
to assign to the BUYER all rights that the SELLER has to recover Part 3 – BUYER not to pay for ARREARS G11.7 Part 3 of this CONDITION G11 applies where the SPECIAL CONDITIONS (a) so state; or (b) give no details of any ARREARS. G11.8 While any ARREARS due to the SELLER remain unpaid the BUYER must: (a) try to collect them in the ordinary course of management but need not take legal proceedings or forfeit the TENANCY; (b) pay them to the SELLER within five BUSINESS DAYS of receipt in cleared funds (plus interest at the INTEREST RATE calculated on a daily basis for each subsequent day’s delay in payment); (c) on request, at the cost of the SELLER, assign to the SELLER or as the SELLER may direct the right to demand and sue for OLD ARREARS, such assignment to be in such form as the SELLER’S conveyancer may reasonably require; (d) if reasonably required, allow the SELLER’S conveyancer to have on loan the counterpart of any TENANCY against an undertaking to hold it to the BUYER’s order; (e) not without the consent of the SELLER release any tenant or surety from liability to pay ARREARS or accept a surrender of or forfeit any TENANCY under which ARREARS are due; and (f) if the BUYER disposes of the LOT prior to recovery of all ARREARS obtain from the BUYER’S successor in title a covenant in favour of the SELLER in similar form to part 3 of this CONDITION G11. G11.9 Where the SELLER has the right to recover ARREARS it must not without the BUYER’S written consent bring insolvency proceedings against a tenant or seek the removal of goods from the LOT.
G13 RENT DEPOSITS G13.1 Where any TENANCY is an assured shorthold TENANCY, the SELLER and the BUYER are to comply with their respective statutory duties in relation to the protection of tenants’ deposits, and to demonstrate in writing to the other (before COMPLETION, so far as practicable) that they have complied. G13.2 The remainder of this CONDITION G13 applies where the SELLER is holding or otherwise entitled to money by way of rent deposit in respect of a TENANCY. In this CONDITION G13 “rent deposit deed” means the deed or other DOCUMENT under which the rent deposit is held. G13.3 If the rent deposit is not assignable the SELLER must on COMPLETION hold the rent deposit on trust for the BUYER and, subject to the terms of the rent deposit deed, comply at the cost
G11.3 Parts 2 and 3 of this CONDITION G11 do not apply
of the BUYER with the BUYER’s lawful instructions.
to ARREARS of current rent.
G13.4 Otherwise the SELLER must on COMPLETION pay and
Part 2 – BUYER to pay for ARREARS
assign its interest in the rent deposit to the BUYER under an
G11.4 Part 2 of this CONDITION G11 applies where the SPECIAL
assignment in which the BUYER covenants with the SELLER to:
CONDITIONS give details of ARREARS.
(a) observe and perform the SELLER’s covenants and conditions
G11.5 The BUYER is on COMPLETION to pay, in addition to any other money then due, an amount equal to all ARREARS of which details are set out in the SPECIAL CONDITIONS.
in the rent deposit deed and indemnify the SELLER in respect of any breach; (b) give notice of assignment to the tenant; and (c) give such direct covenant to the tenant as may be required by the rent deposit deed.
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G14 VAT
G16 CAPITAL ALLOWANCES
G14.1 Where a SALE CONDITION requires money to be paid
G16.1 This CONDITION G16 applies where the SPECIAL
or other consideration to be given, the payer must also pay any
CONDITIONS state that there are capital allowances available
VAT that is chargeable on that money or consideration, but only
in respect of the LOT.
if given a valid VAT invoice.
G16.2 The SELLER is promptly to supply to the BUYER all
G14.2 Where the SPECIAL CONDITIONS state that no VAT
information reasonably required by the BUYER in connection
OPTION has been made the SELLER confirms that none has
with the BUYER’S claim for capital allowances.
been made by it or by any company in the same VAT group
G16.3 The value to be attributed to those items on which capital
nor will be prior to COMPLETION.
G15 TRANSFER AS A GOING CONCERN G15.1 Where the SPECIAL CONDITIONS so state: (a) the SELLER and the BUYER intend, and will take all practicable steps (short of an appeal) to procure, that the sale is treated as a TRANSFER of a going concern; and (b) this CONDITION G15 applies. G15.2 The SELLER confirms that the SELLER: (a) is registered for VAT, either in the SELLER’S name or as a member of the same VAT group; and (b) has (unless the sale is a standard-rated supply) made in relation to the LOT a VAT OPTION that remains valid and will not be revoked before COMPLETION. G15.3 The BUYER confirms that (a) it is registered for VAT, either in the BUYER’S name or as a member of a VAT group; (b) it has made, or will make before COMPLETION, a VAT OPTION in relation to the LOT and will not revoke it before or within three months after COMPLETION; (c) article 5(2B) of the Value Added Tax (Special Provisions) Order 1995 does not apply to it; and (d) it is not buying the LOT as a nominee for another person. G15.4 The BUYER is to give to the SELLER as early as possible before the AGREED COMPLETION DATE evidence (a) of the BUYER’S VAT registration; (b) that the BUYER has made a VAT OPTION; and
allowances may be claimed is set out in the SPECIAL CONDITIONS. G16.4 The SELLER and BUYER agree: (a) to make an election on COMPLETION under Section 198 of the Capital Allowances Act 2001 to give effect to this CONDITION G16; and (b) to submit the value specified in the SPECIAL CONDITIONS to HM Revenue and Customs for the purposes of their respective capital allowance computations.
G17 MAINTENANCE AGREEMENTS G17.1 The SELLER agrees to use reasonable endeavours to TRANSFER to the BUYER, at the BUYER’s cost, the benefit of the maintenance agreements specified in the SPECIAL CONDITIONS. G17.2 The BUYER must assume, and indemnify the SELLER in respect of, all liability under such agreements from the ACTUAL COMPLETION DATE.
G18 LANDLORD AND TENANT ACT 1987 G18.1 This CONDITION G18 applies where the sale is a relevant disposal for the purposes of part I of the Landlord and Tenant Act 1987. G18.2 The SELLER warrants that the SELLER has complied with sections 5B and 7 of that Act and that the requisite majority of qualifying tenants has not accepted the offer.
G19 SALE BY PRACTITIONER
(c) that the VAT OPTION has been notified in writing to HM
G19.1 This CONDITION G19 applies where the sale is by a
Revenue and Customs; and if it does not produce the
PRACTITIONER either as SELLER or as agent of the SELLER.
relevant evidence at least two BUSINESS DAYS before the
G19.2 The PRACTITIONER has been duly appointed and is
AGREED COMPLETION DATE, CONDITION G14.1 applies
empowered to sell the LOT.
at COMPLETION.
G19.3 Neither the PRACTITIONER nor the firm or any member
G15.5 The BUYER confirms that after COMPLETION the BUYER
of the firm to which the PRACTITIONER belongs has any personal
intends to
liability in connection with the sale or the performance of the
(a) retain and manage the LOT for the BUYER’S own benefit
SELLER’S obligations. The TRANSFER is to include a declaration
as a continuing business as a going concern subject to and with the benefit of the TENANCIES; and (b) collect the rents payable under the TENANCIES and charge VAT on them. G15.6 If, after COMPLETION, it is found that the sale of the
excluding that personal liability. G19.4 The LOT is sold (a) in its condition at COMPLETION; (b) for such title as the SELLER may have; and (c) with no title guarantee; and the BUYER has no right to terminate
LOT is not a TRANSFER of a going concern then:
the CONTRACT or any other remedy if information provided
(a) the SELLER’s conveyancer is to notify the BUYER’s conveyancer
about the LOT is inaccurate, incomplete or missing.
of that finding and provide a VAT invoice in respect of the sale
G19.5 Where relevant:
of the LOT;
(a) the DOCUMENTS must include certified copies of those under
(b) the BUYER must within five BUSINESS DAYS of receipt
which the PRACTITIONER is appointed, the DOCUMENT
of the VAT invoice pay to the SELLER the VAT due; and
of appointment and the PRACTITIONER’S acceptance of
(c) if VAT is payable because the BUYER has not complied with this CONDITION G15, the BUYER must pay and indemnify the SELLER against all costs, interest, penalties or surcharges
appointment; and (b) the SELLER may require the TRANSFER to be by the lender exercising its power of sale under the Law of Property Act 1925.
that the SELLER incurs as a result.
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G19.6 The BUYER understands this CONDITION G19 and agrees that it is fair in the circumstances of a sale by a PRACTITIONER.
G20 TUPE G20.1 If the SPECIAL CONDITIONS state “there are no employees to which TUPE applies”, this is a warranty by
(b) that attributable service charge expenditure exceeds payments made on account, the BUYER must use all reasonable endeavours to recover the shortfall from the tenant as soon as practicable and promptly pay the amount so recovered to the SELLER; but in respect of payments on account that are still due from a tenant CONDITION G11 (ARREARS) applies.
the SELLER to this effect.
G22.5 In respect of service charge expenditure that is not
G20.2 If the SPECIAL CONDITIONS do not state “there are no
attributable to any TENANCY the SELLER must pay the expenditure
employees to which TUPE applies” the following paragraphs apply: (a) The SELLER must notify the BUYER of those employees whose CONTRACTs of employment will TRANSFER to the BUYER on COMPLETION (the “Transferring Employees”). This notification
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
must be given to the BUYER not less than 14 days before
of the SELLER providing the service charge account to the BUYER.
COMPLETION.
G22.6 If the SELLER holds any reserve or sinking fund on account
(b) The BUYER confirms that it will comply with its obligations under TUPE and any SPECIAL CONDITIONS in respect of the TRANSFERring Employees.
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
(c) The BUYER and the SELLER acknowledge that pursuant and
(b) the BUYER must covenant with the SELLER to hold it
subject to TUPE, the CONTRACTs of employment between
in accordance with the terms of the TENANCIES and
the TRANSFERring Employees and the SELLER will TRANSFER
to indemnify the SELLER if it does not do so.
to the BUYER on COMPLETION. (d) The BUYER is to keep the SELLER indemnified against all liability for the TRANSFERring Employees after COMPLETION.
G23 RENT REVIEWS G23.1 This CONDITION G23 applies where the LOT is sold subject
G21 ENVIRONMENTAL
to a TENANCY under which a rent review due on or before the
G21.1 This CONDITION G21 only applies where the SPECIAL
G23.2 The SELLER may continue negotiations or rent review
CONDITIONS so provide.
proceedings up to the ACTUAL COMPLETION DATE but may
G21.2 The SELLER has made available such reports as the SELLER
not agree the level of the revised rent or commence rent review
has as to the environmental condition of the LOT and has given the
proceedings without the written consent of the BUYER, such
BUYER the opportunity to carry out investigations (whether or not
consent not to be unreasonably withheld or delayed.
the BUYER has read those reports or carried out any investigation)
G23.3 Following COMPLETION the BUYER must complete
and the BUYER admits that the PRICE takes into account the
rent review negotiations or proceedings as soon as reasonably
environmental condition of the LOT.
practicable but may not agree the level of the revised rent
G21.3 The BUYER agrees to indemnify the SELLER in respect of all
without the written consent of the SELLER, such consent not
liability for or resulting from the environmental condition of the LOT.
to be unreasonably withheld or delayed.
G22 SERVICE CHARGE
G23.4 The SELLER must promptly:
G22.1 This CONDITION G22 applies where the LOT is sold subject to TENANCIES that include service charge provisions. G22.2 No apportionment is to be made at COMPLETION in respect of service charges. 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:
ACTUAL COMPLETION DATE has not been agreed or determined.
(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.
(a) service charge expenditure attributable to each TENANCY;
G23.6 When the rent review has been agreed or determined the
(b) payments on account of service charge received from
BUYER must account to the SELLER for any increased rent and
each tenant;
interest recovered from the tenant that relates to the SELLER’s
(c) any amounts due from a tenant that have not been received;
period of ownership within five BUSINESS DAYS of receipt of
(d) any service charge expenditure that is not attributable to any
cleared funds.
TENANCY and is for that reason irrecoverable.
G23.7 If a rent review is agreed or determined before COMPLETION
G22.4 In respect of each TENANCY, if the service charge account
but the increased rent and any interest recoverable from the tenant
shows:
has not been received by COMPLETION the increased rent and any
(a) that payments that the tenant has made on account exceed
interest recoverable is to be treated as ARREARS.
attributable service charge expenditure, the SELLER must pay
G23.8 The SELLER and the BUYER are to bear their own costs
to the BUYER an amount equal to that excess when it provides
in relation to rent review negotiations and proceedings.
the service charge account; or
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G24 TENANCY RENEWALS
G27 REGISTRATION AT THE LAND REGISTRY
G24.1 This CONDITION G24 applies where the tenant under
G27.1 This CONDITION G27.1 applies where the LOT is leasehold
a TENANCY has the right to remain in occupation under part II
and its sale either triggers first registration or is a registrable
of the Landlord and Tenant Act 1954 (as amended) and references
disposition. The BUYER must at its own expense and as soon
to notices and proceedings are to notices and proceedings under
as practicable:
that Act.
(a) procure that it becomes registered at the Land Registry
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 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 the Land Registry relating to the application.
G28 NOTICES AND OTHER COMMUNICATIONS
as interim rent or under the renewed TENANCY) account
G28.1 All communications, including notices, must be in writing.
to the SELLER for the part of that increase that relates to the
Communication to or by the SELLER or the BUYER may be given
SELLER’s period of ownership of the LOT within five BUSINESS
to or by their conveyancers.
DAYS of receipt of cleared funds.
G28.2 A communication may be relied on if:
G24.5 The SELLER and the BUYER are to bear their own costs
(a) delivered by hand; or
in relation to the renewal of the TENANCY and any proceedings
(b) made electronically and personally acknowledged (automatic
relating to this.
acknowledgement does not count); or
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
(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
of the BUYER in relation to the warranty as do not place the
No one is intended to have any benefit under the CONTRACT
SELLER in breach of its terms or expose the SELLER to any
pursuant to the CONTRACTs (Rights of Third Parties) Act 1999.
liability or penalty.
G30 EXTRA GENERAL CONDITIONS
G26 NO ASSIGNMENT G26.1 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.
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Authorisation Form for Bidding by Telephone or Proxy I hereby instruct Nock Deighton (the ‘auctioneers’) to bid on my behalf in accordance with the terms and conditions shown in this agreement. I acknowledge that if my bid is successful I will have entered into a binding contract to purchase the lot and authorise the auctioneers herewith to sign the auction contract on my behalf. NAME TELEPHONE
PROXY
ADDRESS LINE 1
ADDRESS LINE 2
TELEPHONE (Business)
EMAIL ADDRESS
POSTCODE
TELEPHONE (Home)
TELEPHONE (Mobile)
LOT NUMBER
LOT ADDRESS
MAXIMUM BID
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10% DEPOSIT OF MAXIMUM BID
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Conveyancer’s Details NAME
ADDRESS LINE 1
ADDRESS LINE 2
POSTCODE
CONTACT
EMAIL ADDRESS
TELEPHONE
SIGNED
DATE
The completed form must be delivered to the Auction Department, Nock Deighton, Old Smithfield, 34-35 Whitburn Street, Bridgnorth, WV16 4QN or by email to auctions@nockdeighton.co.uk no later than 24 hours prior to the auction with the appropriate payment. If you intend to bid for more than one lot then a separate form for each lot must be completed.
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Terms and Conditions for Bidding by Telephone or Proxy 1. Once the completed form has been sent to the Auction Department of Sheldon Bosley Knight, we will provide details of our client account for you to make a bank transfer of the Bidder Security Deposit £5,000, plus the Buyer’s Premium £1,500 inc VAT. If the total 10% deposit relating to your maximum bid is less than £5,000, then the entire deposit min £2,500 will be transferred. You will only be considered to have registered to bid by telephone or proxy once the completed form has been submitted, payment for the Bidder Security Deposit and Buyer’s
PROOF OF IDENTITY The completed form must be delivered with proofs of identity as detailed in the auction catalogue (copied below). Without these, the auctioneers will be unable to action this bid. In addition to the above terms and conditions the following four apply to telephone bidders only: 1. The auctioneers will attempt to make contact with the bidder on
Premium, and anti-money laundering checks are completed.
the telephone number/s provided but take no responsibility for
You will be notified when you have been accepted as a
the availability, quality or sustainability of ‘the line’. When contact
telephone bidder. If you are unsuccessful in your bid, any
is made a member of the auctioneer’s staff will take bids from the
monies transferred will be refunded into your account by BACS.
bidder and relay them to the auctioneer.
2. If the bidder purchases the lot at less than 10 times the sum
2. If telephone contact is ‘lost’ or a connection cannot be made the
of the deposit provided, the whole of the deposit provided
bidder hereby authorises the auctioneers to bid on his/her behalf
will be used as the deposit payment and an adjustment will be
up to the maximum bid amount shown on the ‘authorisation
made at completion by the seller’s solicitors who will provide
form for Bidding by telephone or proxy’.
a completion statement showing the adjustment.
3. A bidder bidding by telephone may exceed the maximum
3. The bidder is deemed to have inspected the legal pack and
bid amount shown on the ‘authorisation form for bidding by
to have taken all necessary legal and other professional advice
telephone or proxy’ and undertakes to provide the additional
prior to bidding. The bidder is also deemed to have viewed the
deposit funds (the difference between the deposit provided
property (where viewings are made available by the auctioneers).
and 10% of the purchase price) to the auctioneers immediately
4. The bidder is deemed to have full knowledge of the General
post auction.
and Special Conditions of Sale and the Notice to All Prospective
4. The auctioneer reserves the right not to bid on behalf of the
Buyers therein. The bidder is also deemed to have full knowledge
bidder in the event of any uncertainty, error or disagreement
of any addendum produced by the auctioneers at or prior to
and give no guarantee that any bid can be communicated to
the auction. Bidders are advised to check whether any relevant
the auctioneer prior to any other bids made in the saleroom.
addendum has or will be produced, but the auctioneers will not be liable to the bidder if they fail to check.
In addition to the above terms and conditions the following two apply to proxy bidders only:
5. The bidder is deemed to have read the auction catalogue, the auctioneer’s ‘Important Notes For Auction Bidders’ and to be aware of the guide price that the auctioneers are quoting. 6. If the bidder attends the saleroom without having cancelled
1. The auctioneer will make bids for the bidder up to the maximum amount shown on the ‘authorisation form for bidding by telephone or proxy’, but not higher under any circumstances.
this agreement and bids for the lot in person, the auctioneers
2. The auctioneer undertakes with the bidder to make an initial bid
are free to accept such bids in addition to any bids made under
on the bidder’s behalf at a figure no higher than the reserve price
this agreement.
and further undertake to bid incrementally on the bidder’s behalf
7. The auctioneers assume that the bidder is bidding for themselves.
as per other bids made in the saleroom.
If the bidder intends to purchase the lot in a name other than their personal name (and other than as shown on. The ‘authorisation form for Bidding by telephone or proxy’, arrangements must be made with the auctioneers in advance.
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Sale Memorandum SELLER’S NAME
ADDRESS
BUYER’S NAME
ADDRESS
LOT NUMBER
LOT ADDRESS
PRICE (Excluding VAT)
“Buyer’s Premium”: £1250 + VAT (£1,500 inclusive of VAT) (please refer to the Auction Catalogue for buyer’s premium of each lot) payable by the buyer to the auctioneers in addition to ‘The price’
DEPOSIT PAID
DEPOSIT BALANCE
Please indicate if the deposit paid is the full 10% deposit,
This balance is required to be paid into the Nock Deighton Auction
or the bidders security deposit.
Client Account within two days. The buyer acknowledges receipt of the bank details.
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COMPLETION DATE
BALANCE DUE AT COMPLETION
The SELLER agrees to sell and the BUYER agrees to buy the LOT for the PRICE. This agreement is subject to the CONDITIONS so far as they apply to the LOT. This agreement is subject to the auctioneer’s Conditions of Sale, Common Auction Conditions (Edition 4) and General Conditions of Sale (as published in the auction catalogue) and the Special Conditions of Sale (as provided in the Legal Pack and as settled by the seller’s solicitors).
SIGNED BY (US AS AGENT FOR)* THE SELLER
SIGNED BY (US AS AUCTIONEER FOR)* THE BUYER
Delete if signed by the seller/buyer
The Seller’s Conveyancer is NAME
ADDRESS LINE 1
ADDRESS LINE 2
POSTCODE
CONTACT
EMAIL ADDRESS
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TELEPHONE
nockdeighton.co.uk
The Buyer’s Conveyancer is NAME
ADDRESS LINE 1
ADDRESS LINE 2
POSTCODE
CONTACT
EMAIL ADDRESS
nockdeighton.co.uk
TELEPHONE
39
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