Terms and Conditions
Notice To All Bidders and Terms
and Conditions for Remote Bidding
1. Please note the General Conditions of Sale at the back of this catalogue.
2. It will be assumed that all prospective purchasers have inspected the properties in which they are interested and have made the usual and necessary surveys and enquiries and bid solely as a result of such inspections, surveys and enquiries and not in reliance upon any representations or warranty whether written or implied and made by us on behalf of the Seller.
3. The successful bidder is under binding Missives as soon as the Auctioneer’s hammer falls on his/her bid.
4. PROXY BIDDING: To be able to bid by proxy, the required pre-sale deposit payment is 10% of your maximum bid price, subject to a minimum of £3,000, unless the Guide Price of the Lot is less than £3,000, in which case the minimum deposit is £1,000. If you are the successful bidder this amount will be your successful bid deposit otherwise it will be refunded. If you wish to bid on more than one Lot, a separate pre-sale deposit is required for each Lot.
INTERNET AND TELEPHONE BIDDING: Pre-sale deposit – To be able to bid on the internet and by telephone on any Lot with a guide price of £3,000 or greater we require a pre-sale deposit payment of £3,000. If the guide price is below £3,000 we require a pre-sale deposit of £1,000. If you are the successful bidder this amount forms part of the successful bid deposit otherwise it will be refunded. If you wish to bid on more than one Lot only one pre-sale deposit is required. Successful bid deposit – A non-refundable 10% deposit (minimum £3,000 or the full value of the Lot whichever is the lower) on all successful bids must be paid by online transfer, cheque or bankers draft (made payable to SVA Property Auctions Ltd) on the day of the sale. The pre-sale deposit from the successful bidder will form part of this payment.
Please see our Notice to all Bidders and Terms and Conditions for Remote Bidding and our General Conditions of Sale for further details. Please note we do not accept any form of credit or debit card and we are now not able to accept cash deposits.
5. All maps and plans are reproduced for the convenience of purchasers and do not form part of any contract.
Reproduced from the Ordnance Survey Maps by permission of the Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office © Crown Copyright, All rights reserved ES027129.2000 and also from Prodat Systems plc under Promap Licence Agreement SVAPRO.
6. Although it is not specifically intended to sell any Lots prior to the Auction, prospective purchasers are advised to check with the Auctioneers on the day prior to the sale that any Lot or Lots in which they are interested will still be offered.
7. This catalogue does not constitute any part of any offer or contract and all statements contained herein as to the Lots are made without responsibility and are not to be relied on as statements or representation of fact and neither SVA Property Auctions Ltd nor the Seller make any representations or warranty whatsoever in relation to the Lots. Any intending purchaser must satisfy himself/herself by inspection or otherwise as to the correctness of each of the statements contained in this catalogue.
8. In some instances letters, colour and hatching referred to in the Special Conditions of Sale may be omitted from the catalogue plans. Accurate lettering, servitude rights, etc. will be shown on the plans available from the offices of the solicitors, representing the Sellers.
9. The particulars contained in this brochure were prepared during January and February 2021 with the exception of any Lots being re-offered or when information is supplied by the various Joint Agents, Seller’s Solicitors or their agents.
10. Where possible Post Codes have been included as part of the address for each lot. The Post Codes are included only to assist interested parties in locating the Lots. Please note that, strictly speaking, Post Codes are only allocated to property to which there is a postal delivery and due to the nature of some Lots we have had to try and identify the nearest relevant postal address. In the circumstances no guarantee is given as to the accuracy or otherwise of the Post Codes in the brochure or whether they will be acceptable to the Keeper when recording a Title.
11. This catalogue contains details about properties being sold at auction. Those details are subject to change up to and including the day of the auction. Please check our website regularly at: www.sva-auctions.co.uk and/or contact us by email at firstname.lastname@example.org to obtain any updates/errata relating to any lots in which you may have an interest. Also look out for any additional material made available post publication of the auction brochure, in order to stay fully informed with the up to date information.
12. Reserve Price: The seller’s minimum acceptable price at auction and the figure below which the auctioneer cannot sell. It is the figure that bidding must reach before the auctioneer can sell the property in the room. The reserve price is not disclosed and remains confidential between the seller and the auctioneer. The reserve price for any lot is not usually set until just prior to the auction and can be subject to change up to and including the day of the auction. A change in a reserve price may also lead to a change in the published guide price.
13. Guide Price: The guide price or a guide price range is given by the auctioneers as a guide as to how much the property is expected to achieve at auction and to assist potential bidders in deciding whether or not to pursue a purchase. It is usual, but not always the case, that a guide price or guide price range is agreed between the seller and the auctioneer at the start of marketing. The guide price can be adjusted by the seller at any time up to and including the day of the auction and typically might be adjusted during the marketing period in the light of interest shown in the property The guide price (or guide price range) is usually an indication of the minimum price at which the seller might be prepared to sell. The last published guide price will normally be at or above any reserve price, unless the seller fixes the final reserve just before bidding commences. A guide price is different to a reserve price (see 12 above). The guide price can be subject to change up to and including the day of the auction and any last minute changes will be notified from the rostrum before bidding commences.
14. Money Laundering Regulations
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer Regulations 2017 (the “Regulations”)
To comply with the above, successful bidders are required to provide SVA Property Auctions Ltd with proof of identity and proof of current residential address by producing the following documents prior to signing the bidders form and signing the legal contract at the auction:
- a photographic ID, such as a current signed passport, new style UK driving licence, UK old style paper driving licence, residential permit issued by the Home Office to EU Nationals on sight of their own country’s passport;
- a utility bill, bank or building society statement, or credit card bill issued within the previous 3 months, providing evidence of residency at the correspondence address.
- If the bidder is acting on behalf of a limited company, the bidder will be required to provide personal proof of name and address as detailed above and in addition:
- copy of the company certificate of incorporation;
- written authority from the company that the bidder has the authority to represent and purchase on behalf of the company at the auction.
Please contact SVA Property Auctions Ltd on email email@example.com should you have any queries regarding this matter.
15. The auction sale, due to the current working environment will be a ‘closed door auction’ and conducted entirely online. Parties intending to bid can use our remote bidding services for proxy, internet and telephone bidding. Our telephone bidding service is limited and will be available only by prior arrangement with SVA Property Auctions, please email firstname.lastname@example.org to arrange. Click here for the Remote Bidding Form. You should complete and sign the Remote Bidding Form ticking the service you wish to use and ensure that the form, along with the required deposit and identification documents arrive with SVA Property Auctions Ltd no later than 12 noon 23 March 2021, using one of the following methods: Email: email@example.com or by post or hand delivered to : SVA Property Auctions Ltd, 13 Great King Street, Edinburgh EH3 6QW. Please note you will be required to complete a separate form for each Lot you wish to bid on.
Your instruction/registration to bid should be submitted along with the required deposit in the form of a bank transfer into our client account (preferred option), cheque or bankers draft – payable to SVA Property Auctions Ltd. Our bank account details will be provided upon receipt of your signed remote bidding form and satisfactory identification. Bank transfers must be visible in our account 24 hours prior to the auction date for your bid to be accepted.
16. PROXY BIDDING: The required deposit payment is 10% of your maximum bid price (subject to a minimum of £3,000), unless the Guide Price of the Lot is less than £3,000, in which case the minimum deposit is £1,000. The Auctioneer will bid on your behalf against any other remote bidder(s) to the limit of our instructions/bid. You must state the maximum proxy bid price to which the auctioneer is authorised to bid on your behalf and this amount must be an exact figure. For example, the wording such as ‘£100 over the highest bid in the room’ will not be accepted. SVA Property Auctions Ltd reserve the right not to bid on behalf of proxy bidders should there be any error, confusion (either apparent or otherwise) in respect of the instructions or accompanying deposit payment. If you are the successful bidder, and your deposit for the Lot is greater than 10% of the actual purchase price (plus VAT if applicable) then the surplus deposit will generally be deducted from the balance due on completion. Only in the event of a successful bid being for less than £1,000 will a refund of any surplus deposit funds be made and that refund will be only to reflect the surplus deposit above the purchase price. Proxy bidders must appreciate that due to the nature of the bidding they may not be the successful buyer when the sale price is at their maximum bid price as we may have reached the limit of their instructions before the final bid.
17. INTERNET BIDDING: The required deposit payment is £3,000, unless the intention is to bid only on Lots with Guide Prices of less than £3,000, in which case the minimum deposit is £1,000. This is a lump sum deposit payment to cover any number of Lots the bidder intends to bid on. If you are the successful bidder, and your deposit does not match your bid i.e. 10% of your bid (subject to a minimum deposit of £1,000/£3,000) plus VAT if applicable, you will be required to immediately pay the difference between 10% of the actual purchase price (plus VAT if applicable) of any and all Lots bought and the deposit amount you paid before bidding. If you are the successful bidder, and your deposit for the Lot is greater than 10% of the actual purchase price (plus VAT if applicable) then the surplus deposit will generally be deducted from the balance due on completion. Only in the event of a successful bid being for less than £1,000 will a refund of any surplus deposit funds be made and that refund will be only to reflect the surplus deposit above the purchase price. Internet bidding will require an additional pre-authorisation via Essential Information Group (EIG) who will run this service on our behalf. This authorisation will be via an email that will be sent to you for you to validate and register on their website. Please be assured that all information stored is strictly confidential. There is no charge for this remote bidding service and it is provided by EIG/SVA Property Auctions Ltd ‘as is’ and ‘when is’ available only. The provision of an internet bidding service is not guaranteed. Such services may not be continuous and may be interrupted by factors within or outside of our control. The remote bidder accepts that access to EIG services (whether the website, via the Auctioneer’s website (if applicable) or the services or access to a particular lot) may be withdrawn at any time. Users must make alternative provision for making bids prior to the sale and must not rely on and are not entitled to rely on the services or the use of the Auctioneers site to make bids. The remote bidder accepts that SVA Property Auctions Ltd and EIG will not be held responsible for any bid that fails to be received or is delayed or where the bid is made in error.
18. TELEPHONE BIDDING: The required deposit payment is £3,000, unless the intention is to bid only on Lots with Guide Prices of less than £3,000, in which case the minimum deposit is £1,000. This is a lump sum deposit payment to cover any number of Lots the bidder intends to bid on. If you are the successful bidder, and your deposit does not match your bid i.e. 10% of your bid (subject to a minimum deposit of £1,000/£3,000) plus VAT if applicable, you will be required to immediately pay the difference between 10% of the actual purchase price (plus VAT if applicable) of any and all Lots bought and the deposit amount you paid before bidding. If you are the successful bidder, and your deposit for the Lot is greater than 10% of the actual purchase price (plus VAT if applicable) then the surplus deposit will generally be deducted from the balance due on completion. Only in the event of a successful bid being for less than £1,000 will a refund of any surplus deposit funds be made and that refund will only be to reflect the surplus deposit above the purchase price. Telephone bidders will be contacted from the auction room just prior to the Lot being offered for sale and the bidder may then compete in the bidding through SVA staff. The bidder accepts that such contact is at the bidder’s risk and in the event that the telephone link is not established or breaks down, or there is any error, confusion or disruption (either apparent or otherwise) then the bidder will not be able to take part in the auction.
19. VAT: Where applicable VAT should be added to any Deposit lodged with the Auctioneers, for any Proxy or Internet bid
20. The Remote Bidding Form is downloadable from the SVA Property Auctions website – www.sva-auctions.co.uk
21. No liability will be accepted whatsoever for a bid not being made, whether through non completion of bidder’s registration, late arrival or non-delivery of a remote bidding form or deposit, lack of clarity of instructions or for any other reason whatsoever.
Deposits will be held to order and will be returned to unsuccessful remote bidders within 48 hours of the date of sale or as soon as possible thereafter. However, you should be aware that transfers may take up to 7-10 working days to clear. Cheques will be returned or destroyed, dependent upon instructions received.
All prudent prospective purchasers are strongly advised to contact SVA Property Auctions Ltd to confirm we have received the bidding authorisation paperwork and cleared funds for the deposit payment.
Any agreement to alter a remote bidding form at any time prior to or on the day of the auction must be in writing and acknowledged in writing by SVA Property Auctions Ltd. If any alteration to the bid documentation is received after 1pm on the day before the auction SVA Property Auctions Ltd cannot guarantee any amendment will be made, it is the bidder’s responsibility to ensure we have all the correct information by the above deadline.
All remote bidders accept that their offer is legally binding and that if the hammer falls at their final bid then the Auctioneer has full legal power to sign the contracts on their behalf providing for completion in accordance with the Special Conditions of Sale as applicable to that lot. The remote bidder will be deemed to have carried out their due diligence with respect to the lot details and legal pack information (including any special conditions of sale) prior to registering their bid. They are responsible for ensuring they are aware of any late amendments to either the property details or the associated legal pack. Auction errata will be updated on the SVA Property Auctions Ltd website: www.sva-auctions.co.uk In the event of a major amendment being necessary, and the Auctioneers not receiving any further instructions from a proxy bidder, the Auctioneers reserve the right not to bid on their behalf.
Bidders are strongly advised to contact SVA Property Auctions Ltd by email – firstname.lastname@example.org on the morning of the auction between 9am and 10am to ensure that there are no late amendments with respect to property details/legal pack.
PLEASE NOTE: THE AUCTIONEER’S DECISION IS FINAL.
General Conditions of Sale
1. Reservation of Right to Withdraw the Lot
The Seller reserves to itself the following rights:-
1.1 to withdraw any Lot from the sale, and
1.2 to consolidate two or more Lots into one.
2. Reserve Price
There will be an undisclosed reserve price.
The person offering the reserve price, or if there be more offers than one, the highest Offeror, shall be preferred to the purchase (the “Offeror”). In the event of competition, each offer after the first shall exceed the immediately preceding offer by at least such sum as shall from time to time be prescribed by the Judge of the Roup. On the Lot being knocked down, the successful Offeror must, on being asked by the Judge of the Roup or his Clerk, give his name and address or name and address of the person on whose behalf he has been bidding (“the Purchaser”) and in default the Judge of the Roup shall be entitled to resubmit the Lot for sale. The successful Offeror shall be required to subscribe a Minute of Preference and Enactment and shall become bound and obliged for the sum offered by him, whether he has signed the Minute of Preference and Enactment or not, upon the General and Special Conditions. The Seller reserves the right to bid by itself or by the Auctioneer up to the reserve price.
A minimum deposit of either £3,000 or ten percent of the purchase price whichever is the greater shall be paid by either the Offeror or the Purchaser to the Auctioneers, SVA Property Auctions Ltd, as Agents for the Seller and stakeholders between the parties. In the event that the total purchase price is £3,000 or less, the minimum deposit is £1,000. If the Offeror or the Purchaser shall fail to make the deposit the Judge of Roup may resell the Lot or require the immediately preceding Offeror to complete the purchase at his last offer without prejudice to the Seller’s right to claim damages against the Purchaser for his failure. If a cheque given for the payment of the deposit is dishonoured on presentation or if the Purchaser fails to pay such a deposit the Seller may treat such dishonour or failure as a repudiation of the Contract without prejudice to the Seller’s right to claim damages for repudiation of the contract against the Purchaser. The Judge of the Roup reserves the right to hold the Minute of Preference and Enactment signed by him on behalf of the Seller until the cheque given for payment of the deposit has been cleared.
5. Date of Entry and Payment of Balance of Purchase Price
Unless otherwise stated in the Special Conditions of Sale, the Purchaser’s Date of Entry shall be shall be the twenty first April, Two Thousand and Twenty One, when the purchase price plus any Value Added Tax due thereon less the deposit shall be paid and the Purchaser shall in writing authorise the release of the deposit to the Seller. For the avoidance of doubt, payment of the balance of the purchase price plus any Value Added Tax due thereon together with such written authorisation on the Date of Entry is an essential condition of the contract. Consignation of the balance of the purchase price plus any Value Added Tax due thereon in bank and joint names will not be competent. In the event of non-payment of the balance of the purchase price plus any Value Added Tax due thereon on the due date, interest will be payable thereon at a rate of 5 per cent above the base rate of the Royal Bank of Scotland plc from the Date of Entry until paid. Notwithstanding the foregoing, in the event that the balance of the purchase price plus any Value Added Tax due thereon together with the interest thereon is not paid or such written authorisation is not issued in either case within 14 days after the Date of Entry, the Seller will be entitled to resile from the contract without liability and in such circumstances, the Purchaser’s deposit will be held to be forfeit without prejudice to the Seller’s right to claim damages for all the loss suffered as a result of the repudiation of the contract by the Purchaser so far as such loss exceeds the deposit forfeited by the Purchaser.
The Purchaser shall make his own arrangements for insurance of the Lot with effect from the date of the subscription of the Minute of Preference and Enactment and the Seller will be under no liability as from said date for the destruction or partial destruction of the Lot from whatsoever cause. The Purchaser will be bound to proceed with the purchase of the Lot notwithstanding damage to or destruction of the Lot from whatever cause.
7. Apportionment of Rents, Rates and Taxes etc.
The Purchaser shall have right to any rentals of the Lot purchased by him applicable to the possession from and after the Date of Entry and rates, taxes and other burdens shall be apportioned as at the Date of Entry.
The title will be taken as it stands and the Purchaser shall be taken bound to have satisfied himself; (i) as to the validity and sufficiency of the title, including any plans and bounding description; (ii) as to the Seller’s right to the Lot and its power to sell same and (iii) that there is no conflict between the extent of the Lot and any registered cadastral units. Without prejudice to the foregoing or to any other General or Special Conditions of Sale the Purchaser will be bound to accept the title subject to such encumbrances (as defined in section 9 of the Land Registration etc. (Scotland) Act 2012, caveats (as defined in Part 6 of the Land Registration etc. (Scotland) Act 2012, burdens, rights of pre-emption and restrictions on use as are contained in the title and will be bound to comply therewith or obtain waivers thereof all at his own expense.
The Lot will be sold under burden of any servitudes and rights of wayleaves for laying and maintaining sewers, drains, pipes, cables, telegraph and telephone poles, wires and stays that may be laid in through or across the Lot. The Purchaser shall satisfy himself as to the existence of any sewers, drains, pipes, cables, telegraph and telephone poles, wires and stays and shall free and relieve the Seller of all claims and liability of every kind in respect of any future interference with the said sewers and others due to his operations in erecting buildings on the Lot or otherwise.
No Searches, legal reports or plans reports will be exhibited or delivered. Unless otherwise provided for in any Special Conditions of Sale, the Seller will not apply for any advance notice, and no letter of obligation will be granted by the Seller’s solicitors. However, the Seller will be responsible for the discharge of any recorded standard securities affecting the Lot that are disclosed to it by the Purchaser prior to the Date of Entry.
11. “Tantum et Tale” Clause
The Lot is exposed tantum et tale as it exists and with no warranty as to description, extents, boundaries, advertisements, accommodation, rentals, rateable value, payments, leases, burdens, servitudes, rights of way, wayleaves, building warrants, certificates of completion, planning or any orders, regulations or notices made or issued by an authority or any particulars, plans or information given by the Seller or its Agents or any further matter or thing of any kind whatever but the Purchaser admits that he has enquired and satisfied himself on all matters or otherwise he takes all risks. Without prejudice to the foregoing generality, the Seller gives no representation or warranty as to whether the Lot is affected by rights and interests of statutory undertakers including, without prejudice to the said generality, rights and interests in relation to electricity sub-stations, generators and gas governors and that irrespective of whether such rights and interests are held under lease, title, missives or otherwise nor as to the extent to which the Lot is subject to or has the benefit of any leases and other rights of occupancy and possession or other third party interests. For the avoidance of any doubt the cost of implementation of any outstanding statutory notice will be the responsibility of the Purchasers. No warranty is given that the formal documentation in respect of any leases and other rights of occupancy and possession affecting the Lot are available for examination or delivery. Without prejudice to the foregoing or any other General or Special Conditions where a sale induces registration in the Land Register of Scotland the Purchaser shall be bound to accept any existing exclusion of Keeper’s indemnity, or exclusion or limitation of the Keeper’s warranty so long as it is not material.
The minerals will be conveyed only in so far as the Seller has right thereto.
13. Tenant’s and other Claims
The Purchaser shall be bound to relieve the Seller of all claims in any way competent to tenants or others whether such claims arise by agreement or at Common Law or by Statute and of all payments or charges, whether by way of redemption or otherwise or in respect of repairs and whether payable in one sum or by instalments.
14. Judge of Roup
The Judge of Roup shall be the Auctioneer named in any Minute of Preference and Enactment to be annexed hereto and shall have power to determine whatever questions and differences may occur at the Roup between the Seller and the Offeror or among the Offerors themselves in relation to the foresaid Roup, to prefer the highest Offeror and also adjourn the Roup from time to time.
15. Relief against Obligations
The Purchaser shall free and relieve the Seller of all obligations incumbent upon the Seller to construct, uphold and maintain any fences, drains, ditches, water supplies or other works within or connected with the Lot.
16. Value Added Tax
Should VAT be chargeable on the Lot, then the Seller reserves the right to charge VAT in addition to the purchase price.
The Seller will not be responsible for clearing any remaining contents of the Lot.
If any questions shall arise regarding the true meaning and intent of the Articles of Roup or the Minutes of Preference and Enactment or the rights or obligations of the parties under the same or otherwise affecting the Lot every such question shall be submitted on the application of either party to the amicable decision of an arbitrator having experience in residential or commercial property as the case may be to be appointed by the President of the Law Society of Scotland whose decision, award or awards, partial or total, interim and final shall be conclusive and binding on all concerned.
19. Interpretation and Clause Headings
Words importing the masculine gender include the feminine gender and singular includes plural.