Auction Legal Pack Relating To 43 Grantley Street, Grantham, Lincolnshire NG31 6BW

Transcription

1 Auction Legal Pack Relating To 43 Grantley Street, Grantham, Lincolnshire NG31 6BW

2 Dated 01/02/18 AUCTION CONDITIONS (Based on the Common Auction Conditions which are reproduced with the consent of the RICS) IMPORTANT NOTICE A prudent BUYER will, before bidding for a LOT at an AUCTION: Take professional advice from a conveyancer and, in appropriate cases, a chartered surveyor and an accountant Read the CONDITIONS; Inspect the LOT; Carry out usual searches and make usual enquiries; Check the content of all available leases and other DOCUMENTS relating to the LOT; Check that what is said about the LOT in the CATALOGUE is accurate; Have finance available for the RESERVATION FEE, the PURCHASE DEPOSIT and the purchase PRICE; Check whether VAT registration and election is advisable; The CONDITIONS assume that the BUYER has acted like a prudent BUYER. If YOU choose to bid for or buy a LOT without taking these normal precautions YOU do so at YOUR own risk. We strongly advise you to take legal advice on these AUCTION CONDITIONS before bidding on any LOT. GLOSSARY Where the following words printed in bold black type appear in CAPITALS in the AUCTION CONDITIONS they have the meanings stated in this Glossary. Page 1 of 13

3 Wherever it makes sense: singular words can be read as plurals, and plurals as singular words; a 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 RESERVATION CONTRACT DATE (as applicable); and ADDENDUM An amendment or addition to the CONDITIONS or to the PARTICULARS or to both whether contained in the CATALOGUE, or a written notice from the AUCTIONEERS. APPROVED FINANCIAL INSTITUTION Any bank or building society that has signed up to the Banking Code or Business Banking Code or is otherwise acceptable to the AUCTIONEERS. AUCTION The AUCTION advertised in the CATALOGUE. AUCTION CONDITIONS The CONDITIONS so headed, including the RESERVATION CONDITIONS and any extra AUCTION CONDITIONS AUCTIONEERS the auctioneers conducting the AUCTION BUSINESS DAY Any day except (a) a Saturday or a Sunday; (b) a bank holiday in England and Wales; or (c) Good Friday or Christmas Day. BUYER Page 2 of 13

4 The person who agrees to buy the LOT or, if applicable, that person s personal representatives: if two or more are jointly the BUYER their obligations can be enforced against them jointly or against each of them separately. CATALOGUE The CATALOGUE describing the LOT to be sold and to which the CONDITIONS refer including any supplement to it and any ON-LINE website displaying such information. CONDITION One of the AUCTION CONDITIONS or any condition incorporated into the RESERVATION CONTRACT in relation to a LOT. 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. EXCLUSIVITY PERIOD The period of twenty (20) business days (or such other period stated in the RESERVATION CONDITIONS) during which the BUYER has the exclusive right to buy the LOT LOT Each separate property described in the CATALOGUE or (as the case may be) the property that the SELLER has agreed to sell and the BUYER to buy (including chattels, if any). ON-LINE Our website or any other website referred to on it. PARTICULARS The section of the CATALOGUE that contains descriptions of each LOT (as varied by any ADDENDUM). Page 3 of 13

5 PRICE The PRICE that the BUYER agrees to pay for the LOT. PURCHASE DEPOSIT A deposit of such sum as notified by us before the start of the auction paid by the buyer to us to reserve a LOT and in part payment of the PRICE of the LOT. RESERVATION CONDITIONS The conditions binding upon the BUYER and the SELLER in the RESERVATION CONTRACT under which the BUYER is granted an EXCLUSIVITY PERIOD. RESERVATION CONTRACT The RESERVATION CONTRACT by which the SELLER agrees to grant the BUYER an EXCLUSIVITY PERIOD in connection with the purchase of the LOT RESERVATION FEE A non-refundable fee of 4% plus vat subject to a minimum of 5000 plus vat paid by the buyer to us to reserve a LOT. This is in payment of our fees for conducting the auction. RESERVATION FORM The form of RESERVATION CONTRACT which is to be signed by a BUYER and by US (on behalf of the SELLER) reserving the LOT for the EXCLUSIVITY PERIOD. SELLER The person selling the LOT. If two or more persons are jointly the SELLER their obligations can be enforced against them jointly or against each of them separately. VAT Value Added Tax or other tax of a similar nature. WE (and US and OUR) The AUCTIONEERS. Page 4 of 13

6 YOU (and YOUR) Someone who has seen a copy of the CATALOGUE or who bids at the AUCTION, whether or not a BUYER. Page 5 of 13

7 THE AUCTION CONDITIONS A1. Introduction A1.1 Words in CAPITALS have special meanings, which are defined in the Glossary. A1.2 The CATALOGUE is issued only on the basis that YOU accept these AUCTION CONDITIONS. They govern OUR relationship with YOU and cannot be disapplied or varied. A2. OUR role A2.1 As agents for each SELLER WE have authority to: (a) prepare the CATALOGUE from information supplied by or on behalf of each SELLER; (b) offer each LOT for sale; (c) sell each LOT; (d) receive and hold deposits; (e) sign each RESERVATION FORM; and (f) treat a reservation as repudiated if the BUYER fails to sign a RESERVATION FORM or pay a sum of money as required by these AUCTION CONDITIONS. A2.2 OUR decision on the conduct of the AUCTION is final. A2.3 WE may cancel the AUCTION. 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. A3. Bidding and reserve prices A3.1 All bids are to be made in pounds sterling exclusive of any applicable VAT. A3.2 WE may refuse to accept a bid. WE do not have to explain why. Page 6 of 13

8 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. A3.5 Where there is a reserve PRICE the SELLER may bid (or ask US or another agent to bid on the SELLER s 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. A3.6 Where a guide PRICE (or range of PRICEs) is given that guide is the minimum PRICE at which, or range of PRICEs within which, the SELLER might be prepared to sell at the date of the guide PRICE. But guide PRICEs may change. The last published guide PRICE will normally be at or above any reserve PRICE, but not always, as the SELLER may fix the final reserve PRICE just before bidding commences. A4. The PARTICULARS and other information A4.1 WE have taken reasonable care to prepare PARTICULARS that correctly describe each LOT. The PARTICULARS are based on information supplied by or on behalf of the SELLER. YOU need to check that the information in the PARTICULARS is correct. A4.2 If the PARTICULARS do not contain a detailed description of the LOT, or simply refer to the relevant LOT number, YOU take the risk that the description contained in the PARTICULARS is incomplete or inaccurate, as the PARTICULARS have not been prepared by a conveyancer and are not intended to form part of a legal RESERVATION CONTRACT. A4.3 The PARTICULARS may change prior to the AUCTION and it is YOUR responsibility to check that YOU have the correct versions. A4.4 If WE provide information, or a copy of a document, provided by others WE do so only on the basis that WE are not responsible for the accuracy of that information or document. Page 7 of 13

9 A5. The RESERVATION 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 if YOU make the successful bid for a LOT. A5.2 YOU are obliged to enter into a RESERVATION CONTRACT on the terms of the RESERVATION CONDITIONS at the PRICE YOU bid plus VAT (if applicable). A5.3 YOU must immediately: (a) provide all information WE reasonably need from YOU to enable US to complete the RESERVATION FORM (including proof of YOUR identity if required by US); (b) sign the completed RESERVATION FORM; and (c) pay the RESERVATION FEE. A5.4 If YOU do not WE may either: (a) as agent for the SELLER treat that failure as YOUR repudiation of the RESERVATION CONTRACT and offer the LOT for sale again: the SELLER may then have a claim against YOU for breach of RESERVATION CONTRACT; or (b) sign the RESERVATION FORM on YOUR behalf. A5.5 The RESERVATION FEE and PURCHASE DEPOSIT: (a) are to be held as agent for the SELLER, or as stated in the CATALOGUE; and (b) must be paid in pounds sterling by cheque or by bankers draft made payable to US on an APPROVED FINANCIAL INSTITUTION or by a direct transfer from a bank account with an APPROVED FINANCIAL INSTITUTION to a bank account as notified to YOU by US A5.6 WE may retain the RESERVATION FORM signed by or on behalf of the SELLER until the deposit has been received in cleared funds. A5.7 If the BUYER does not comply with its obligations under the AUCTION CONDITIONS or the RESERVATION CONDITIONS then: Page 8 of 13

10 (a) YOU are personally liable to buy the LOT even if YOU are acting as an agent; and (b) YOU must indemnify the SELLER in respect of any loss the SELLER incurs as a result of the BUYER s default. A5.8 Where the BUYER is a company YOU warrant that the BUYER is properly constituted and able to buy the LOT. Page 9 of 13

11 THE RESERVATION CONTRACT R1 Introduction R1.1 Words in capitals have specified meanings, which are defined in the Glossary. R1.2 Where YOU win an auction for a LOT you must sign a RESERVATION FORM, which is a legally binding RESERVATION CONTRACT between the BUYER and SELLER in which the SELLER grants an EXCLUSIVITY PERIOD to the BUYER on the terms set out in the RESERVATION CONTRACT and on the RESERVATION FORM. R2 Payment of the RESERVATION FEE R2.1 The RESERVATION FEE is payable immediately on winning the AUCTION for a LOT. R3 Payment of the PURCHASE DEPOSIT R3.1 The PURCHASE DEPOSIT is payable within two (2) business days of winning an auction for a LOT. R3.2 The PURCHASE DEPOSIT is to be held by US and, following formal exchange of contracts for the sale and purchase of the LOT, transferred to the SELLER S conveyancers as part payment of the PRICE for the purchase of the LOT. R4 The SELLER S obligations R4.1 On the RESERVATION FORM being signed and both the RESERVATION FEE and PURCHASE DEPOSIT being paid, the SELLER will grant to the BUYER a period of exclusivity of twenty (20) business days from the date of the ending of the AUCTION. R4.2 During the EXCLUSIVITY PERIOD the Seller agrees: (a) not to agree another reservation of the LOT; (b) not to encumber or deal with the title to the LOT by way of sale, gift, transfer or mortgage or in any other way; Page 10 of 13

12 (c) to give such access to the property as may be reasonably required by any surveyor or valuer appointed by the BUYER or the BUYER S lender; (d) to instruct the SELLER S conveyancers to issue a contract for the sale of the LOT to the BUYER and to supply all documentation, information and authority to enable the SELLER S conveyancers to draft and negotiate the sale contract and do all work necessary and use all reasonable endeavours to enable contracts for sale of the LOT to be exchanged within the EXCLUSIVITY PERIOD; R4.3 The seller may (but shall not be obliged to) grant an extension of the EXCLUSIVITY PERIOD. Any such extension must be confirmed in writing. R5 The BUYER S obligations R5.1 The BUYER agrees: (a) to use all reasonable endeavours to proceed to a formal exchange of contracts for the purchase of the LOT within the EXCLUSIVITY PERIOD; (b) to immediately instruct conveyancers to investigate title to the LOT, raise enquiries about the LOT and do any other work required to enable contracts for the purchase of the LOT to be exchanged within the EXCLUSIVITY PERIOD; (c) to promptly do everything necessary to arrange finance for the purchase of the LOT. (d) that the date of completion to be specified in the contract exchanged for the purchase of the LOT shall be no later than ten (10) BUSINESS DAYS after the date of exchange of contracts; (e) to pay to US on exchange of contracts the cost of any searches relating to the LOT which may have been incurred by US. (f) that if contracts for the purchase of the LOT have not been exchanged within the EXCLUSIVITY PERIOD the SELLER may immediately re-offer the property for sale. R6 Termination of reservation Page 11 of 13

13 R6.1 except as specified in R6.3, the RESERVATION CONTRACT shall not be capable of termination by the SELLER or the BUYER during the EXCLUSIVITY PERIOD. R6.2 On the expiry of the EXCLUSIVITY PERIOD (or the expiry of any extension granted by the SELLER in writing) if the BUYER has not exchanged contracts to purchase the LOT, the reservation of the LOT shall automatically terminate. R6.3 During the EXCLUSIVITY PERIOD the SELLER may terminate the reservation of the property by written notice to the BUYER if the BUYER is in breach of any of the BUYER S obligations contained in the RESERVATION CONTRACT. R6.4 On the termination of the reservation of the LOT, whether under R6.3 or on the termination of the EXCLUSIVITY PERIOD and subject to R6.5 and R6.6, the RESERVATION FEE and the PURCHASE DEPOSIT will be immediately forfeited and non-refundable to the buyer. R6.5 Provided that the BUYER provides US prior to the ending of the EXCLUSIVITY PERIOD with written evidence that the BUYER is unable to obtain mortgage finance for the purchase of the LOT for some reason connected with the legal title to the LOT other than one related (whether solely or partly) to: the physical state or condition of the LOT; the financial status of the BUYER or anyone acting (or intending to act) as the BUYER S guarantor; the suitability of the LOT for the BUYER S intended use or any other use; the location of the LOT; any actual or proposed development in the area in which the LOT is situated; any matter to which was disclosed to the BUYER prior to the ending of the auction; the PURCHASE DEPOSIT (but not the RESERVATION FEE) shall be returned by US to the BUYER within 5 BUSINESS DAYS of the termination of the EXCLUSIVITY PERIOD. Page 12 of 13

14 R6.6 The written evidence required in R6.5 must consist of a statement signed by a Solicitor experienced in Conveyancing (but not one acting for the BUYER in connection with the purchase of the LOT) that in his/her reasonable professional opinion the legal title to the LOT is not suitable for mortgage purposes in relation to a loan to be provided by a lender who is either a member of the Council of Mortgage Lenders or the Building Societies Association. This agreement has been entered into on the date stated on page 1 Signed by.. ( Name of seller or agent of seller ) Signed by.. (Name of Buyer ) Page 13 of 13

15 PARTICULARS OF SALE BRIEF DESCRIPTION OF THE LOT 43 Grantley Street, Grantham, Lincolnshire NG31 6BW Name of the SELLER BARRY ANTHONY MASON Name, address and reference of the SELLER S Solicitors KEOGHS LLP Title Number LL Registered or unregistered? The Seller s title Registered with Title Number LL Title guarantee Full Title Guarantee INTEREST RATE 4% over Royal Bank of Scotland plc s base rate from time to time COMPLETION 28 days after the date of this Agreement or earlier by agreement VAT If for any reason Value Added Tax is chargeable in respect of the supply constituted by the sale hereunder or any part thereof then the BUYER shall forthwith pay the Value Added Tax due together with all interest and penalties which may be payable thereon. Any such payment shall be made by the BUYER without deduction or set-off thereto or any counterclaim or claim to a lien there over and shall be made in addition to the price. Vacant or let?

16 The lot is sold with vacant possession. What the sale is subject to The matters set out in the GENERAL CONDITIONS (annexed hereto) and the matters contained or referred to in the Property, Proprietorship and Charges Registers (save for any financial charges) of the Seller s registered titles. Where there is a conflict between the GENERAL CONDITIONS and this CONTRACT, this CONTRACT prevails. Amendments to the General Conditions Of Sale The following amendments shall be made to the GENERAL CONDITIONS A new General Condition 7.5 shall be added stating If the SELLER S Solicitors serve a Notice to Complete, the BUYER shall pay the sum of plus VAT for costs relating thereto, such payment to be made within three days of written demand Extra Special Conditions 1. Before the CONTRACT DATE the SELLER gave the BUYER permission and the opportunity, which the BUYER agrees were sufficient for its purposes, to inspect, survey and investigate the condition of the LOT. The BUYER is therefore treated as having formed its own view of the condition of the LOT and its suitability for the BUYER S purpose. 2. Neither damage to nor destruction of the LOT nor any deterioration in its condition entitles the BUYER to reduce the PRICE or refuse to complete this CONTRACT. 3. The LOT is sold subject to :- (i) the incumbrances on the LOT and the BUYER will raise no requisitions on them. (ii) such other incumbrances discoverable by inspection of the LOT or by making a search of a register held by a local or statutory authority (apart from any monetary charge registered at HM Land Registry or HM Land Charges Registry) 4. If the deposit actually paid on exchange of CONTRACTS shall be less than ten per cent of the sale price then notwithstanding the payment of a lesser amount by way of deposit the balance of the ten per cent shall at all times remain due to the SELLER such balance shall be a legal liability of the BUYER to the SELLER as a condition of this CONTRACT. 5. If any provisions of this CONTRACT (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the

17 extent required, be deemed not to form part of this CONTRACT, and the validity and enforceability of the other provisions of this CONTRACT shall not be affected. 6. If a provision of this CONTRACT (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. 7. The BUYER acknowledges and agrees that in entering into this CONTRACT, it does not rely on and shall have no remedy in respect of any statement, representation, warranty, collateral agreement or other assurance (whether negligently or innocently made) of any person (whether party to this contract or not) other than as expressly set out in this CONTRACT or the documents annexed to it or in any written replies which the SELLER'S Solicitors has given to any written enquiries raised by the BUYER'S Solicitors before the date of this CONTRACT. Nothing in this clause shall, however, operate to limit or exclude any liability for fraud. 8. All representations warranties and conditions expressed or implied statutory or otherwise in respect of the LOT or any of the rights title or interests sold or to be procured to be sold are expressly excluded (including without limitation all warranties and conditions as to title, quiet possession and description). The BUYER agrees that the terms and conditions of this CONTRACT, and the exclusions which it contains, are fair and reasonable bearing in mind: (i) that the BUYER will rely absolutely on the BUYER S own opinion and/or professional advice concerning: (a) the terms of this CONTRACT; and (b) the description quality state and condition of the LOT or any rights title or interests sold hereunder and the possibility that some or all of them may have defects not apparent on inspection and examination; (ii) that the BUYER has available to it skilled and professional advice concerning the matters referred to in clause 8(i), and on that basis the BUYER has agreed to purchase the LOT on an as is basis and to enter into this CONTRACT for a consideration calculated to take into account (inter alia) the risk to the BUYER represented by the fact that all the parties believe that all the exclusions and limitations set out in this CONTRACT would be recognised as being fully effective by the courts, the SELLER making it clear that it would not have agreed to sell the same on any other basis except for a much higher consideration (iii) that the BUYER its servants employees agents representatives and advisers have been given every opportunity which might reasonably be expected to examine and inspect the LOT and the title to the LOT (iv) that the SELLER gives no title guarantee and shall be under no obligation to enter into any covenant as to title or any other matter whatsoever 9. This contract is subject to the Common Auction Conditions as set out in the Schedule to this Contract. TRANSFER In a Form to be agreed between the parties Capital Allowances There are none

18 Maintenance Agreement The Seller is not aware of any maintenance agreements Environmental General condition 21 (Environmental) applies. Warranties The following warranties are to be assigned to or held in trust for the BUYER: None Auction Administration Fee The buyer shall pay the auction administration fee for this lot which has been notified to the buyer by the auctioneer.

19 The electronic official copy of the register follows this message. Please note that this is the only official copy we will issue. We will not issue a paper official copy.

20 Title number LL Edition date This official copy shows the entries on the register of title on 01 FEB 2018 at 14:02:33. This date must be quoted as the "search from date" in any official search application based on this copy. The date at the beginning of an entry is the date on which the entry was made in the register. Issued on 01 Feb Under s.67 of the Land Registration Act 2002, this copy is admissible in evidence to the same extent as the original. This title is dealt with by HM Land Registry, Kingston Upon Hull Office. A: Property Register This register describes the land and estate comprised in the title. LINCOLNSHIRE : SOUTH KESTEVEN 1 ( ) The Freehold land shown edged with red on the plan of the above title filed at the Registry and being 43 Grantley Street, Grantham (NG31 6BW). 2 ( ) The land has the benefit of the rights granted by but is subject to the rights reserved by a Conveyance of the land in this title dated 10 January 1963 made between (1) Thomas John Pert and Frank Somerville (Vendors) and (2) John Reginald Doncaster (Purchaser). NOTE: Copy filed. 3 ( ) The Conveyance dated 10 January 1963 referred to above contains a provision as to boundary structures. B: Proprietorship Register This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal. Title absolute 1 ( ) PROPRIETOR: BARRY ANTHONY MASON of 43 Grantley Street, Grantham, Lincolnshire NG31 6BW. 2 ( ) The price stated to have been paid on 23 June 2006 was 92,000. C: Charges Register This register contains any charges and other matters that affect the land. 1 ( ) REGISTERED CHARGE dated 23 June ( ) Proprietor: SANTANDER UK PLC (Co. Regn. No ) of Mortgage Customer Services, Customer Service Centre, Narborough, Leicester LE19 0AL. 1 of 2

21 Title number LL End of register 2 of 2

22 These are the notes referred to on the following official copy The electronic official copy of the title plan follows this message. Please note that this is the only official copy we will issue. We will not issue a paper official copy. This official copy was delivered electronically and when printed will not be to scale. You can obtain a paper official copy by ordering one from HM Land Registry. This official copy is issued on 01 February 2018 shows the state of this title plan on 01 February 2018 at 14:02:34. It is admissible in evidence to the same extent as the original (s.67 Land Registration Act 2002). This title plan shows the general position, not the exact line, of the boundaries. It may be subject to distortions in scale. Measurements scaled from this plan may not match measurements between the same points on the ground. This title is dealt with by the HM Land Registry, Kingston Upon Hull Office.

23 This official copy is incomplete without the preceding notes page.

24 These are the notes referred to on the following official copy Title Number LL The electronic official copy of the document follows this message. This copy may not be the same size as the original. Please note that this is the only official copy we will issue. We will not issue a paper official copy.

25 This official copy is incomplete without the preceding notes page.

26 This official copy is incomplete without the preceding notes page.

27 This official copy is incomplete without the preceding notes page.

28 This official copy is incomplete without the preceding notes page.