Page 35 - Shepherd Commercial Auctions - August 2024

36456 Shepherd Buyers Terms without conditional Oct23.qxp_GP 13/10/2023 12:09 Page 2
SHEPHERD BUYER TERMS (SCOTLAND)
TERMS AND CONDITIONS FOR BIDDING AND BUYING AT AUCTION
9.3.3 Checking any late announcements and
addendum documents; and
9.3.4 Listening carefully to the auctioneer
introducing the auction and the property.
9.4 When you bid, you are taken to have read any late
amendments, addendums, or updates even if you
have not done so. You are deemed to have full
knowledge of any changes made to the
information provided about the lot (including the
legal pack).
9.5 The auctioneer will make announcements at the
start of the auction and it is important that you
listen carefully (as well as taking the steps listed in
9.3). After the initial announcements, the auction
will proceed without delay and the auctioneer will
not describe the properties in detail nor read out
the special conditions or amendments.
10. TAX
10.1 Stamp Duty Land Tax, Land and Buildings
Transaction Tax, VAT, or other charges may apply
to some sales. These costs will not be confirmed
in the legal pack.
10.2 It is your responsibility to make your own
enquiries and seek appropriate advice as to the
possible tax consequences of the sale before you
bid.
10.3 If you withdraw from the sale after you have won
the lot because of tax consequences, you will lose
any deposits or fees paid and the seller may take
legal action against you.
11. THE LOT
11.1 All the statements contained in particulars of sale
or descriptions of the lots in documentation or
given by our employees or agents are made
without responsibility and you must not rely on
them as statements or representations of fact.
They do not represent any warranties whatsoever
in relation to the lots. You must satisfy yourself as
to the accuracy of the particulars before bidding.
11.2 Any suggested rental incomes and yields may be
subject to any necessary energy efficiency
improvements. Properties sold subject to tenancy
require an EPC rating of D or higher. From 31st
March 2025, properties sold subject to tenancy
will need to be at least EPC band C. If the
particulars of sale state that the property is
suitable for investment it will be for the buyer to
ensure that the relevant EPC requirements are
met.
11.3 The lot is sold subject to any tenancies disclosed
in the legal pack or lot description.
11.4 The lot is sold subject to any special conditions
set out in the property description or associated
documentation but otherwise is sold with vacant
possession on completion.
11.5 All measurements quoted in descriptions of the
lot are approximate. You must verify the
measurements yourself by visiting the property
and/or commissioning a professional report or
survey.
11.6 All location plans published in the particulars of
sale are subject to copyright and are only
provided to enable prospective purchasers to
locate the property. The plans are not to scale and
are not intended to depict the interest to be sold.
The boundary lines and numbers on the plans or
photographs are provided only to allow
purchasers to locate the lot and do not depict the
interest to be sold. You must visit the lot and
commission the relevant searches and reports.
11.7 When you bid on a lot you are deemed to have
relied only upon your own knowledge or the
advice of your own professionals or advisors, and
not on the particulars of sale or description or
photographs of the lot.
11.8 All Ordnance Survey maps are reproduced with
the sanction of the Controller of HM Stationery
Office (Crown Copyright Reserved Licence No
LIG0183).
11.9 The services, kitchen and sanitary ware, electrical
appliances and fittings, plumbing and heating
installations (if any) have not been tested by us or
by the seller. Before you bid on a property, you
must undertake your own investigations, reports
and surveys to clarify the suitability and condition
of any such services.
11.10 The lot is also sold subject to the following,
whether or not they are disclosed by the seller or
are apparent from inspection of the lot or from
the documents provided or from the legal pack
or would have been obvious had you acted as a
prudent buyer:
11.10.1 Matters registered or capable of
registration as local land charges;
11.10.2 Matters registered or capable of
registration by any competent authority or
under the provisions of any statute;
11.10.3 Notices, orders, demands, proposals, and
requirements of any competent authority;
11.10.4 Charges, notices, orders, restrictions,
agreements and other matters relating to
town and country planning, highways, or
public health;
11.10.5 Rights, easements, quasi-easements, and
wayleaves;
11.10.6 Outgoings and other liabilities;
11.10.7 Any overriding interest
11.10.8 Matters that ought to be disclosed by the
searches and enquiries a prudent buyer
would make, whether or not you have
made them; and
11.10.9 Anything the seller does not and could not
reasonably know about.
11.11 Where anything subject to which the lot is sold
would expose the seller to liability you are to
comply with it and indemnify the seller against
that liability.
11.12 The seller must notify you of any notices, orders,
demands, proposals, and requirements of any
competent authority of which it learns after the
contract date, but you must comply with them
and keep the seller indemnified.
11.13 The lot does not include any tenant’s or trade
fixtures or fittings. If the special conditions state
that chattels are included, you take them as they
are at completion and the seller is not liable if they
are not fit for use. From 1st April 2022 any new
tenancies will require EPC band D and from 31st
March 2025 all properties will need to have at
least EPC band D.
11.14 You buy with full knowledge of the documents
relating to the lot (whether or not you have read
them) and the condition of the lot (whether or
not you have inspected it and commissioned
appropriate reports and surveys). This is why it is
important that you take the steps set out in 7.2.
11.15 You admit that you are not relying on the
information contained in the particulars of sale or
on any representations made by or on behalf of
the seller, except that you may rely on the seller’s
solicitor/conveyancer’s written replies to written
enquiries to the extent stated in those replies.
11.16 The seller cannot be required to transfer the lot to
anyone other than the buyer.
12. SPECIAL CONDITIONS AND ARTICLES OF
ROUP
12.1 The lots are sold subject to any special conditions
of sale, which are available for inspection at the
office of the seller’s solicitor/conveyancer, our
office, in the auction room, and on our website.
12.2 The lots are sold subject to the Articles of Roup
which are available for inspection at the office of
the seller’s solicitor/conveyancer, our office, in the
auction room, and on our website.
12.3 The Special Conditions may include additional
fees inserted by the seller, and are separate to
those payable to SDL Property Auctions.
12.4 You must view and take into account the special
conditions and Articles of Roup before bidding.
12.5 When you bid, you are taken to have read and
accepted the special conditions and Articles of
Roup, even if you have not done so.
13. 13.1 SALE BEFORE OR AFTER AUCTION
Lots may be sold before the auction.
13.2 If you submit a bid before or after auction and it
is accepted, the same fee and deposit rules apply
as if the lot had been sold at auction.
13.3 To submit a pre-auction bid, you must submit a
formal written offer to us.
13.4 You cannot withdraw a pre or post-auction bid
once a reservation contract has been signed or
contracts of sale have exchanged.
13.5 If you submit a pre or post-auction bid, you are
taken to have undertaken all measures that a
prudent buyer would undertake, including all of
the measures listed in Clause 5.2. If you fail to take
appropriate measures before bidding, you do so
at your own risk. You cannot later withdraw from
the sale without incurring financial consequences.
13.6 We will relay your pre or post-auction bid to the
seller, but we give no guarantees or warranties
regarding the timing of relaying the offer.
13.7 We are not responsible for any of your costs or
losses if a lot you were interested in buying is sold
or withdrawn before auction.
13.8 If your pre or post-auction bid is accepted you
may be asked to pay a ‘closed bid’ online, with the
remainder of the monies owed being paid over
the phone or by bank transfer. We will advise you
of the method of payment required at our
discretion.
13.9 If a pre or post-auction bid is accepted by the
seller, you become liable to pay our fees and any
applicable deposit when a reservation agreement
or contract of sale is signed.
13.10 If a pre or post-auction bid is accepted by the
seller, you must instruct solicitor/conveyancer
within 7 days otherwise we (as agent for the
seller) can treat the contract as at an end or sign
the appropriate documentation (including a
contract of sale or memorandum of sale) on your
behalf. The seller may pursue you for losses and
we may take action against you in respect of
unpaid auction fees.
13.11 Whether the lot is sold before or after auction,
this does not affect the terms of this Agreement.
14. BIDDING
14.1 All bids are made in pounds sterling and are
exclusive of any applicable VAT or other taxes.
14.2 We may refuse to accept a bid without giving a
reason.
14.3 14.4 You cannot withdraw a bid.
By placing a bid, you become personally liable to
fulfil the obligations of the winning bidder as set
out in these terms and conditions, even if you bid
as agent on behalf of somebody else.
14.5 If you bid on behalf of a company, you warrant
that the company is properly constituted and has
the necessary funds to and is able to purchase
the property.
14.6 By placing a bid, you warrant that you have the
necessary funds (or necessary finance) to pay the
purchase price for the property along with the
applicable Buyer’s Fee or Reservation Fee (as
applicable). If you withdraw from the sale due to
lack of funds, you will lose your Reservation Fee,
Buyer’s Fee and deposit.
14.7 To bid remotely (not at the Auction venue in
person), you must successfully complete all
registration steps. Firstly, complete the bidding
form via our website for the lots involved,
complete an identity check, and provide your
payment details to us up front. It is your
responsibility to check that the bidding form
has been received by the auctioneer and this
can be done by phoning the office.
14.8 If you wish to bid by telephone (assuming you
have fully completed the registration steps), just
before the lot is due to be auctioned, attempts
will be made to contact you by telephone. If
successful, you may then compete in the
bidding. You will speak to our staff on the phone,
and your bid will be relayed to the acting
auctioneer in real time through them. You
accept that such contact is at your own risk. If
we cannot make contact with you for
whatever reason, including in the event of
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