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36456 Shepherd Buyers Terms without conditional Oct23.qxp_GP 13/10/2023 12:09 Page 3
SHEPHERD BUYER TERMS (SCOTLAND)
TERMS AND CONDITIONS FOR BIDDING AND BUYING AT AUCTION
innocent mistake, you will not be able to
personally participate in the Auction and we are
not liable to you for any loss of opportunity.
14.9 If you wish to bid by internet (assuming you
have fully completed the registration steps),
after completing the registration steps, you will
be sent a link via email to bid online. You can
then log in and commence bidding when the
intended lot is being offered. We do not
accept any liability for any loss of opportunity
should there be any interruption or suspension
of internet services, which mean you cannot
personally participate in the Auction.
14.10 In the case of written ‘proxy’ bids, the auctioneer’s
staff will compete in the bidding up to the
maximum of the authorisation. If no maximum
is inserted, the auctioneer’s staff will not bid. We
do not guarantee to regulate the bidding so
that the maximum authorised bid actually falls to
the written bidder.
14.11 Once authority to bid has been given, this is
binding on you up to 11pm on the day on
which the particular lot is auctioned. This is
to allow for the possibility of a seller agreeing
to sell post auction where the bidding has not
reached the reserve.
14.12 The authority can only be withdrawn by
written notification via email actually received
us by 5pm the day before the Auction, or
delivered into the hands of the acting
auctioneer in the Auction room half an hour
before the start of that day’s Auction. It is
your responsibility to obtain a receipt of a
copy of the withdrawal notification authorised
by a representative of the Auctioneer. Without
such a receipt, the authority stands, and any
successful contract is binding on you.
14.13 If you submit a bidding form to us, and also bid in
person at the Auction without having
previously withdrawn the bidding form
authority, the auctioneer is at liberty to accept
such bid in addition to any bid from SDL
Property Auctions staff as directed in your
bidding form. This also applies if an agent
bids on your behalf. We accept no liability
whatsoever if the price achieved is the result only
of this competition in bidding, without
intervention from other bidders.
14.14 The receipt of a remote bid shall not in any way
hinder the right of the seller (or auctioneer) to
withdraw any lot or to sell prior to auction to a
third party.
14.15 The auctioneer may disclose to the seller that
a Remote Bid has been entered for the Property,
but not the amount of the maximum bid.
14.16 The auctioneer may reject bids where there is
any error, doubt, omission or uncertainty for any
reason whatsoever. We also will not proceed with
your bid if your instructions or authorisations are
unclear. We accept no liability if we cannot
accept your bid, and give no warranty, or
guarantee, that a bid would be made on your
behalf.
14.17 Neither the seller nor the auctioneer shall be
under any liability to you in the event that the lot
is not offered at the Auction.
14.18 When you make a bid, whether at the auction
venue or remotely, you are deemed to have read
all relevant terms and conditions, the sales
particulars for the lot, and the contents of the
legal pack (including any Special Conditions of
Sale). You shall be deemed to have taken all
necessary professional and legal advice, and to
have made enquiries and have knowledge of
any announcements to be made from the
rostrum and any of the addendum relating to the
relevant lot. The addendum can, and should, be
checked prior to bidding by visiting
the website.
15. THE WINNING BID
15.1 The successful bidder is under a binding contract
to purchase the relevant property when the
auction for the lot comes to an end. For Timed
Auctions conducted online, the timeslot for each
lot will be displayed on the webpage. For Auction
Events, (hosted by a live auctioneer), the auction
for the lot will end on the fall of the auctioneer’s
gavel.
15.2 As soon as the events mentioned in 15.1 (as
appropriate) occur, you are immediately liable to
pay the deposit and applicable fees. You
immediately become responsible for insuring the
property – the property is at your risk from the
moment that you win the bid.
15.3 You must present to us your name and address
on request and, if appropriate, the name and
address of the person or company on whose
behalf you were bidding.
15.4 We reserve the right to require you to provide a
form of ID to us, on request, to hold as security
(e.g.: passport or driving license).
15.5 You will not be entitled to take possession of the
property or have keys to the property until
completion of the sale.
16. 16.1 LEGAL PACK & LEGAL ADVICE
You must view the legal pack and home report
for a lot. It is strongly recommended that you
instruct a qualified professional to review this and
raise any necessary enquiries before bidding.
16.2 The legal pack and home report can change at
any time up until the auction starts so you must
check the most recent version of the legal pack
and the addendum before bidding on the
property. Failure to check for changes to the legal
pack will not be a valid reason for withdrawing
from the sale.
16.3 The legal pack and home report is not prepared
by SDL Property Auctions and we are not
responsible for and give no guarantee or
assurance as to the accuracy of its contents. We
shall not have any liability to you for any
inaccuracies contained in the legal pack. Where
we display or provide documents provided or
created by third parties, we do so only on the
basis that we are not responsible for the accuracy
of the information contained in that document.
16.4 If you require legal advice concerning the
contents of the legal pack or conveyancing
process, you must direct these questions to the
instructed third party who is acting for the seller.
SDL Property Auctions cannot provide legal
advice concerning the contents of the legal pack
or the conveyancing process, and we accept no
liability for any inaccuracy or omission of legal
advice provided by any third party.
17. YOUR OBLIGATIONS TO US
17.1 You must:
17.1.1 Familiarise yourself with these terms in
their entirety before bidding;
17.1.2 Provide all information we reasonably
need to be able to complete the
reservation agreement, memorandum of
sale, or Minute of Preference and
Enactment to effect the contract of sale
when you are the winning bidder (we may
sign on your behalf);
17.1.3 Sign the necessary documents including
the Reservation Agreement or Minute of
Preference and Enactment (as applicable)
when you are the winning bidder (we may
sign on your behalf);
17.1.4 Pay the applicable Buyer’s Fee detailed in
clause 4;
17.1.5 Pay the applicable deposit detailed in
clause 4;
17.1.6 Complete the sale within the timeframes
set out in clause 4;
17.1.7 Provide all necessary identification
documentation to allow us to comply with
our legal obligations.
18. 18.1 OBLIGATIONS UNDER A CONTRACT OF SALE
As soon as your bid is accepted at the close of
the auction of an unconditional lot, a contract of
sale is entered into.
18.2 Under the contract of sale, you must:
18.2.1 Provide all necessary information
reasonably required to complete the
formal Minute of Preference and
Enactment that, together with the Articles
of Roup, forms the contract of sale;
18.2.2 Provide all necessary identification and
proof of address documentation;
18.2.3 Take all necessary measures to complete
the sale within 20 business days (or as
otherwise stated in the special conditions);
18.2.4 Sign a formal written contract if requested
to do so;
18.2.5 Pay any applicable Buyer’s Fee (see clause
4);
18.2.6 Pay a deposit (see clause 4); and
18.2.7 Complete the sale (and pay the full
purchase price) within 20 business days
(or as otherwise specified in the special
conditions).
18.3 If you fail to comply with the conditions set out
above, we may (as agent for the seller) treat you
as being in repudiatory breach of the contract of
sale and so treat that contract as at an end. This
means we can re-offer the property for sale. You
will not be able to recover your deposit or Buyer’s
Fee and the seller will have a claim against you for
breach of contract.
19. OBLIGATIONS UNDER A PRIVATE TREATY
SALE
19.1. The Auctioneer may, on a case-by-case basis as it
deems appropriate, facilitate ‘private treaty’ sales,
whereby the property may be sold outside of
auction conditions. In the event of such a private
treaty sale, the Auctioneer shall still be due the
applicable Buyer’s Fee/Reservation Fee as would
be due in accordance with our auction terms.
19.2. The Auctioneer reserves the exclusive and
absolute right to determine which party shall be
liable for payment of the Buyer’s Fee/Reservation
Fee. If we determine that the liable party shall be
you as the buyer, we shall issue both a
memorandum of sale stating the agreed
payment arrangement and an invoice for the
applicable Buyer’s Fee/Reservation Fee to your
solicitor. You shall pay the full fee to your solicitor
upon completion (in addition to the completion
monies owed separately to the seller). The fee
shall be held by your solicitor on trust and be
transferred to us as Auctioneer without
unreasonable delay.
19.3. As Auctioneer, we may work to facilitate such a
private treaty sale in partnership with other
agents. It shall not be a valid reason for you to
refuse or reduce payment of the Buyer’s
Fee/Reservation Fee on completion to us on the
grounds of the comparative amount of work
performed by any other agent facilitating the
sale. If you fail to pay the full fee in accordance
with the arrangements stated on the
memorandum of sale, we as Auctioneer reserve
the right to take enforcement action against you
with debt recovery agents.
19. DEPOSITS
19.1 When you pay a deposit, we will hold your
deposit as stakeholder for the seller (subject to
clause 19.6)
19.2 The deposit is non-refundable. If you withdraw
from the sale, you will not get your deposit back.
We will pay the deposit to the seller’s
solicitor/conveyancer.
19.3 If the seller withdraws from the sale, we will return
the deposit to you or your solicitor/conveyancer.
19.4 When the sale completes, we will pass the
deposit to the seller’s solicitor/conveyancer and it
will be deducted from the purchase price of the
property.
19.5 We may retain the Minute of Preference and
Enactment signed by or on behalf of the seller
until the deposit has been received in cleared
funds.
19.6 If you pay the deposit but do not pay your
Buyer’s Fee on time, we may deduct the amount
of the outstanding fees from the deposit. This
means that the amount passed to the seller’s
solicitor/conveyancer will be the deposit less any
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