In the conditions 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 contract date (as applicable); and
- where the following words printed in bold they have the specified meanings.
Actual completion date
The date when completion takes place or is treated as taking place for the purposes of apportionment and calculating interest.
Addendum
An amendment or addition to the conditions or to the particulars or to both whether contained in a supplement to the catalogue, a written notice from the auctioneers or an oral announcement at the auction.
Agreed completion date
Subject to condition 9.3:
(a) the date specified in the special conditions; or
(b) if no date is specified, 15 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 has signed up to the Banking Code or Business Banking Code 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.
Arrears schedule
The arrears schedule (if any) forming part of the special conditions.
Auction
The auction advertised in the catalogue.
Auction conduct conditions
The conditions so headed, including any extra auction conduct conditions.
Auctioneers
The auctioneers at 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
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 to which the conditions refer including any supplement to it.
Completion
Unless otherwise agreed between seller and buyer (or their conveyancers) the occasion when both seller and buyer have complied with their obligations under the contract and the balance of the price is unconditionally received in the seller’s conveyancer’s client account.
Condition
One of the auction conduct conditions or sales conditions.
Contract
The contract by which the seller agrees to sell and the buyer agrees to buy the lot.
Contract date
The date of the auction or, if the lot is not sold at the auction:
(a) the date of the sale memorandum signed by both the seller and buyer; or
(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.
Financial charge
A charge to secure a loan or other financial indebtness (not including a rentcharge).
General conditions
That part of the sale conditions so headed, including any extra general conditions.
Guide price
The Guide Price is an indication of the sellers minimum acceptable price at auction at the time of entering the property into an auction. The Guide Price is given to assist consumers in deciding whether or not to pursue a purchase. As the Reserve Price is not fixed at this stage and can be adjusted by the seller at any time up to the day of the auction in light of the interest shown during the marketing period, a Guide Price is issued. We would normally expect the Reserve Price to be within a range of approx. + or – 10% of the Guide Price. Both the Guide Price and the Reserve Price can be subject to change up to and including the day of the auction.
Interest rate
If not specified in the special conditions, 4% above the base rate from time to time of Barclays
Bank plc. (The interest rate will also apply to judgement debts, if applicable.)
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).
Old arrears
Arrears due under any of the tenancies that are not “new tenancies” as defined by the Landlord and Tenant (Covenants) Act 1995.
Particulars
The section of the catalogue that contains descriptions of each lot (as varied by any addendum).
Practitioner
An insolvency practitioner for the purposes of the Insolvency Act 1986 (or, in relation to jurisdictions outside the United Kingdom, any similar official).
Price
The price that the buyer agrees to pay for the lot.
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.
Reserve price
The Reserve Price is the sellers minimum acceptable price at auction and the figure below which the auctioneer cannot sell. The Reserve Price is normally agreed between the auctioneer and the seller within approx. 48 hours prior to the auction. The Reserve Price is not disclosed prior to auction and remains confidential between the seller and the auctioneer. Both the Guide Price and the Reserve Price can be subject to change up to and including the day of the auction.
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.
Special conditions
Those of the sale conditions so headed that relate to the lot.
Tenancies
Tenancies, leases, licences to occupy and agreements for lease and any documents varying or supplemental to them.
Tenancy schedule
The tenancy schedule (if any) forming part of the special conditions.
Transfer
Transfer includes a conveyance or assignment (and “to transfer” includes “to convey” or “to assign”).
TUPE
The Transfer of Undertakings (Protection of Employment) Regulations 2006.
VAT
Value Added Tax or other tax of a similar nature.
VAT option
An option to tax.
We (and us and our)
The auctioneers.
You (and your)
Someone who has a copy of the catalogue or who attends or bids at the auction, whether or not a buyer.