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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10911
Experience:  30 years as a practising solicitor.
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I wish to make a sealed auction bid on a property in the Highlands

Resolved Question:

I wish to make a sealed auction bid on a property in the Highlands of Scotland. No structural survey, searches etc have been made to date and the closing date for the bids is in two days. The solicitor/ agent acting for the vendor states that I can make a sealed offer and initially this would not be legally binding should I wish to withdraw. Presumably the next highest bidder would then be approached. Obviously I do not wish to commit myself fully until I have had a chance to do a survey etc, but would like the opportunity to be part of the bidding process. Can you help
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
A sealed bid offer is not binding until accepted unconditionally. So what you have to do is make your offer conditional on a satisfactory title, clear searches and a satisfactory survey. A standard offer submitted in accordance with Law Society of Scotland conveyancing practice will cover these issues so your solicitor will know what is required.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thank you, ***** ***** but may I ask for some further clarification? The bid form states the following:

The PURCHASER hereby OFFERS to purchase from the Seller the property, the fixture and fittings and the moveables at the price and on the terms and conditons specified herein and in the Highland Standard Clauses (2007 Edition) in the Deed of Declaration by the Faculty of Solicitors of the Highlands dated 17th.........2007.

In your answer you indicate that the offer should be conditional on a satisfactory title, searches etc. Assuming the vendor considers that the searches and titles are satisfactory would one then still be bound or could one still decline to proceed further without penalty?

Expert:  JGM replied 2 years ago.
What the vendor thinks is irrelevant. The purchaser makes the offer on the terms and conditions contained herein and on the basis of the Highland Standard Clauses.
The Highland Standard Clauses, which I will send you a link to shortly provide for a clear title and clear searches which is fine.
The bid form should be added to so as to make it subject to survey if you can't get one done in time.
Are you submitting this yourself? I suggest you get a solicitor to do so if you aren't acquainted with the contract paperwork.
JGM, Solicitor
Category: Law
Satisfied Customers: 10911
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your helpful advice.

Expert:  JGM replied 2 years ago.
Here is a print of the Highland Standard Missives
http://www.lawscot.org.uk/media/326137/Highland_Standard_Clauses_-2007_Edition-.pdf
Expert:  JGM replied 2 years ago.
And the guidance notes:
http://www.lawscot.org.uk/media/326140/Highland_Standard_Clauses_-2007-_Annotated_Guide.doc

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