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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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When a property is sold in an AUCTION, does the seller has

Resolved Question:

When a property is sold in an AUCTION, does the seller has to enclose a Property Information form? If not, can the buyer sue if some derogatory relevant information was found to be withheld?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Auctions are sold as seen

Alex Watts :

This means that the buyer must beware. The buyer has to make any and all checks to satisfy themselves as to all aspects

Alex Watts :

If they do not then there is no comeback on the seller

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-qve0jyal- :

So are you saying that the seller need not disclose any info he doesn't want to supply; except of course the contract and the office copies?

Alex Watts :

Yes. The seller does not have to disclose anything. Its all up to the buyer

JACUSTOMER-qve0jyal- :

Finally, if the seller has disclosed something but was false, then surely the buyer can sue the seller or still can't sue?

Alex Watts :

Yes the buyer may be able to do that for breach of contract

Alex Watts :

But again it should be the buyers make their own enquiries.

JACUSTOMER-qve0jyal- :

Just one more thing: If after the exchange of contracts at the auction, the buyer's solicitor ask questions relating to what the seller may have omitted to disclose, does the seller have to answer those questions? If not, what can he say?

Alex Watts :

After exchange then no - because you are already committed

Alex Watts :

Any enquries should have been made before exchange

Ash and 2 other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Further to your answer regarding property sold in an auction, you said there is no comeback on the seller; can I respectfully ***** ***** sure are you with your answer as it is critically important for me

Expert:  Ash replied 3 years ago.
I am sure because it's buyer beware. However if you were told something and it turns out it is not true then that is different you may have a claim for breach of contract.
Alex
Customer: replied 3 years ago.

Sometimes a property in an auction is sold prior to auction or post auction by the auctioneers if unsold in the auction room, does the same maxim 'buyers beware' still apply?

Expert:  Ash replied 3 years ago.
Yes it would. You still have to make all enquiries.
Alex
Customer: replied 3 years ago.

Hi again

As I do not want to provide a buyer a lot of details regarding my property, I have decided to sell in an auction and have drawn up a contract as I always do my own conveyancing. The contract is of a similar format to what most solicitors appear to be using but I just want to be certain that they are not copyright. It doesn't say copyright on any of the contracts i have looked at, in contrast to many years ago when it used to be a printed 2-page coloured document and I know that was copyright from the Law Society.

Is the attached document that I have drawn

Attachment: 2014-10-02_154637_contract.doc

ok for me to use- what do you think of it?

kind regards

Expert:  Ash replied 3 years ago.
Sadly that is beyond the remit of this question.
I am happy to look at this if you post a new question.
Alex
Customer: replied 3 years ago.

Hi

I have posted the above as a new question with the heading 'Related to a previously asked question' for your kind attention but I am not sure if you are looking at it.

regards

Expert:  Ash replied 3 years ago.
I will see if I can see it. It may be over the weekend when I reply.
Thanks
Alex