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Ask Madhu Pal Your Own Question
Madhu Pal
Madhu Pal,
Category: Property Law
Satisfied Customers: 603
Experience:  Solicitor at HPLP Solicitors
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I am looking to purchase a residential property at auction,

Customer Question

I am looking to purchase a residential property at auction, there is this statement in the special conditions, what does it mean 'The Vendor is selling with limited title guarantee as Deputy for pursuant to the Court of
Protection Order dated 4th January 2021. A certified copy of the said Court of Protection
Order will be handed over on completion and shall be deemed to be conclusive evidence of
the Deputy’s authority to sell. The Purchaser and their solicitors shall not be entitled to raise
any requisition or objection relating thereto.'
Submitted: 22 days ago.
Category: Property Law
Expert:  Madhu Pal replied 22 days ago.

Good afternoon

Usually a property is sold with "full title guarantee" due to a standard seller selling with full knowledge of the property.

An auction property is usually sold under "limited title" which means the way it is being sold or the person selling has no knowledge of the property so you cannot ask any questions that you would in a standard purchase that a standard seller would know the answer to.

This is why it is important to thoroughly check the property and have your own searches and inspections carried out.

The Court of Protection Order is just the evidence required to sell the property on behalf of the actual owner.

Kind regards

Customer: replied 22 days ago.
When i sell the property is there a way of changing this to Full Title Guarantee? Also, i am looking to split the title as the garden is huge and build a new house in the garden. When i split the title will the new title have full title guarantee or is it still affected by the original 'limited title.' thanks
Customer: replied 22 days ago.
Will the limited title affect getting a mortgage?
Expert:  Madhu Pal replied 22 days ago.

When you sell you will be selling with full title because you are standard seller and will have knowledge of the property at the time you come to sell.

Splitting the title would still have both full title.

Limited title will not affect getting a mortgage but the valuation would be dependent on the condition of the property. i would being sure you can arrange the funds before putting in an offer at auction.