Green Park Conference Centre
100 Longwater Avenue, Green Park, Readin
g, Berkshire RG2 6GP
Auction
Thursday 27 February 2020 at 1.30pm
A guide to buying at auction
2
Viewing
Please view the properties which interest you as soon as
possible. Viewing arrangements for each lot are contained
in this catalogue. Block viewings for all properties will be
at specific times and if you arrive late you may have only a
limited viewing time.
Legal documentation
For each lot there are Special Conditions of Sale and other
documentation provided by the vendor’s solicitors. If you wish
to receive this information, legal packs can be downloaded
from our website romans.co.uk. All legal documentation can
be inspected by prior arrangement at our head office and is
available in the auction room on the auction day.
Instructing a solicitor
Before bidding at the auction, you are advised to consult
a solicitor or licensed conveyancer to advise you on the
general and special conditions of sale, the local authority
search, the land registry office copy entries and any other
information provided.
Guide prices
Guide prices provided with this catalogue and shown on
our website and press advertising indicate the level of
the sellers reserve. The guide price may change at any
time prior to the auction. Lots may be sold at, above or
below the guide price and the eventual sale price will be
dependent on the amount of bidding at the auction.
Reserve prices
All lots offered for sale are subject to a reserve price. The
reserve is a confidential minimum price which the seller
authorises the auctioneer to sell at – bidding must reach or
exceed this figure for the lot to be sold. The reserve may
be changed by the seller at any time up to the start of the
auction and this will be reflected in the guide price. The
level of the reserve may be lower than the guide price.
Pre-auction offers
These must be made in writing and will only be considered
if the lot has been viewed, Legal documents inspected and
proof of funding has been supplied to the auctioneers. Pre-
auction offers are on the basis of an immediate exchange of
auction contracts upon acceptance by the seller.
Any offer will be assumed to be your best and final offer
and we cannot guarantee that you will be invited to
increase your bid if an alternative, satisfactory offer is
received prior to exchange.
Our clients have agreed that only pre-auction offers
substantially above the guide price need to be submitted.
Telephone and proxy bids and buyers charge
If you want to bid by telephone or proxy on the day of the
auction we are more than happy for you to do so. We must
be holding a signed contract and banker’s draft at least
24 hours before the auction. Therefore please contact us
in plenty of time to receive and return the bidding pack, to
avoid disappointment.
Each successful buyer will be required to pay the
auctioneers, Romans, a non-refundable buyers charge of
£950 plus VAT = £1,140. On purchases up to £20,000, the
buyers charge will be £550 plus VAT = £660. The charge is
payable on exchange of contracts.
Addendum
When you arrive at the Auction, a member of Romans’
staff will hand you a list of last minute alterations and
amendments to the catalogue, this is known as an
‘addendum’. It is essential that you read this information
carefully in case it refers to a lot which is of interest to you,
as the addendum f orms part of the contract of sale.
Deposits
Purchasers are reminded that at the fall of the Auctioneer’s
gavel a deposit of 10% of the contract sale price (minimum
£4,000, if the sale price is less than £40,000, unless
specified otherwise in Special Conditions) per lot shall be
payable, by way of banker’s draft, personal cheque
or debit card. Company cheques will not be accepted
unless arrangements have been made at least 3 working
days prior to the Auction.
All banker’s drafts should be made payable to Romans.
Cash and credit cards will not be accepted. We
suggest you obtain a draft for 10% of your maximum
bid price (minimum £4,000, if the sale price is less than
£40,000, unless specified otherwise in Special Conditions)
and bring it with you to the auction. If you purchase for
less, the difference will be deducted from your ‘balance’
figure on completion.
Any shortfall (subject to the Auctioneer’s discretion) can be
paid by personal/company cheque.
Buyers charge
Each successful buyer will be required to pay the
auctioneers, Romans, a non-refundable buyers charge of
£950 plus VAT = £1,140. On purchases up to £20,000, the
buyers charge will be £550 plus VAT = £660. The charge is
payable on exchange of contracts.
Pre-registration
In order to comply with Money Laundering Regulations
2017, all bidders/potential buyers are required to pre-
register ahead of the auction date to be able to bid/buy.
Please see pages 16 & 17 for guidance notes and
registration form.
Completion day
Completion normally takes place twenty working days
after the date that contracts are exchanged, unless other
arrangements are specified in the special conditions of sale.
It is advisable to check this prior to the auction day.
All plans are strictly for identification purposes only and
should not be relied upon. Please refer to the legal pack
for the Land Registry plan of each lot.
Any plans are reproduced from Ordnance Survey maps
with kind permission of the Controller of Her Majesty’s
Stationery Office @ Crown copyright.
All rights reserved, Licence no:100020449.
Welcome
Welcome
3
From M4 J11
A33
M4
M4 J11
From Reading
Town Centre
Byte Café
Longwater
Lake
S
o
u
t
h
O
a
k
W
a
y
B
r
o
o
k
D
r
i
v
e
B
r
o
o
k
D
r
i
v
e
J1
1
M
4
L
o
n
g
w
a
t
e
r
A
v
e
n
u
e
S
o
u
t
h
O
a
k
W
a
y
South Oak Way
Costco
L
o
n
g
w
a
t
e
r
A
v
e
n
u
e
S
o
u
t
h
O
a
k
W
a
y
South Entrance
Main Entrance
We are here
Millennium
Hotel
Madejski stadium
A33
Auction venue
Conference Centre
100 Longwater Avenue
Green Park
Reading
RG2 6GP
Expert Mortgage
Advice
Mark
Hughes
Expert Mortgage Advice
mhughes@lrg.co.uk
Surveying
Dan Lowery
MRICS
Director
dlowery@romans.co.uk
Residential Lettings
Richard O’Nei
ll
Managing Director
RONeill@romans.co.uk
Residential Sales
Kevin Shaw
National Managing Director
kshaw@lrg.co.uk
Other services
Simon Clayton
MNAVA
Director and Auctioneer
sclayton@romans.co.uk
01344 753 122
Gareth Bell
Auctioneer
gbell@romans.co.uk
01344 753 123
Daniel Gale
Surveyor
dgale@romans.co.uk
01344 753 185
Paul Higgins-Drysdale
Valuer
phigginsdrysdale
@leaders.co.uk
01243 213 849
Town Planning
Karen Charles
Dir
ector
KarenCharles@
boyerplanning.co.uk
4
Romans Auctions have the
pleasure of working with a wide
variety of national and local
companies including: Solicitors,
Housing Associations, Local Authorities,
Asset Management Companies,
Developers, Commercial Agents,
Receivers, Charities and Trusts –
here are a few of them.
5
Romans Auctions have the
pleasure of working with a wide
variety of national and local
companies including: Solicitors,
Housing Associations, Local Authorities,
Asset Management Companies,
Developers, Commercial Agents,
Receivers, Charities and Trusts –
here are a few of them.
Properties will be available to
view at the following times only.
Please arrive for viewings
promptly at the times stated.
Our representatives are unable to
wait for late comers as they will be
conducting a schedule of viewings for
the entire day and therefore cannot be
delayed at a specific property.
Viewers are advised to check the
availability of properties prior to
commencing their journey. Romans
will not be responsible for any abortive
costs should a property be sold or
withdrawn prior to the viewing date.
5
Viewing schedule
The Money Laundering, Terrorist Financing and
Transfer of Funds (information on the payer) Regulations 2017
These regulations came into force on 26th June 2017.
Auctioneers are now required to verify the identity of all bidders
and buyers before the auction.
Please see pages 16 & 17 for guidance notes and registration form.
Important notice
Lot Property Tue Thu Tue Thu Tue Thu
4 6 11 13 18 20
1 34 Chagford Road, Reading, Berkshire, RG2 8AZ 13.00 13.00 13.00 13.00 13.00 13.00
2 31 Cunningham Drive, Eastbourne, East Sussex, BN23 6BH 12.30 12.30 12.30 12.30 12.30 12.30
3 1 Bath Road, Calcot, Reading, Berkshire, RG31 7QH 13.30 13.30 13.30 13.30 13.30
4 Land, 64 - 68 Roman Way, Thatcham, Berkshire, RG18 3BS This site can be viewed at any reasonable time
5 6 Crescent Gardens, 10 Crescent Road, Bournemouth, Dorset, BH2 5SS 12.30 12.30 12.30 12.30 12.30 12.30
6 35 Liverpool Road, Stoke-On-Trent, Staffordshire, ST4 1AW 12.30 12.30 12.30
7 1 Norfolk Road, Littlehampton, West Sussex, BN17 5PL 12.30 12.30 12.30
8 17 Nyewood Lane, Bognor Regis, West Sussex, PO21 2QB 13.15 13.15 13.15 13.15 13.15 13.15
9 1B Central Buildings, London Rd, Bognor Regis, West Sussex, PO21 1PW 12.30 12.30 12.30 12.30 12.30 12.30
10 Garage 17, Honey Hill Road, Bracknell, Berkshire, RG42 1YJ This site can be viewed at any reasonable time
11 Garage at De Lara Way, Woking, Surrey, GU21 6NY This site can be viewed at any reasonable time
12 Flat 4, 66 East Street, Farnham, Hampshire, GU9 7TJ 12.30 12.30 12.30 12.30 12.30
5
romans.co.uk
The Romans Group (UK) Limited Registered Address: Crowthorne House, Nine Mile Ride, Wokingham, Berkshire, RG40 3GZ Registered in England 2161874 VAT 587443501
Thursday 27
th
February 2020
Lot
Address
Rental
Value
1
34 Chagford Road, Reading, Berkshire, RG2 8AZ
£975 PCM
2
31 Cunningham Drive, Eastbourne, East Sussex, BN23 6BH
£1100 PCM
3
1 Bath Road, Calcot, Reading, Berkshire, RG31 7QH
4
Land, 64 - 68 Romans Way, Thatcham, Berkshire, RG18 3BS
5
6 Crescent Gardens, 10 Crescent Road, Bournemouth, Dorset, BH2 5SS
£515 PCM
6
35 Liverpool Road, Stoke-On-Trent, Staffordshire, ST4 1AW
7
1 Norfolk Road, Littlehampton, West Sussex, BN17 5PL
SOLD PRIOR
8
17 Nyewood Lane, Bognor Regis, West Sussex, PO21 2QB
£3275 PCM
9
1B Central Buildings, London Road, Bognor Regis, West Sussex, PO21 1PW
£575 PCM
10
Garage 17, Honey Hill Road, Bracknell, Berkshire, RG42 1YJ
11
Garage, De Lara Way, Woking, Surrey, GU21 6NY
12
Flat 4, 66 East Street, Farnham, Hampshire, GU9 7TG
£1100 PCM
13
Garage 13 Haversham Drive, Bracknell, Berkshire, RG12 7LU
14
19 Waylen Street, Reading, Berkshire, RG1 7UP
£3000 PCM
15
Garage, De Lara Way, Woking, Surrey, GU21 6NY
16
Garage, De Lara Way, Woking, Surrey, GU21 6NY
All bidders and buyers are required to register ahead of the auction date. Please see pages 16 & 17 for further information
and registration form.
Estimated rental value is based on the property being presented to a good standard and not extended.
A buyers charge is payable on each lot that you buy in addition to the sale price. Other non-optional fees may apply.
Please refer to the Special Conditions in the Legal Pack for this information.
6
Lot 1
34 Chagford Road, Reading, Berkshire, RG2 8AZ
ON BEHALF OF THE EXECUTOR
A vacant extended 2 bedroom semi-detached house requiring renovation, occupying
a larger than average plot, providing great potential for improvement and extension,
subject to planning consent.
Location:
Good access to Reading town
centre & local amenities
Mainline rail service from Reading
to London Waterloo & Paddington
M4 access at junction 11
Description:
Semi-detached house
Requires refurbishment
For improvement
Accommodation:
Ground floor:
Entrance hall, living room, dining
room, kitchen, bathroom
First floor:
2 bedrooms
Outside:
Front and rear gardens
EPC rating:
Please see website
Tenure:
Freehold with vacant possession
Local authority:
Reading Borough Council
0118 937 3787
7
Lot 00
Lot 4
Flat 6, 46 Penn House, Hove Park Villas, Hove,
East Sussex, BN3 6HG
A first floor studio apartment with parking, located close to Hove Recreation Ground.
The property is in need of refurbishment and ideal for investment.
ON THE INSTRUCTIONS OF A CHARITY ON THE INSTRUCTIONS OF A CHARIT ON
THE INSTRUCTIONS OF THE EXECUTOR
Lot 00
Lot 2
31 Cunningham Drive, Eastbourne, East Sussex, BN23 6BH
ON BEHALF OF THE ATTORNEY
A vacant 3 bedroom semi-detached house requiring improvement located in the
popular Langney Point area of Eastbourne.
Location:
Langney Point
Mainline railway station to London
Victoria
Access to Brighton via A27
Close to Five Acres Fields
Description:
Semi-detached property
Corner plot
Potential for improvement
Accommodation:
Ground floor:
Entrance hall, kitchen/diner, living room
First floor:
3 bedrooms, WC, bathroom
Outside:
Front, side and rear gardens, garage
with driveway parking.
EPC rating:
C
Tenure:
Freehold with vacant possession
Local authority:
Eastbourne Borough Council
01323 410 000
8
Lot 3
1 Bath Road, Calcot, Reading, Berkshire, RG31 7QH
ON BEHALF OF WEST BERKSHIRE COUNCIL
A vacant 5 bedroom detached house requiring extensive renovation situated on a
plot just under half an acre in a private road, providing great potential for extension or
development, subject to planning permission being granted.
Location:
Private road running parallel with
the Bath Road
Good access to Reading town
centre
M4 access at junction 12
Rail service to London Waterloo &
Paddington
Description:
Detached house
5 bedrooms
Requires renovation
Potential to extend, subject to
planning permission being granted
Accommodation:
Ground floor:
Entrance hall, living room, dining
room, study, kitchen, utility room, WC
shower room
First floor:
5 bedrooms, bathroom
Outside:
Front garden, driveway parking with
double garage, south facing rear
garden. Plot measures approximately
0.429 acres (0.174 ha).
EPC rating:
Please see website
Tenure:
Freehold with vacant possession
Local authority:
West Berkshire Council
01635 551111
9
10
SOLD PRIOR
10
Lot 4
Land, 64–68 Roman Way, Thatcham, Berkshire, RG18 3BS
A vacant development site of approximately 0.277 acres, located in a popular
residential area, benefitting from outline planning permission to build 3 two storey
dwellings with parking. There is potential to increase the size of the site, subject to the
separate purchase of adjoining land.
Location:
West Thatcham
Close to centre of the village
Access to shops and schools
Access to A4
Rail service to London
Good access to junctions 12 and 13
of the M4
Description:
Residential development site
Level and cleared
Fenced boundary
Plot approx. 0.277 acres
Further potential for expansion
Investment potential
Planning
Outline planning permission was
granted by West Berkshire Council for 3
two storey dwellings application number
19/02738/OUTD on 23 January 2020.
Proposed development
The most current application, (19/02738/
OUTD) provides scope to develop 1
detached house and 2 semi-detached
houses. The footprints of the dwellings
shown on the application are indicative
of 4 bedroom and 3 bedroom properties.
Alternatively, a previous application
(16/03548/OUTD) granted on 13
February 2017, comprising a scheme of
4 detached houses, could be developed,
subject to reserved matters and the
separate purchase of additional land
from neighbouring properties.
Tenure:
Freehold with vacant possession
Local authority:
West Berkshire Council
01635 551111
11
SOLD PRIOR
12
SOLD PRIOR
Lot 5
6 Crescent Gardens, 10 Crescent Road, Bournemouth, Dorset,
BH2 5SS
A vacant first floor studio flat in Bournemouth town centre with good investment
potential. Estimated rental value £515 PCM representing a gross yield of 12.36%
per annum.
Location:
Bournemouth town centre
Close to train station
Transport links
Description:
First floor studio flat
• Leasehold
Investment potential
Accommodation:
First floor:
Studio room, open plan kitchen,
hallway, bathroom
Outside:
Communal parking area
EPC rating:
D
Tenure:
Leasehold with vacant possession
Lease
99 years from 24 June 1987
Local authority:
BCP Council
01202 451451
13
Lot 00
Lot 4
Flat 6, 46 Penn House, Hove Park Villas, Hove,
East Sussex, BN3 6HG
A first floor studio apartment with parking, located close to Hove Recreation Ground.
The property is in need of refurbishment and ideal for investment.
ON THE INSTRUCTIONS OF A CHARITY ON THE INSTRUCTIONS OF A CHARIT ON
THE INSTRUCTIONS OF THE EXECUTOR
Lot 00
Lot 6
35 Liverpool Road, Stoke-On-Trent, Staffordshire, ST4 1AW
A vacant terraced property requiring improvement with previous commercial use.
Location:
Access to transport links
1.7 miles to Royal Stoke University
Hospital
0.5 miles to Stoke-On-Trent train
station
Description:
Terraced house
History of commercial use
Requires improvement
Accommodation:
Ground floor:
2 reception rooms, hall, storage area
First floor:
2 rooms, landing, bathroom area
Outside:
Rear vehicular access, outbuilding
EPC rating:
Please see website
Tenure:
Freehold with vacant possession
Legal documents:
Visit romans.co.uk/auctions
Local authority:
Stoke-on-Trent City Council
01782 234234
14
Lot 7
1 Norfolk Road, Littlehampton, West Sussex, BN17 5PL
A terraced house close to Littlehampton town centre divided into two flats, currently
tenanted, representing a gross yield of 9.6% per annum.
Location:
Good access to town centre
Close to sea
Mainline rail station to Brighton
Access to A27 to Chichester
Description:
Terraced house
Divided into two 1 bedroom flats
9.6% gross yield
Accommodation:
Ground floor:
Entrance hall, living room/kitchen,
bedroom, shower room
First floor:
Landing, bedroom, living room,
kitchen/breakfast room, bathroom
EPC rating:
C
Tenure:
Freehold
Tenancy:
Ground floor flat – £550 PCM
Top floor flat – £650 PCM.
Please see legal pack for further
details.
Local authority:
Arun District Council
01903 737500
15
Lot 00
Lot 4
Flat 6, 46 Penn House, Hove Park Villas, Hove,
East Sussex, BN3 6HG
A first floor studio apartment with parking, located close to Hove Recreation Ground.
The property is in need of refurbishment and ideal for investment.
ON THE INSTRUCTIONS OF A CHARITY ON THE INSTRUCTIONS OF A CHARIT ON
THE INSTRUCTIONS OF THE EXECUTOR
Lot 00
Lot 8
17 Nyewood Lane, Bognor Regis, West Sussex, PO21 2QB
A vacant 7 bedroom detached house requiring minor improvement, situated close to
the seafront and local amenities, providing good investment potential.
Location:
Close to the seafront and local
amenities
6 miles South of Chichester
2 miles West of Bognor Regis
Description:
Detached house
Requires minor improvement
Good investment potential
Accommodation:
Ground floor:
Hallway, living room, dining room,
kitchen/breakfast room, utiliy area,
bedroom
First floor:
5 bedrooms, shower room, bathroom,
WC
Second floor:
Bedroom, ensuite shower room
Outside:
Driveway parking, gated side and rear
access, rear garden
EPC rating:
C
Tenure:
Freehold with vacant possession
Local authority:
Arun District Council
01903 737500
16
Lot 9
1B Central Buildings, London Road, Bognor Regis, West Sussex,
PO21 1PW
A vacant 1 bedroom first floor flat which has been recently refurbished, good
investment potential. Estimated rental value £575 PCM representing a gross yield of
9.85% per annum.
Location:
Bognor Regis town centre
Mainline rail service to London
Victoria
Transport links to Chichester
Close to the sea front
Description:
First floor flat
Recently modernised
Good investment potential
Accommodation:
Open plan kitchen/living room, shower
room, bedroom
EPC rating:
F
Tenure:
Leasehold with vacant possession
Lease:
99 years from 31 March 2000
Local authority:
Arun District Council
01903 737500
17
Lot 2Lot 10 Lot 11
Garage 17, Honey Hill Road, Bracknell, Berkshire,
RG42 1YJ
A vacant freehold single lock-up garage located in a popular
residential area, ideal for storage or letting investment.
Garage at De Lara Way, Woking, Surrey, GU21 6NY
A vacant freehold single lock-up garage measuring 5.13m x 2.52m,
located in a popular residential area, ideal for storage or letting
investment.
Location:
Popular residential area
Good access to Bracknell
and Binfield
Access to M4 at junction
10 & M3 at junction 3
Description:
Single lock up garage
Rental investment potential
Ideal for storage
Tenure:
Freehold with vacant
possession
Local authority:
Bracknell Forest Council
01344 352 000
Location:
Popular residential area
Good access to Woking
Access to M25 at
junction 10
Description:
Single lock up garage
Rental investment potential
Ideal for storage
Tenure:
Freehold with vacant
possession
Local authority:
Woking Borough Council
01483 755855
18
Lot 10 Lot 10
Lot 8 Lot 8Lot 11
Lot 12
Flat 4, 66 East Street, Farnham, Hampshire, GU 97 TJ
A well presented vacant two bedroom conversion apartment with a long lease
conveniently located in Farnham centre. Ideal for investment or owner-occupation.
Location:
Close to town centre and U.C.A
Mainline station rail service to
London Waterloo
Good access to Guildford and
Winchester via A31
M3 access at junction 4
Description:
First floor apartment
2 bedrooms
Good internal condition
Ideal for investment
Accommodation:
First floor:
Entrance hall, living room/dining room,
kitchen, 2 bedrooms, bathroom
Outside:
Allocated parking for two cars
EPC rating:
D
Tenure:
Leasehold with vacant possession
Lease
199 years from the 25th of
December 2007
Local authority:
Waverley Borough Council
01483 523 333
Garage 13, Haversham Drive, Bracknell, Berkshire, RG12 7LU
Locaon:
Descripon:
EPC Rang:
Tenure:
Local Authority:
To view:
Locaon:
Descripon:
Accommodaon:
Outside:
EPC Rang:
Tenure:
Local Authority:
To view:
19 Waylen Street, Reading, Berkshire, RG1 7UP
Garage at De Lara Way, Woking, Surrey, GU21 6NY
Locaon:
Descripon:
EPC Rang:
Tenure:
Local Authority:
To view:
Locaon:
Descripon:
EPC Rang:
Tenure:
Local Authority:
To view:
Garage at De Lara Way, Woking, Surrey, GU21 6NY
19
Mackrell Turner Garre
21-25 Church Street West
Woking
Surrey
GU21 6DJ
T: 01483 755609
www.mackrellsurrey.com
We provide robust and prompt legal advice for Sellers, Buyers, Lenders,
Landlords, Tenants, Investors and Developers of Residenal, Commercial and
Development Properes.
Highly experienced in handling aucon transacons, we fully understand the
mely manner in which these maers must be handled.
We are an independent full service law rm, with oces in London & Surrey.
Derek Ausn
Partner
Derek.Ausn@mtg.uk.net
SELLERS - Legal pack preparaon & sale conveyancing
BUYERS - Legal pack review & purchaser/lender conveyancing
SPECIALIST LEGAL ADVICE
BEFORE AND AFTER THE HAMMER FALLS
For more informaon please get in touch or visit our stand in the aucon room:-
Lin Bateman
Conveyancing Execuve
Lin.Bateman@mtg.uk.net
2020
Auction dates
Entries
now
invited
Email
auctions@
romans.
co.uk
FEB
OCT
APR
DEC
JUL
MAY
27 1
22
21
7 16
WEDTHU
WED WED WED
THU
Telephone
01344
753 120
20
IMPORTANT – PLEASE READ CAREFULLY
All bidders
In order to comply with Money Laundering Regulations
2017 all those intending to bid at auction must pre-register
before the auction date.
Pre-registration
To pre-register you must complete the form opposite and
return to us with certified* evidence of identity and address
by email to
register@romans.co.uk
or by post to
Romans Auctions
23 Market Place
Wokingham
Berkshire RG40 1AP
before the date of the auction. We will confirm receipt.
You must also take these documents with you to the
auction so that they can be verified.
As part of this process we will carry out an electronic anti-
money laundering check. This is not a credit check and will
not affect your credit rating.
Bidding on behalf of another person
In addition to the above, if you are bidding on behalf of
another ‘natural’ person you must:
Produce written authority in the form of a letter signed
and dated by that other person(s).
Provide certified* copy(s) of Passport or Driving Licence
and Proof of Address for the other person(s).
Bidding on behalf of a company or other legal entity
If you are bidding on behalf of a company or other legal
entity you will need a letter of authority signed by an
appropriate person within the company/legal entity
(e.g. Director, Company Secretary, Trustee).
If you are bidding on behalf of a company or other legal
entity you must register as soon as possible before the
auction date as we will need to review the company/
legal entity structure and we may need to request further
documentation or evidence depending on the nature of the
company/legal entity. You will not be able to bid until this
due diligence has been satisfactorily completed.
Bidding for yourself and joint purchaser(s)
If you are bidding for yourself and the purchase will be in
joint names you must provide certified evidence of ID and
address for all joint purchasers.
*Certified documents
We will only accept certified ID documents from a
professional person including a solicitor, bank manager,
financial adviser, doctor, dentist, teacher, Leaders Romans
Group employee, that contain the following:
A statement confirming “Certified to be a true copy of the
original seen by me and a true likeness of the person”
Details of the person certifying and indication of
professional status
A signature and date with a printed name
The occupation and address or telephone number of the
person certifying
Pre-registration information
17
Pre-registration form
Buyer’s name(s) (name(s) the property is being bought in) continue on separate sheet if required
Buyer(s) address(es)
Postcode
Evidence of identity
Current signed passport
Current full UK photo card driving licence
Current full UK driving licence (old version)
(Provisional driving licence will not be accepted)
Resident Permit issued by the Home Office to EU Nationals
Inland Revenue Tax Notification
Firearms Certificate
Evidence of address
Current full UK driving licence (old version) (provisional
driving licence will not be accepted)
A utility bill issued within the last 3 months
Local Authority tax bill (current year)
Bank, Building Society or Credit Union statement
The following is a schedule of acceptable documentation. You must provide one document from each list for each relevant person.
(Please note that a driving licence can be used as evidence for either one or the other but not both).
Contact details
Mobile Work
Home Email
Please remember that if you are bidding on behalf of another person or legal entity you must produce appropriate written
authority as set out opposite. If you are buying jointly with another person or persons you must also provide their details
and certified* evidence of their ID and address.
In order to provide a professional and effective service we need to keep a record of the information below. All personal information is
treated as private and confidential and is recorded on our database. These details will not be shared with a third party. You have the
right to see any information that we hold about you, and to have your details removed from our database should they be no longer
necessary in relation to the purpose for which they were collected.
We would like to keep you up-to-date with the latest auction catalogue, news and results.
Please tick the box if you wish to receive marketing emails from us.
Postcode
PLEASE COMPLETE IN BLOCK CAPITALS
Lot number and address
Bidder’s name (if different from above)
Bidder’s address (if different from above)
Postcode
Contact details
Mobile Work
Home Email
22
Important information
Copy legal documentation
For every lot that appears in our catalogue
the seller’s solicitors provide Legal documents
including special conditions of sale, title deeds,
local searches, leases (where applicable),
office copy entries and any other relevant
information. This information is available to
download from our website romans.co.uk/
auctions.
Alternatively you can call 0800 093 9994
and we will forward you a copy by post for a
charge of £30 plus VAT.
For more detailed legal enquiries, please
ask your legal representative to contact the
relevant seller’s solicitors detailed on the
special conditions of sale.
Please see the Notices to Prospective Buyers,
the Conduct of the Auction and also the
Conditions of Sale referred to at the end of the
catalogue in relation to all legal matters.
Please note:
Cash will not be accepted by way of deposit.
In addition to the deposit, each successful
buyer will be required to pay the
auctioneers, Romans, a non-refundable
buyers charge of £950 plus VAT = £1,140.
On purchases up to £20,000, the buyers
charge will be £550 plus VAT = £660.
The charge is payable on exchange of
contracts.
In the event of non-payment of the buyers
charge, a deduction of £950 plus VAT
(£550 plus VAT on purchases below
£20,000) will be made from the amount
received before the balance is applied to the
deposit.
• Any purchaser wishing to buy in a
Company name (Ltd or plc) will be required
to provide the auctioneers with the
company’s registered office address, in
addition to the trading address, if different.
We will also require documentation
confirming the identity of the Company
Managing Director and Company Secretary
(passport etc).
A VAT receipt, if required, will be issued on
the day after the auction.
Before the auction:
A prudent buyer will, before bidding for
a lot at an auction:
• Take professional advice from a
conveyancer and, in appropriate cases, a
chartered surveyor and an accountant;
• Read the conditions;
• Inspect the lot;
• Carry out usual searches and make usual
enquiries;
• Check the content of all available leases
and other documents relating to the lot;
• Check that what is said about the lot in the
catalogue is accurate;
• Have finance available for the deposit and
purchase price;
• Check whether VAT registration and
election is advisable;
The conditions assume that the buyer
has acted like a prudent buyer.
If you choose to buy a lot without taking
these normal precautions you do so at
your own risk.
23
This glossary applies to the auction conduct
conditions and the sale 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
black type appear in bold blue type 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 G9.3:
(a) the date specified in the special
conditions; or
(b) if no date is specified, 20 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 or public holiday in England and Wales.
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 for the auction as it exists at the
date of the auction (or if the catalogue is
different, the date of the contract) including any
addendum and whether printed or made
available electronically.
Completion
Unless otherwise agreed between seller and
buyer the occasion when both seller and
buyer have complied with their obligations under
the contract that they are obliged to comply
with prior to completion, and the amount
payable on completion has been
unconditionally received in the seller’s
conveyancer’s client account (or as otherwise
required by the terms of the contract).
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 (apart from financial charges).
Extra General Conditions
Any conditions added or varied by the
auctioneers starting at condition G30.
Financial charge
A charge to secure a loan or other financial
indebtness (but not including a rent charge or
local land charge).
General conditions
The sale conditions headed ‘General
Conditions of Sale’, including any extra
general conditions.
Interest rate
If not specified in the special conditions, the
higher of 6% and 4% above the base rate from
time to time of Barclays Bank plc. The interest
rate will also apply to any judgement debt,
unless the statutory rate is higher.
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, a
person undertaking a similar official role).
Price
The price (exclusive of VAT) 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.
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 schedule of tenancies, (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 seen the catalogue or who
attends or bids or otherwise participates in the
auction, whether or not a buyer.
Common Auction Conditions (Edition 4 March 2018)
Reproduced with the consent of the RICS
Glossary
24
Words in bold blue type have the special
meanings defined in the Glossary.
The Auction Conduct Conditions (as
supplemented or varied by condition A6, if
applicable) are a compulsory section of the
Common Auction Conditions. They cannot
be disapplied or varied without our
agreement, even by a condition purporting
to replace the Common Auction Conditions
in their entirety.
A1 Introduction
A1.1 The Auction Conduct Conditions
apply wherever the lot is located.
A1.2 If you make a bid for a lot or
otherwise participate in the auction it
is on the basis that you accept these
Auction Conduct Conditions. They
govern our relationship with you. They
can be varied only if we agree.
A2 Our role
A2.1 As agents for each seller we have
authority to:
(a) prepare the catalogue from
information supplied by or on behalf of
each seller;
(b) offer each lot for sale;
(c) sell each lot;
(d) receive and hold deposits;
(e) sign each sale memorandum;
and
(f) treat a contract as repudiated if
the buyer fails to sign a sale
memorandum or pay a deposit as
required by these auction
conduct conditions or fails to
provide identification as required by
the auctioneers.
A2.2 Our decision on the conduct of the
auction is final.
A2.3 We may cancel the auction, or alter
the order in which lots are offered
for sale. We may also combine or
divide lots. A lot may be sold or
withdrawn from sale prior to the
auction.
A2.4 You acknowledge that to the extent
permitted by law we owe you no
duty of care and you have no claim
against us for any loss.
A2.5 We may refuse to admit one or more
persons to the auction without having
to explain why.
A2.6 You may not be able to bid unless
you provide such evidence of your
identity and other information as we
reasonably require from all bidders.
A3 Bidding and reserve prices
A3.1 All bids are to be made in pounds
sterling exclusive of VAT.
A3.2 We may refuse to accept a bid. We
do not have to explain why.
A3.3 If there is a dispute over bidding we
are entitled to resolve it, and our
decision is final.
A3.4 Unless stated otherwise each lot is
subject to a reserve price (which
may be fixed just before the lot is
offered for sale). If no bid equals or
exceeds that reserve price the lot will
be withdrawn from the auction.
A3.5 Where there is a reserve price the
seller may bid (or ask us or another
agent to bid on the seller’s behalf) up
to the reserve price but may
not make a bid equal to or exceeding
the reserve price. You accept that
it is possible that all bids up to the
reserve price are bids made by or on
behalf of the seller.
A4 The particulars and other
information
A4.1 We have taken reasonable care to
prepare particulars that correctly
describe each lot. The particulars
are based on information supplied
by or on behalf of the seller. You
need to check that the information in
the particulars is correct.
A4.2 If the special conditions do not
contain a description of the lot, or
simply refer to the relevant lot
number, you take the risk that the
description contained in the
particulars is incomplete or
inaccurate, as the particulars have
not been prepared by a conveyancer
and are not intended to form part of a
legal contract.
A4.3 The particulars and the sale
conditions may change prior to the
auction and it is your responsibility to
check that you have the correct
versions.
A4.4 If we provide information, or a copy of
a document, we do so only on the
basis that we are not responsible for
the accuracy of that information or
document.
A5 The contract
A5.1 A successful bid is one we accept as
such (normally on the fall of the
hammer). This condition A5 applies
to you if you make the successful
bid for a lot.
A5.2 You are obliged to buy the lot on the
terms of the sale memorandum
at the price you bid plus VAT (if
applicable).
A5.3 You must before leaving the auction:
(a) provide all information we reasonably
need from you to enable us to
complete the sale memorandum
(including proof of your identity if
required by us); (b) sign the
completed sale memorandum; and
(c) pay the deposit.
A5.4 If you do not we may either:
(a) as agent for the seller treat that
failure as your repudiation of the
contract and offer the lot for sale
again: the seller may then have a
claim against you for breach of
contract; or
(b) sign the sale memorandum on
your behalf.
A5.5 The deposit:
(a) must be paid in pounds sterling by
cheque or by bankers’ draft
made payable to us (or, at our option,
the seller’s conveyancer) drawn on an
approved financial institution
(condition A6 may state if we accept
any other form of payment);
(b) may be declined by us unless
drawn on your account, or that of the
buyer, or of another person who (we
are satisfied) would not expose us to a
breach of money laundering regulations;
(c) is to be held by us (or, at our
option, the seller’s
conveyancer); and
(d) is to be held as stakeholder where
VAT would be chargeable on the
deposit were it to be held as agent for
the seller, but otherwise is to be held
as stakeholder unless the sale
conditions require it to be held as
agent for the seller.
A5.6 We may retain the sale
memorandum signed by or on behalf
of the seller until the deposit has
been received in cleared funds.
A5.7 Where we hold the deposit as
stakeholder we are authorised to
release it (and interest on it if
applicable) to the seller on
completion or, if completion does not
take place, to the person entitled to it
under the sale conditions.
A5.8 If the buyer does not comply with its
obligations under the contract then:
(a) you are personally liable to buy the
lot even if you are acting as an
agent; and
(b) you must indemnify the seller in
respect of any loss the seller incurs
as a result of the buyer’s default.
A5.9 Where the buyer is a company you
warrant that the buyer is properly
constituted and able to buy the lot.
A6 Extra auction conduct conditions
A6.1 Despite any special condition to the
contrary, the minimum deposit we
accept is £4,000 (or the total price, if
less). A special condition may
however require a higher minimum
deposit.
Auction conduct conditions
25
Words in bold blue type have the special meanings defined
in the Glossary.
The
general conditions
(as
we
supplement or change them
by any
extra general conditions
or
addendum
) are compulsory
but may be disapplied or changed in relation to one or
more
lots
by
special conditions
. The template form of
sale
memorandum
is not compulsory but is to be varied only
if
we
agree. The template forms of
special conditions
and
schedules are recommended, but are not compulsory and
may be changed by the
seller
of a
lot
.
G1. The lot
G1.1 The lot (including any rights to be granted or
reserved, and any exclusions from it) is described in
the special conditions, or if not so described the lot
is that referred to in the sale memorandum.
G1.2 The lot is sold subject to any tenancies disclosed by
the special conditions, but otherwise with vacant
possession on completion.
G1.3 The lot is sold subject to all matters contained or
referred to in the documents. The
seller
must
discharge
financial charges
on or before
completion
.
G1.4 The lot is also sold subject to such of the following
as may affect it, whether they arise before or after the
contract date and whether or not they are disclosed
by the seller or are apparent from inspection of the
lot or from the documents:
(a) matters registered or capable of registration as
local land charges;
(b) matters registered or capable of registration by
any competent authority or under the provisions of
any statute;
(c) notices, orders, demands, proposals and
requirements of any competent authority;
(d) charges, notices, orders, restrictions, agreements
and other matters relating to town and country
planning, highways or public health;
(e) rights, easements, quasi-easements, and
wayleaves;
(f) outgoings and other liabilities;
(g) any interest which overrides, within the meaning of
the Land Registration Act 2002;
(h) matters that ought to be disclosed by the
searches and enquiries a prudent
buyer
would
make, whether or not the buyer has made them;
and
(i) anything the seller does not and could not
reasonably know about.
G1.5 Where anything subject to which the lot is sold would
expose the seller to liability the buyer is to comply
with it and indemnify the seller against that liability.
G1.6 The seller must notify the buyer of any notices,
orders, demands, proposals and requirements of
any competent authority of which it learns after the
contract date but the buyer must comply with them
and keep the seller indemnified.
G1.7 The lot does not include any tenant’s or trade fixtures
or fittings. The
special conditions
state whether any
chattels are included in the
lot
, but if they are:
(a) the
buyer
takes them as they are at
completion
and
the
seller
is not liable if they are not fit for use and
(b) the
seller
is to leave them in the lot.
G1.8 The buyer buys with full knowledge of:
(a) the documents, whether or not the buyer has
read them; and
(b) the physical condition of the lot and what could
reasonably be discovered on inspection of it,
whether or not the buyer has inspected it.
G1.9 The
buyer
admits that it is not relying on the
information contained in the
particulars
or on any
representations made by or on behalf of the seller
but the buyer may rely on the
seller’s
conveyancer’s
written replies to written enquiries to the extent stated
in those replies.
G2. Deposit
G2.1 The amount of the deposit is the greater of:
(a) any minimum deposit stated in the auction
conduct conditions (or the total price, if this is
less than that minimum); and
(b) 10% of the price (exclusive of any VAT on the
price).
G2.2 If a cheque for all or part of the deposit is not cleared
on first presentation the seller may treat the contract
as at an end and bring a claim against the buyer for
breach of
contract
.
G2.3 Interest earned on the deposit belongs to the seller
unless the sale conditions provide otherwise.
G3. Between contract and completion
G3.1 From the
contract
date the
seller
has no obligation to
insure the
lot
and the
buyer
bears all risks of loss or
damage unless
(a) the
lot
is sold subject to a
tenancy
that requires
the
seller
to insure the lot
(b) the
special conditions
require the
seller
to insure
the
lot
G3.2 If the
seller
is required to insure the
lot
then the
seller
(a) must produce to the
buyer
on request, all relevant
insurance details;
(b) must use reasonable endeavours to maintain that
or equivalent insurance and pay the premiums
when due;
(c) gives no warranty as to the adequacy of the
insurance
(d) must at the request of the
buyer
use reasonable
endeavours to have the
buyer’s
interest noted
on the policy if it does not cover a contracting
purchaser;
(e) must, unless otherwise agreed, cancel the
insurance at
completion
, apply for a refund of
premium and (subject to the rights of any tenant or
other third party) pay that refund to the
buyer
; and
(f) (subject to the rights of any tenant or other third
party) hold on trust for the
buyer
any insurance
payments that the
seller
receives in respect of loss
or damage arising after the
contract
date
, or assign
to the
buyer
the benefit of any claim;
and the
buyer
must on
completion
reimburse the
seller
the cost of that insurance as from the
contract date
(to
the extent not already paid by the
buyer
or a tenant or
other third party).
G3.3 No damage to or destruction of the
lot
nor any
deterioration in its
condition
, however caused,
entitles the
buyer
to any reduction in
price
, or to
delay
completion
, or to refuse to complete.
G3.4 Section 47 of the Law of Property Act 1925 does not
apply to the contract.
G3.5 Unless the buyer is already lawfully in occupation of
the lot the buyer has no right to enter into occupation
prior to completion.
G4. Title and identity
G4.1 Unless condition G4.2 applies, the buyer accepts
the title of the seller to the lot as at the contract
date and may raise no requisition or objection to any
of the
documents
that are made available before the
auction
or any other matter, except one that occurs
after the
contract date
.
G4.2 The following provisions apply only to any of the
following
documents
that is not made available before
the auction:
(a) If the lot is registered land the seller is to give
to the buyer within five business days of the
contract date an official copy of the entries on
the register and title plan and, where noted on the
register, of all
documents
subject to which the lot is
being sold.
(b) If the lot is not registered land the seller is to
give to the buyer within five business days of
the contract date an abstract or epitome of title
starting from the root of title mentioned in the
special conditions (or, if none is mentioned,
a good root of title more than fifteen years old)
and must produce to the buyer the original or an
examined copy of every relevant
document.
(c)
If title is in the course of registration, title is to
consist of:
(i) certified copies of the application for registration
of title made to the land registry and of the
documents
accompanying that application.
(ii) evidence that all applicable stamp duty land tax
relating to that application has been paid; and
(iii) a letter under which the seller or its
conveyancer agrees to use all reasonable
endeavours to answer any requisitions raised by
the land registry and to instruct the land registry to
send the completed registration
documents
to the
buyer.
(d) The buyer has no right to object to or make
requisitions on any title information more than
seven business days after that information has
been given to the buyer.
G4.3 Unless otherwise stated in the special conditions
the seller sells with full title guarantee except that
(and the transfer shall so provide):
(a) the covenant set out in section 3 of the Law of
Property (Miscellaneous Provisions) Act 1994 shall
not extend to matters recorded in registers open
to public inspection; these are to be treated as
within the actual knowledge of the buyer; and
(b) the covenant set out in section 4(1)(b) of the Law
of Property (Miscellaneous Provisions) Act 1994
shall not extend to any condition or tenant’s
obligation relating to the state or condition of the
lot
where the lot is leasehold property.
G4.4 The transfer is to have effect as if expressly subject
to all matters subject to which the lot is sold under the
contract.
G4.5 The seller does not have to produce, nor may the
buyer object to or make a requisition in relation to,
any prior or superior title even if it is referred to in the
documents.
G4.6 The seller (and, if relevant, the buyer) must produce
to each other such confirmation of, or evidence
of, their identity and that of their mortgagees and
attorneys (if any) as is necessary for the other to be
able to comply with applicable Money Laundering
Regulations Land Registry Rules.
G5. Transfer
G5.1 Unless a form of transfer is prescribed by the
special conditions:
(a) the buyer must supply a draft transfer to the
seller at least ten business days before the
agreed completion
date
and the engrossment
(signed as a deed by the buyer if condition G5.2
applies) five business days before that date or (if
later) two business days after the draft has been
approved by the seller; and
(b) the seller must approve or revise the draft
transfer within five business days of receiving it
from the buyer.
G5.2 If the seller has any liability (other than to the buyer) in
relation to the lot or a tenancy following completion
the buyer is specifically to covenant in the transfer to
indemnify the seller against that liability.
G5.3 The seller cannot be required to transfer the lot to
anyone other than the buyer, or by more than one
transfer.
G5.4 Where the
special conditions
state that the
seller
is to
grant a new lease to the
buyer
(
a) the
conditions
are to be read so that the
transfer
refers to the new lease, the
seller
to the
proposed landlord and the
buyer
to the
proposed tenant;
(b) the form of the new lease is that described by
the
special conditions
; and
(c) the
seller
is to produce, at least five business
days before the
agreed completion date
, the
engrossed counterpart lease, which the
buyer
is to sign and deliver to the
seller
on
completion.
G6. Completion
G6.1 Completion is to take place at the offices of the
seller’s conveyancer, or where the seller may
reasonably require, on the agreed completion date.
The seller can only be required to complete on a
business day and between the hours of 0930 and
1700.
G6.2 The amount payable on completion is the balance of
the price adjusted to take account of apportionments
plus (if applicable) VAT and interest but no other
amounts unless specified in the
special conditions
.
G6.3 Payment is to be made in pounds sterling and only by:
(a) direct transfer from the
buyer’s
conveyancer to the
seller’s conveyancer; and
(b) the release of any deposit held by a stakeholder
or in such a manner as the
seller’s
conveyancer
may agree.
G6.4 Unless the seller and the buyer otherwise agree,
completion cannot take place until both have
complied with their obligations under the contract
that they are obliged to comply with prior to
completion
, and the amount payable on
completion
is
unconditionally received in the
seller’s
conveyancer’s
client account or as otherwise required by the terms
of the
contract
.
G6.5 If completion takes place after 1400 hours for a
reason other than the seller’s default it is to be
treated, for the purposes of apportionment and
calculating interest, as if it had taken place on the next
business day.
G6.6 Where applicable the contract remains in force
following completion.
G7. Notice to complete
G7.1 The seller or the buyer may on or after the agreed
completion date but before completion give the
other notice to complete within ten business days
(excluding the date on which the notice is given)
making time of the essence.
G7.2 The person giving the notice must be ready to
complete.
G7.3 If the buyer fails to comply with a notice to complete
the seller may, without affecting any other remedy
the seller has:
(a) terminate the contract;
(b) claim the deposit and any interest on it if held by
stakeholder;
(c) forfeit the deposit and any interest on it;
(d) resell the lot; and
(e) claim damages from the buyer.
G7.4 If the seller fails to comply with a notice to complete
the buyer may, without affecting any other remedy
the buyer has:
General conditions of sale
26
(a) terminate the contract; and
(b) recover the deposit and any interest on it from the
seller or, if applicable, a stakeholder.
G8. If the contract is brought to an end
If the contract is lawfully brought to an end:
(a) the buyer must return all papers to the seller
and appoints the seller its agent to cancel any
registration of the contract; and
(b) the seller must return the deposit and any
interest on it to the buyer (and the buyer may
claim it from the stakeholder, if applicable) unless
the seller is entitled to forfeit the deposit under
condition G7.3.
G9. Landlord’s licence
G9.1 Where the lot is or includes leasehold land and
licence to assign or sublet is required this condition
G9 applies.
G9.2 The contract is conditional on that licence being
obtained, by way of formal licence if that is what the
landlord lawfully requires.
G9.3 The agreed completion date is not to be earlier
than the date five business days after the seller
has given notice to the buyer that licence has been
obtained (“licence notice”).
G9.4 The seller must:
(a) use all reasonable endeavours to obtain the
licence at the seller’s expense; and
(b) enter into any Authorised Guarantee Agreement
(“AGA”) properly required (procuring a guarantee
of that AGA if lawfully required by the landlord).
G9.5 The buyer must:
(a) promptly provide references and other relevant
information; and
(b) comply with the landlord’s lawful requirements.
G9.6 If within three months of the contract date (or such
longer period as the seller and buyer agree) the
seller
has not given licence notice to the
buyer
the
seller or the buyer may (if not then in breach of any
obligation under this condition G9) by notice to the
other terminate the contract at any time before the
seller
has given licence notice. That termination is
without prejudice to the claims of either seller or
buyer for breach of this condition G9.
G10. Interest and apportionments
G10.1 If the actual completion date is after the agreed
completion date for any reason other than the
seller’s default the buyer must pay interest at the
interest rate on the money due from the buyer
at
completion
for the period starting on the
agreed
completion date
and ending on the
actual completion
date.
G10.2 Subject to condition G11 the seller is not obliged
to apportion or account for any sum at completion
unless the seller has received that sum in cleared
funds. The seller must promptly pay to the buyer
after completion any sum to which the buyer is
entitled that the seller subsequently receives in
cleared funds.
G10.3 Income and outgoings are to be apportioned at
actual
completion date unless:
(a) the buyer is liable to pay interest; and
(b) the seller has given notice to the buyer at any
time up to completion requiring apportionment
on the date from which interest becomes payable
by the buyer;
in which event income and outgoings are to be
apportioned on the date from which interest
becomes payable by the buyer.
G10.4 Apportionments are to be calculated on the basis
that:
(a) the seller receives income and is liable for
outgoings for the whole of the day on which
apportionment is to be made;
(b) annual income and expenditure accrues at an
equal daily rate assuming 365 days in a year (or
366 in a leap year), and income and expenditure
relating to some other period accrues at an equal
daily rate during the period to which it relates; and
(c) where the amount to be apportioned is not known
at completion apportionment is to be made by
reference to a reasonable estimate and further
payment is to be made by seller or buyer as
appropriate within five business days of the date
when the amount is known.
G10.5 If a payment due from the
buyer
to the
seller
on or
after
completion
is not paid by the due date, the
buyer
is to pay interest to the
seller
at the
interest rate
on
that payment from the due date up to and including
the date of payment.
G11. Arrears
Part 1 Current rent
G11.1 “Current rent” means, in respect of each of the
tenancies subject to which the
lot
is sold, the
instalment of rent and other sums payable by the
tenant on the most recent rent payment date on or
within four months preceding completion.
G11.2 If on completion there are any arrears of current
rent the buyer must pay them, whether or not
details of those arrears are given in the special
conditions.
G11.3 Parts 2 and 3 of this condition G11 do not apply to
arrears of current rent.
Part 2 Buyer to pay for arrears
G11.4 Part 2 of this condition G11 applies where the
special conditions give details of arrears.
G11.5 The buyer is on completion to pay, in addition to
any other money then due, an amount equal to all
arrears of which details are set out in the special
conditions.
G11.6 If those arrears are not old arrears the seller is to
assign to the buyer all rights that the seller has to
recover those arrears.
Part 3 Buyer not to pay for arrears
G11.7 Part 3 of this condition G11 applies where the
special conditions:
(a) so state; or
(b) give no details of any arrears.
G11.8 While any arrears due to the seller remain unpaid
the buyer must:
(a) try to collect them in the ordinary course of
management but need not take legal proceedings
or forfeit the tenancy;
(b) pay them to the seller within five business days
of receipt in cleared funds (plus interest at the
interest rate calculated on a daily basis for each
subsequent day’s delay in payment);
(c) on request, at the cost of the seller, assign
to the seller or as the seller may direct the
right to demand and sue for old arrears, such
assignment to be in such form as the seller’s
conveyancer may reasonably require;
(d) if reasonably required, allow the seller’s
conveyancer to have on loan the counterpart of
any tenancy against an undertaking to hold it to
the buyer’s order;
(e) not without the consent of the seller release
any tenant or surety from liability to pay arrears
or accept a surrender of or forfeit any tenancy
under which arrears are due; and
(f) if the buyer disposes of the lot prior to recovery
of all arrears obtain from the buyer’s successor
in title a covenant in favour of the seller in similar
form to part 3 of this condition G11.
G11.9 Where the seller has the right to recover arrears it
must not without the buyer’s written consent bring
insolvency proceedings against a tenant or seek the
removal of goods from the lot.
G12. Management
G12.1 This condition G12 applies where the
lot is sold
subject to
tenancies.
G12.2 The seller is to manage the lot in accordance
with its standard management policies pending
completion.
G12.3 The seller must consult the buyer on all
management issues that would affect the buyer
after completion (such as, but not limited to, an
application for licence; a rent review; a variation,
surrender, agreement to surrender or proposed
forfeiture of a tenancy; or a new tenancy or
agreement to grant a new tenancy) and:
(a) the seller must comply with the buyer’s
reasonable requirements unless to do so would
(but for the indemnity in paragraph (c)) expose
the seller to a liability that the seller would not
otherwise have, in which case the seller may act
reasonably in such a way as to avoid that liability;
(b) if the seller gives the buyer notice of the seller’s
intended act and the buyer does not object
within five business days giving reasons for
the objection the seller may act as the seller
intends; and
(c) the buyer is to indemnify the seller against all
loss or liability the seller incurs through acting as
the buyer requires, or by reason of delay caused
by the buyer.
G13. Rent deposits
G13.1 Where any
tenancy
is an assured shorthold
tenancy
, the
seller
and the
buyer
are to comply with
their respective statutory duties in relation to the
protection of tenants’ deposits, and to demonstrate
in writing to the other (before
completion
, so far as
practicable) that they have complied.
G13.2 The remainder of this condition G13 applies where
the seller is holding or otherwise entitled to money
by way of rent deposit in respect of a tenancy. In this
condition G13 “rent deposit deed” means the deed
or other
document
under which the rent deposit is
held.
G13.3 If the rent deposit is not assignable the seller must
on completion hold the rent deposit on trust for the
buyer and, subject to the terms of the rent deposit
deed, comply at the cost of the buyer with the
buyer’s lawful instructions.
G13.4 Otherwise the seller must on completion pay and
assign its interest in the rent deposit to the buyer
under an assignment in which the buyer covenants
with the seller to:
(a) observe and perform the seller’s covenants and
conditions in the rent deposit deed and indemnify
the seller in respect of any breach;
(b) give notice of assignment to the tenant; and
(c) give such direct covenant to the tenant as may be
required by the rent deposit deed.
G14. VAT
G14.1 Where a sale condition requires money to be paid
or other consideration to be given, the payer must
also pay any VAT that is chargeable on that money
or consideration, but only if given a valid VAT invoice.
G14.2 Where the special conditions state that no VAT
option has been made the seller confirms that none
has been made by it or by any company in the same
VAT group nor will be prior to completion.
G15. Transfer as a going concern
G15.1 Where the special conditions so state:
(a) the seller and the buyer intend, and will take all
practicable steps (short of an appeal) to procure,
that the sale is treated as a transfer of a going
concern; and
(b) this condition G15 applies.
G15.2 The seller confirms that the seller
(a) is registered for VAT, either in the seller’s name
or as a member of the same VAT group; and
(b) has (unless the sale is a standard-rated supply)
made in relation to the lot a VAT
option
that
remains valid and will not be revoked before
completion.
G15.3 The buyer confirms that:
(a) it is registered for VAT, either in the buyer’s name
or as a member of a VAT group;
(b) it has made, or will make before completion,
a VAT option in relation to the lot and will not
revoke it before or within three months after
completion;
(c) article 5(2B) of the Value Added Tax (Special
Provisions) Order 1995 does not apply to it; and
(d) it is not buying the lot as a nominee for another
person.
G15.4 The buyer is to give to the seller as early as possible
before the agreed completion date evidence:
(a) of the buyer’s VAT registration;
(b) that the buyer has made a VAT option; and
(c) that the VAT option has been notified in writing
to HM Revenue and Customs;
and if it does not produce the relevant evidence
at least two business days before the agreed
completion date, condition G14.1 applies at
completion.
G15.5 The buyer confirms that after completion the buyer
intends to:
(a) retain and manage the lot for the buyers own
benefit as a continuing business as a going
concern subject to and with the benefit of the
tenancies; and
(b) collect the rents payable under the tenancies
and charge VAT on them
G15.6 If, after completion, it is found that the sale of the
lot is not a transfer of a going concern then:
(a) the seller’s conveyancer is to notify the buyer’s
conveyancer of that finding and provide a VAT
invoice in respect of the sale of the lot;
(b) the buyer must within five business days of
receipt of the VAT invoice pay to the seller the
VAT due; and
(c) if VAT is payable because the buyer has not
complied with this condition G15, the buyer
must pay and indemnify the seller against all
costs, interest, penalties or surcharges that the
seller incurs as a result.
G16. Capital allowances
G16.1 This condition G16 applies where the special
conditions state that there are capital allowances
available in respect of the lot.
G16.2 The seller is promptly to supply to the buyer all
information reasonably required by the buyer
in connection with the buyer’s claim for capital
allowances.
G16.3 The value to be attributed to those items on which
capital allowances may be claimed is set out in the
special conditions.
G16.4 The seller and buyer agree:
(a) to make an election on completion under
Section 198 of the Capital Allowances Act 2001
to give effect to this condition G16; and
27
(b) to submit the value specified in the special
conditions to HM Revenue and Customs for the
purposes of their respective capital allowance
computations.
G17. Maintenance agreements
G17.1 The seller agrees to use reasonable endeavours to
transfer to the buyer, at the buyer’s cost, the benefit
of the maintenance agreements specified in the
special conditions.
G17.2 The buyer must assume, and indemnify the seller
in respect of, all liability under such agreements from
the actual completion date.
G18. Landlord and Tenant Act 1987
G18.1 This condition G18 applies where the sale is a
relevant disposal for the purposes of part I of the
Landlord and Tenant Act 1987.
G18.2 The seller warrants that the seller has complied with
sections 5B and 7 of that Act and that the requisite
majority of qualifying tenants has not accepted the
offer.
G19. Sale by practitioner
G19.1 This condition G19 applies where the sale is by
a practitioner either as seller or as agent of the
seller.
G19.2 The practitioner has been duly appointed and is
empowered to sell the lot.
G19.3 Neither the practitioner nor the firm or any member
of the firm to which the practitioner belongs has
any personal liability in connection with the sale or
the performance of the seller’s obligations. The
transfer is to include a declaration excluding that
personal liability.
G19.4 The lot is sold:
(a) in its condition at completion;
(b) for such title as the seller may have; and
(c) with no title guarantee;
and the buyer has no right to terminate the
contract
or any other remedy if information provided about the
lot is inaccurate, incomplete or missing.
G19.5 Where relevant:
(a) the documents must include certified copies
of those under which the pra
ctiti
oner is
appointed, the
document
of appointment and the
practitioner’s acceptance of appointment; and
(b) the seller may require the transfer to be by the
lender exercising its power of sale under the Law
of Property Act 1925.
G19.6 The buyer understands this condition G19 and
agrees that it is fair in the circumstances of a sale by a
practitioner.
G20. TUPE
G20.1 If the special conditions state “There are no
employees to which TUPE applies”, this is a warranty
by the seller to this effect.
G20.2 If the special conditions do not state “There are
no employees to which TUPE applies” the following
paragraphs apply:
(a) The seller must notify the buyer of those
employees whose contracts of employment
will transfer to the buyer on completion (the
“Transferring Employees”). This notification must
be given to the buyer not less than 14 days
before completion.
(b) The buyer confirms that it will comply with
its obligations under TUPE and any special
conditions in respect of the Transferring
Employees.
(c) The buyer and the seller acknowledge that
pursuant and subject to TUPE, the contracts of
employment between the Transferring Employees
and the seller will transfer to the buyer on
completion.
(d) The buyer is to keep the seller indemnified
against all liability for the Transferring Employees
after completion.
G21. Environmental
G21.1 This condition G21 only applies where the special
conditions so provide.
G21.2 The seller has made available such reports as the
seller has as to the environmental condition of the
lot and has given the buyer the opportunity to carry
out investigations (whether or not the buyer has read
those reports or carried out any investigation) and the
buyer admits that the price takes into account the
environmental condition of the lot.
G21.3 The buyer agrees to indemnify the seller in respect
of all liability for or resulting from the environmental
condition of the lot.
G22. Service Charge
G22.1 This condition G22 applies where the lot is sold
subject to tenancies that include service charge
provisions.
G22.2 No apportionment is to be made at completion in
respect of service charges.
G22.3 Within two months after completion the seller
must provide to the buyer a detailed service charge
account for the service charge year current on
completion showing:
(a) service charge expenditure attributable to each
tenancy;
(b) payments on account of service charge received
from each tenant;
(c) any amounts due from a tenant that have not
been received;
(d) any service charge expenditure that is not
attributable to any tenancy and is for that reason
irrecoverable.
G22.4 In respect of each tenancy, if the service charge
account shows:
(a) that payments that the tenant has made on
account exceed attributable service charge
expenditure, the
seller
must pay to the
buyer
an
amount equal to that excess when it provides the
service charge account; or;
(b) that attributable service charge expenditure
exceeds payments made on account, the
buyer
must use all reasonable endeavours to
recover the shortfall from the tenant as soon as
practicable and promptly pay the amount so
recovered to the
seller
;
but in respect of payments on account that are still
due from a tenant condition G11 (arrears) applies.
G22.5 In respect of service charge expenditure that is not
attributable to any tenancy the seller must pay the
expenditure incurred in respect of the period before
actual completion date and the buyer must pay
the expenditure incurred in respect of the period after
actual completion date. Any necessary monetary
adjustment is to be made within five business days
of the seller providing the service charge account to
the buyer.
G22.6 If the seller holds any reserve or sinking fund on
account of future service charge expenditure or a
depreciation fund:
(a) the seller must pay it (including any interest
earned on it) to the buyer on completion; and
(b) the buyer must covenant with the seller to hold
it in accordance with the terms of the tenancies
and to indemnify the seller if it does not do so.
G23. Rent reviews
G23.1 This condition G23 applies where the lot is sold
subject to a tenancy under which a rent review due
on or before the actual completion date has not
been agreed or determined.
G23.2 The seller may continue negotiations or rent review
proceedings up to the actual completion date
but may not agree the level of the revised rent or
commence rent review proceedings without the
written consent of the buyer, such consent not to be
unreasonably withheld or delayed.
G23.3 Following completion the buyer must complete
rent review negotiations or proceedings as soon as
reasonably practicable but may not agree the level
of the revised rent without the written consent of
the seller, such consent not to be unreasonably
withheld or delayed.
G23.4 The seller must promptly:
(a) give to the buyer full details of all rent review
negotiations and proceedings, including copies of
all correspondence and other papers; and
(b) use all reasonable endeavours to substitute
the buyer for the seller in any rent review
proceedings.
G23.5 The seller and the buyer are to keep each other
informed of the progress of the rent review and have
r
egard to any proposals the other makes in relation to
it.
G23.6 When the rent review has been agreed or determined
the buyer must account to the seller for any
increased rent and interest recovered from the tenant
that relates to the seller’s period of ownership within
five business days of receipt of cleared funds.
G23.7 If a rent review is agreed or determined before
completion but the increased rent and any interest
recoverable from the tenant has not been received
by completion the increased rent and any interest
recoverable is to be treated as arrears.
G23.8 The seller and the buyer are to bear their own
costs in relation to rent review negotiations and
proceedings.
G24. Tenancy renewals
G24.1 This condition G24 applies where the tenant under
a tenancy has the right to remain in occupation
under part II of the Landlord and Tenant Act 1954
(as amended) and references to notices and
proceedings are to notices and proceedings under
that Act.
G24.2 Where practicable, without exposing the seller to
liability or penalty, the seller must not without the
written consent of the buyer (which the buyer must
not unreasonably withhold or delay) serve or respond
to any notice or begin or continue any proceedings.
G24.3 If the seller receives a notice the seller must send a
copy to the buyer within five business days and act
as the buyer reasonably directs in relation to it.
G24.4 Following completion the buyer must:
(a) with the co-operation of the seller take
immediate steps to substitute itself as a party to
any proceedings;
(b) use all reasonable endeavours to conclude any
proceedings or negotiations for the renewal of the
tenancy and the determination of any interim rent
as soon as reasonably practicable at the best rent
or rents reasonably obtainable; and
(c) if any increased rent is recovered from the tenant
(whether as interim rent or under the renewed
tenancy) account to the seller for the part of
that increase that relates to the seller’s period of
ownership of the lot within five business days of
receipt of cleared funds.
G24.5 The seller and the buyer are to bear their own costs
in relation to the renewal of the tenancy and any
proceedings relating to this.
G25. Warranties
G25.1 Available warranties are listed in the special
conditions.
G25.2 Where a warranty is assignable the seller must:
(a) on completion assign it to the buyer and give
notice of assignment to the person who gave the
warranty; and
(b) apply for (and the seller and the buyer must use
all reasonable endeavours to obtain) any consent
to assign that is required. If consent has not been
obtained by completion the warranty must be
assigned within five business days after the
consent has been obtained.
G25.3 If a warranty is not assignable the seller must after
completion:
(a) hold the warranty on trust for the buyer; and
(b) at the buyer’s cost comply with such of the
lawful instructions of the buyer in relation to the
warranty as do not place the seller in breach of
its terms or expose the seller to any liability or
penalty.
G26. No assignment
The buyer must not assign, mortgage or otherwise
transfer
or part with the whole or any part of the
buyer’s interest under this contract.
G27. Registration at the Land Registry
G27.1 This condition G27.1 applies where the lot is
leasehold and its sale either triggers first registration
or is a registrable disposition. The buyer must at its
own expense and as soon as practicable:
(a) procure that it becomes registered at Land
Registry as proprietor of the lot;
(b) procure that all rights granted and reserved by
the lease under which the lot is held are properly
noted against the affected titles; and
(c) provide the seller with an official copy of the
register relating to such lease showing itself
registered as proprietor.
G27.2 This condition G27.2 applies where the lot
comprises part of a registered title. The buyer must
at its own expense and as soon as practicable:
(a) apply for registration of the transfer;
(b) provide the seller with an official copy and title
plan for the buyer’s new title; and
(c) join in any representations the seller may properly
make to Land Registry relating to the application.
G28. Notices and other communications
G28.1 All communications, including notices, must be in
writing. Communication to or by the seller or the
buyer may be given to or by their conveyancers.
G28.2 A communication may be relied on if:
(a) delivered by hand; or
(b) made electronically and personally acknowledged
(automatic acknowledgement does not count); or
(c) there is proof that it was sent to the address of the
person to whom it is to be given (as specified in
the sale memorandum) by a postal service that
offers normally to deliver mail the next following
business day.
G28.3 A communication is to be treated as received:
(a) when delivered, if delivered by hand; or
(b) when personally acknowledged, if made
electronically;
but if delivered or made after 1700 hours on a
business day a communication is to be treated
as received on the next business day.
G28.4 A communication sent by a postal service that
offers normally to deliver mail the next following
business day will be treated as received on the
second business day after it has been posted.
G29. Contracts (Rights of Third Parties) Act 1999
No one is intended to have any benefit under the
contract pursuant to the
contract
(Rights of Third
Parties) Act 1999.
24
Registration details
Please select a method of bidding: Proxy Telephone
Date of auction
Lot number
Address of lot
Maximum bid price
£
in words
Bidder contact details
Full name
Address
Telephone no
Home
Mobile
Business
Please indicate preferred number to be contacted for
telephone bid
Deposit
Please enclose a bankers draft only.
Identification
Please supply a copy of your certified passport or driving licence
and a certified utility bill.
I enclose a bankers draft made payable to Romans for
10% deposit of my maximum bid (minimum £4,000, if the
sale price is less than £40,000, unless specified otherwise
in special conditions).
I also enclose a separate cheque for £950 plus VAT = £1,140
(£550 plus VAT = £660 on purchases below £20,000)
payable to Romans in respect of the buyers charge.
10% deposit £
Buyers charge £
Total enclosed £
I instruct and authorise Romans to bid on my behalf in
accordance with the terms and conditions printed on the
reverse of this page and I understand that should my bid be
successful the offer will be binding upon me and that I will
be legally bound by the applicable Conditions of Sale and
any addenda applicable to the property and by the terms
of the Notices to Prospective Buyers. Romans will bid on
my behalf if required, taking my instructions in this respect
on the telephone when the relevant lot is being sold at
the auction. I authorise you to record such bidding and
instructions in order to avoid any doubts and disputes.
Details for completion of sale memorandum
Full name, address and telephone number of the buyer
(i.e. the person, firm or company who is intended to be the
owner of the property.
Full name
Address
Telephone no
Fax no
Email
Buyer’s solicitor details
Contact
Name of firm
Address
Telephone no
Fax no
Signature of prospective buyer or person signing on
buyer’s behalf
Name
Full name and address of signatory if different from buyer’s
details above
Date of signature
Please return to Simon Clayton, Romans Auctions,
23 Market Place, Wokingham, Berkshire RG40 1AP.
To be received no later than one working day prior to
the auction. For further information please contact
0800 093 9994 or email: auctions@romans.co.uk
To be completed by Romans Auctions in the event that the
bidder is successful:
Sale price: £
PLEASE COMPLETE IN BLOCK CAPITALS
1,140 inc VAT
1140
25
These terms and conditions apply
to and are binding upon all remote
prospective buyers whether by proxy or
telephone.
1. A prospective buyer should complete
and sign the registration form overleaf. In
particular the prospective proxy buyer should
complete the form showing the maximum
price exclusive of Value Added Tax which the
prospective buyer authorises the auctioneer to
bid for a particular lot.
The maximum price to which the auctioneer
is authorised to bid must be an exact figure
(accordingly wording such as “£100 over
the highest bid in the room” will not be
acceptable). The auctioneer reserves the
right not to bid on behalf of the prospective
buyer should there be any error or confusion
in respect of these instructions or the
accompanying deposit.
A separate form must be completed for each
lot for which a prospective buyer requires the
auctioneer to bid.
The completed form or forms, together with a
certified copy of a driving licence or passport
and a certified utility bill must be delivered to
Simon Clayton, Romans Auctions,
23 Market Place, Wokingham, Berkshire
RG40 1AP by hand or post so that it is not
received less than 24 hours prior to the
time of the commencement of the auction
at which the particular lot is to be sold. The
commencement time of the auction is shown
in the catalogue.
Any agreement to alter any proxy or telephone
bidding form at any time prior to, or on the
day of the auction, must be in writing.
2. The prospective proxy buyer appoints
the auctioneer as agent and authorises the
auctioneer to bid for the relevant lot on behalf
of the prospective buyer in such manner
as the auctioneer thinks fit in his absolute
discretion.
3. The prospective buyer shall be considered
to have inspected the auction catalogue for
the relevant lot, all conditions of sale, notices
to prospective buyers and also any addenda
relating to the lot and have full knowledge
thereof in accordance with the terms and
conditions of the auction catalogue. Romans,
or any person authorised by Romans will sign
any memorandum or contract incorporating
such matters on behalf of the relevant parties.
4. Prospective proxy and telephone
buyers should send with this form
a bankers draft drawn on a United
Kingdom branch of a bank representing
10% of the maximum price to which
the prospective buyer wishes the
auctioneer to bid (minimum £4,000,
if the sale price is less than £40,000,
unless specified otherwise in special
conditions). Where the particular lot is
purchased below the maximum bid figure the
balance of the deposit will be considered as
an additional deposit towards the purchase
price and the prospective buyer authorises
the auctioneer to retain the same for such
purpose.
5. The prospective buyer may in writing only
at any time up to the commencement of the
auction in which the particular lot is to be sold
withdraw the auctioneer’s authority to bid. It is
the prospective buyers responsibility to ensure
that the auctioneer personally receives such
instructions and he should check to ensure
such instructions have been received.
6. Unless the relevant lot is sold to the
prospective buyer the amount of the
prospective buyer’s bid will not be disclosed
to the seller or any other person either during
or after the sale without the consent of the
prospective buyer.
7. The auctioneer reserves the right to bid
himself or through an agent up to the reserve
price for the particular lot.
8. The auctioneer will make no charge
to a prospective buyer for this service
and will accept no liability whatsoever for
any bid not being made on behalf of the
prospective buyer whether through lack of
clarity of instructions or for any other reason
whatsoever. Prospective telephone buyers
will not hold Romans liable for any loss or
claims relating to the telephone bidding
system or the interruption or suspension
of these services. The prospective buyer
will be advised if the relevant lot has been
successfully purchased on his behalf as soon
as possible after the auction. Where the lot
has not been purchased the prospective
buyer will be notified by post and the deposit
returned as soon as reasonably possible. For
the avoidance of doubt, Romans shall not be
obliged to account to the prospective buyer
for any interest accrued on such deposit.
9. Prospective buyers are advised to
telephone the auction department of
Romans (0800 093 9994) between 8.30am
and 10.30am on the day of the auction to
ensure that there are no amendments to the
particulars of sale or conditions relating to
the relevant lot or other matters relating to
it. The prospective buyer will be deemed to
have knowledge of such amendments and
will buy subject to them in any event. If the
prospective buyer does not telephone and
any such amendments have been made,
the auctioneer may in his absolute discretion
decide not to bid for the relevant lot on the
prospective buyer’s behalf or refuse to accept
bids by or on behalf of prospective buyers
and the auctioneer will not be responsible for
any losses, costs or damages incurred by the
prospective buyer as a result thereof.
10. Should the prospective buyer wish to bid
at the auction in person or through an agent,
such intention must be notified in writing to
the auctioneer in person prior to the lot being
offered for sale. In this case, the auctioneer
will not make any bids on behalf of the
prospective buyer.
11. Prospective buyers are advised in
respect of telephone bids that should they
become disconnected during bidding or are
unobtainable Romans will bid or continue
to bid on behalf of the prospective buyer
up to the maximum amount of the signed
authorisation.
12. Personal cheques will not be
accepted for proxy and telephone bids.
Please send your deposit in the form
of banker’s draft only, made payable to
Romans.
13. The Money Laundering Regulations
As a requirement under this legislation,
any person buying or bidding at auction,
MUST produce documentation to confirm
their name and residential address.
You must provide one document from each
list on page 5 of this catalogue.
14. Romans is the trading name of
The Romans Group (UK) Limited,
Registered address:
Crowthorne House
Nine Mile Ride
Wokingham, Berkshire
RG40 3GZ.
Registered in England 2161874,
VAT 587443501
29
Terms and conditions for remote buyers
These terms and conditions apply
to and are binding upon all remote
prospective buyers whether by proxy or
telephone.
1. A prospective buyer should complete
and sign the registration form overleaf. In
particular the prospective proxy buyer should
complete the form showing the maximum
price exclusive of Value Added Tax which the
prospective buyer authorises the auctioneer to
bid for a particular lot.
The maximum price to which the auctioneer
is authorised to bid must be an exact figure
(accordingly wording such as “£100 over
the highest bid in the room” will not be
acceptable). The auctioneer reserves the
right not to bid on behalf of the prospective
buyer should there be any error or confusion
in respect of these instructions or the
accompanying deposit.
A separate form must be completed for each
lot for which a prospective buyer requires the
auctioneer to bid.
The completed form or forms, together with a
certified copy of a driving licence or passport
and a certified utility bill must be delivered to
Simon Clayton, Romans Auctions,
23 Market Place, Wokingham, Berkshire
RG40 1AP by hand or post so that it is not
received less than 24 hours prior to the
time of the commencement of the auction
at which the particular lot is to be sold. The
commencement time of the auction is shown
in the catalogue.
Any agreement to alter any proxy or telephone
bidding form at any time prior to, or on the
day of the auction, must be in writing.
2. The prospective proxy buyer appoints
the auctioneer as agent and authorises the
auctioneer to bid for the relevant lot on behalf
of the prospective buyer in such manner
as the auctioneer thinks fit in his absolute
discretion.
3. The prospective buyer shall be considered
to have inspected the auction catalogue for
the relevant lot, all conditions of sale, notices
to prospective buyers and also any addenda
relating to the lot and have full knowledge
thereof in accordance with the terms and
conditions of the auction catalogue. Romans,
or any person authorised by Romans will sign
any memorandum or contract incorporating
such matters on behalf of the relevant parties.
4. Prospective proxy and telephone
buyers should send with this form
a bankers draft drawn on a United
Kingdom branch of a bank representing
10% of the maximum price to which
the prospective buyer wishes the
auctioneer to bid (minimum £4,000,
if the sale price is less than £40,000,
unless specified otherwise in special
conditions). Where the particular lot is
purchased below the maximum bid figure the
balance of the deposit will be considered as
an additional deposit towards the purchase
price and the prospective buyer authorises
the auctioneer to retain the same for such
purpose.
5. The prospective buyer may in writing only
at any time up to the commencement of the
auction in which the particular lot is to be sold
withdraw the auctioneer’s authority to bid. It is
the prospective buyers responsibility to ensure
that the auctioneer personally receives such
instructions and he should check to ensure
such instructions have been received.
6. Unless the relevant lot is sold to the
prospective buyer the amount of the
prospective buyer’s bid will not be disclosed
to the seller or any other person either during
or after the sale without the consent of the
prospective buyer.
7. The auctioneer reserves the right to bid
himself or through an agent up to the reserve
price for the particular lot.
8. The auctioneer will make no charge
to a prospective buyer for this service
and will accept no liability whatsoever for
any bid not being made on behalf of the
prospective buyer whether through lack of
clarity of instructions or for any other reason
whatsoever. Prospective telephone buyers
will not hold Romans liable for any loss or
claims relating to the telephone bidding
system or the interruption or suspension
of these services. The prospective buyer
will be advised if the relevant lot has been
successfully purchased on his behalf as soon
as possible after the auction. Where the lot
has not been purchased the prospective
buyer will be notified by post and the deposit
returned as soon as reasonably possible. For
the avoidance of doubt, Romans shall not be
obliged to account to the prospective buyer
for any interest accrued on such deposit.
9. Prospective buyers are advised to
telephone the auction department of
Romans (0800 093 9994) between 8.30am
and 10.30am on the day of the auction to
ensure that there are no amendments to the
particulars of sale or conditions relating to
the relevant lot or other matters relating to
it. The prospective buyer will be deemed to
have knowledge of such amendments and
will buy subject to them in any event. If the
prospective buyer does not telephone and
any such amendments have been made,
the auctioneer may in his absolute discretion
decide not to bid for the relevant lot on the
prospective buyer’s behalf or refuse to accept
bids by or on behalf of prospective buyers
and the auctioneer will not be responsible for
any losses, costs or damages incurred by the
prospective buyer as a result thereof.
10. Should the prospective buyer wish to bid
at the auction in person or through an agent,
such intention must be notified in writing to
the auctioneer in person prior to the lot being
offered for sale. In this case, the auctioneer
will not make any bids on behalf of the
prospective buyer.
11. Prospective buyers are advised in
respect of telephone bids that should they
become disconnected during bidding or are
unobtainable Romans will bid or continue
to bid on behalf of the prospective buyer
up to the maximum amount of the signed
authorisation.
12. Personal cheques will not be
accepted for proxy and telephone bids.
Please send your deposit in the form
of banker’s draft only, made payable to
Romans.
13. The Money Laundering Regulations
As a requirement under this legislation,
any person buying or bidding at auction,
MUST produce documentation to confirm
their name and residential address.
You must provide one document from each
list on page 5 of this catalogue.
14. Romans is the trading name of
The Romans Group (UK) Limited,
Registered address:
Crowthorne House
Nine Mile Ride
Wokingham, Berkshire
RG40 3GZ.
Registered in England 2161874,
VAT 587443501
30
Buyer’s slip
Sale memorandum
Sale memorandum
27 February 2020
Date
Name and address of seller
Name and address of buyer
Name and address of bidder (if not the buyer)
The lot
The price ( excluding any VAT)
Deposit paid
The seller agrees to sell and the buyer agrees to buy the lot for the price.
This agreement is subject to the sale conditions so far as they apply to the lot
We acknowledge receipt of the deposit
Signed by the buyer
Signed by us as agent for the seller
The buyer’s conveyancer is
Name
Address
Contact
The seller’s conveyancer is
Name
Address
Contact
Notices to prospective buyers
These Notices are intended to assist you as
a prospective Buyer. Legal matters in the
UK can be complex and so the Notices, the
Common Auction Conditions printed towards
the back of this catalogue and any other
conditions, documents or matters affecting
the Lot you are interested in should be read
and considered carefully. Whilst the Sellers
of the Lots described in this catalogue have
used reasonable efforts to ensure that Lots are
correctly described, we strongly recommend
that you arrange for your professional advisors
to consider and advise you on all aspects of
your intended purchase.
1. Particulars of Sales
Measurements and areas referred to in
the catalogue particulars are approximate
only. It is your responsibility to check the
following matters in respect of each Lot
you are interested in before the Auction:
All measurements
Areas
The exact description and location of the
Lot
Details of any leases affecting the Lot
Whether any fixtures, fittings and contents
referred to in the catalogue particulars are
owned by the Seller
The current occupiers at and/or trading
from the Lot
The structural condition of the Lot and any
possible contamination or pollution of the
Lot
You are advised to check these matters
by:
Personally inspecting the Lot
Arranging to have the Lot professionally
surveyed
Arranging for an environmental survey to
be carried out in respect of the Lot
Making enquiries with the Auctioneers,
the Seller and the Seller’s professional
advisors
Making relevant searches and enquiries
with all appropriate authorities
2. Plans and Photographs
2.1 The plans and photographs shown
in the catalogue are included in order
to assist you in locating the Lot in
question. Similarly, any arrows on plans
or photographs are merely to assist you
in finding the Lot, not for the purpose of
indicating legal boundaries
2.2 The plans and photographs shown in the
catalogue do not form part of a contract of
sale relating to any of the Lots
2.3 Plans in the catalogue are reproduced
photographically and are not to scale so
the Auctioneers cannot guarantee that
they are accurate
2.4 The Auctioneers cannot guarantee:
That photographs show the current
occupier(s) of the Lot
That any occupiers are trading or are
actually in occupation of the relevant Lot
The state of repair and condition of the Lot
That any entities are shown in any street
trader plan are still trading or are still in
actual occupation of the Lot
2.5 Maps are Crown copyright; all rights
reserved; licence number 100020449; and
are for identification purposes only
3. Inspection and Vacant Possession
3.1 If you want to inspect the Lot before the
Auction, it may be possible to arrange
this with the Auctioneers on prior notice
and you should therefore contact them in
advance of the auction
3.2 Keys to Lots that are offered for sale
with vacant possession will normally be
made available to you on completion of
the sale. However, access to the Lot for
the purpose of inspection and/or carrying
out a survey might be available prior
to completion subject to obtaining the
Seller’s permission (you should approach
the Auctioneers about this)
3.3 You will be responsible for paying the cost
of any accompanied viewing of the Lot
prior to completion
4. Structure, Contamination and
Equipment
4.1 Neither the Auctioneers nor the Seller can
guarantee:
The structural condition of the Lot
The state or condition of any fixtures,
fittings or other items stated to be included
in the sale of the Lot
Whether or not the Lot or any fixtures,
fittings, or other equipment have been
properly or adequately constructed or are
suitable for their purpose
Whether or not there is any contamination
or pollution affecting the Lot or affecting
any other property in the neighbourhood
Whether or not the Lot complies with
any relevant legislation relating to the
environment, contamination, pollution or
dangerous substances
5. Conditions of Sale
5.1 If you are the successful Buyer of any
Lot, you will – from the moment the
Auctioneer’s gavel falls – become legally
bound by the Conditions of Sale in relation
to that Lot
5.2 It will be assumed that you have read and
considered the Conditions of sale and
any other relevant documents for the Lot
(s) you are interested in before the day of
the Auction, that you have shown them to
your professional advisors before bidding
5.3 The conditions of Sale consist of the
following:
These notices to prospective buyers
The Common Auction Conditions printed
towards the back of this catalogue or (in
the case of Scottish Lots) Articles of Roup
The Special Conditions of Sale for the
Lot (not printed in the catalogue but
obtainable from the Seller’s solicitors or
the Auctioneers)
Any addendum, or addenda relating to the
Lot
The Common Auction Conditions relate to
Lots situated in England and Wales and
contain the following sections:
Glossary – this gives special meaning to
certain words used in other parts of the
catalogue
Conduct of the Auction – these conditions
regulate the conduct of the Auction. If you
read the catalogue or attend the Auction,
you do so on the basis that you accept
them
General Conditions – these apply to
all Lots in England and Wales unless
otherwise stated
Extra Conditions – these are printed
towards the back of this catalogue and
also apply to all Lots in England and Wales
unless otherwise stated
5.4 An addendum will be available before
and will be distributed at the Auction.
This important document will detail any
corrections, amendments and/or additions
to the particulars and Conditions of Sale
for any of the Lots. It will be assumed that
you have read the Addendum before the
bidding.
5.5 Please note that some or all of the
Conditions of Sale relating to certain
Lots might be contained in a separate
catalogue or might be obtainable
separately from the Seller’s solicitors or
the Auctioneers
6. Liability of Bidder
6.1 If you bid at the Auction, you will be
personally liable in respect of any
accepted bid. This will be the case even
if you bid as agent or representative for
another agent
6.2 If you bid as agent or representative then
you and the person or organisation on
whose behalf you have bid will be jointly
and severally liable under the contract
of sale or (in the case of Scottish Lots)
minutes of enactment for the Lot
6.3 You (and your principal if you are bidding
as agent or representative) and, where
applicable, the nominee appointed by
qualifying tenants under the provisions of
the Landlord & Tenant Act 1987 and/or
the Housing Act 1996 will be jointly and
severally liable to pay the buyer’s charge
mentioned in the Auctioneer’s Pre-Sale
Announcements printed towards the front
of this catalogue
7. Order of Sale, Sales Prior to Auction
and Withdrawn Lots
7.1 Lots will be offered for sale at the Auction
in accordance with the Order of Sale
which will be distributed at the Auction.
It will provide details of all Lots that have
been sold prior to or withdrawn from sale
7.2 The Auctioneers have the right to sell Lots
or to withdraw Lots without giving reason
at any time before the sale begins
7.3 You should contact the Auctioneers before
the Auction to check whether any Lots
have been sold prior or withdrawn
7.4 Neither the Auctioneers nor the Seller will
have any responsibility towards you in
relation to any loss or wasted costs that
you may incur in respect of Lots sold
prior or withdrawn
8. Guide Prices and Reserves
8.1 The Auctioneers will publish a guide
price list when the catalogue is issued.
The guide price is also listed on the
website and other marketing material.
The guide price indicates the level of the
sellers reserve and minimum expectation
of the sale price.
8.2 The Auctioneers have not carried
out valuations for any of the Lots to
be offered for sale at the Auction.
Consequently, you must not treat the
published guide price for a Lot as
being a valuation of that Lot. Similarly,
you must not treat any estimate or
suggestion as to the price for which the
Lot might be sold or as to the price that
you might consider bidding for any Lot
as being a valuation of that Lot
8.3 Neither the Auctioneers nor the Seller
can accept any responsibility for any
loss, damage or cost that you might
incur as a result of relying on any guide,
estimate or suggestion as to price given
in respect of any Lot
8.4 You are strongly advised to consult your
own professional advisors regarding the
accuracy of the guide price and/or any
estimate or suggestion as to price given
by the Auctioneers in respect of any Lot
8.5 The guide price list is updated regularly
by the Auctioneers leading up to
the Auction. You should contact the
Auctioneers to find out whether any
alterations have been made to the guide
price(s) for the Lot(s) you are interested
in
8.6 The reserve price will be set by the seller
for the lot at any time up to the time that
the auction begins and may be subject
to change
8.7 The reserve price may be lower than the
guide price.
8.8 The majority of Lots will be offered for
sale subject to a reserve price. Any
exceptions will be announced on the day
of the Auction
9. Rents and Information Relating to
Tenants
9.1 Financial and other information given
in the catalogue particulars for any Lot
relating to tenants or other occupiers of
the Lot is obtained from the Companies
Registry (whose files are open to public
inspection and verification) or from
published reports and accounts of the
tenant or tenant’s holding company,
unless otherwise stated
9.2 The Auctioneers obtain this information
during compilation of the catalogue.
Some of the information shown in the
catalogue may be at least 2 years out of
date depending on when returns were
last filed at the
Companies Registry or on when the
tenant’s corporate accounts and report
were last published. In addition, the
circumstances of any tenants or other
occupiers of the Lot might have changed
since compilation of the catalogue, for
example as to ownership. There is no
guarantee therefore that the information
shown in the catalogue is accurate or up
to date as at the date of the Auction
9.3
It is your responsibility to check whether
or not the catalogue particulars are
accurate in relation to such matters
9.4 Estimates or suggestions given by the
Auctioneers as to current or future
rental values affecting any Lot or as to
the current or future open market rental
value of the whole or any part of the Lot
must not be treated as valuations buy
only as estimates. You must consult your
own professional advisors to establish
whether such estimates or suggestions
are accurate
10. Procedures on Sale of the Lot
10.1 If a Lot is ‘knocked down’ to you by the
Auctioneer, a legally binding contract
is immediately created. The terms of
the contract will be those set out in the
Conditions of Sale referred to above
10.2 After the Lot is knocked down to you,
you will be given a buyer’s slip which
you must complete with all required
information. You will be asked to
produce some form of identification such
as a driver’s license or passport
10.3 When completing the buyer’s slip, you
must specifically name the person or
organisation that is to be the Buyer of
the Lot. Lots cannot be transferred to
an unnamed buyer. References in the
Buyer’s slip to the Buyer’s ‘nominees’,
‘associates’ or similar terms are not
acceptable. Unless you obtain the
Seller’s prior consent, the Lot can only
be transferred to the Buyer named in the
Buyer’s slip and Sale Memorandum
10.4 If you do not complete the Buyer’s slip
or pay the deposit, the Auctioneers have
the right to re-offer the Lot for sale and
to treat you (and your principal if you are
bidding as agent or representative) as
being in breach of contract. Even if the
Lot is re-offered for sale, the Seller might
have a legal right of action against you
for the breach of contract
10.5 When you have completed the Buyer’s
slip and paid the deposit, you will be
given a card showing the number of the
Lot you have bought and the sale price.
It is imperative that you do not lose this
card
10.6 The Auctioneers will prepare the contract
of sale in duplicate. Before leaving the
Auction room, you must attend the
contracts desk situated in the Auction
room where you must produce the Lot
card referred to above and sign your
part of the contract. You will then be
given the duplicate copy of the contract,
signed on behalf of the Seller, in
exchange
10.7 Usually, the Lot will be at your risk from
the moment it is knocked down to you
by the Auctioneer which means that you
should immediately arrange for it to be
insured. If this is not the case, it should
be made clear in the Special Conditions
of Sale for the Lot. If you are in any
doubt, you should make enquires with
the Seller’s solicitor
11. Deposit
11.1 If a Lot is knocked down to you, you
must pay the deposit which is 10% of
the sale price subject to a minimum
of £4,000 (if the sale price is less
than £40,000). The amount of the
deposit might be altered by the Special
Conditions of Sale for the Lot so you
should check them carefully before the
Auction
11.2 The deposit must be given to the
Auctioneer’s clerk together with the
completed buyer’s slip and the buyers
charge
11.3 If you buy more than one Lot, you will need
to pay a separate deposit for each Lot
11.4 Banker’s drafts must be drawn on UK
sterling accounts only and on a bank or
branch of a bank in the UK, failing which,
cheques may be rejected
11.5 Cash deposits, credit cards and bank
transfers are not accepted in any
circumstances
11.6 Deposit cheques are accepted on the
basis that there are adequate cleared
funds in the account upon which the
cheque is drawn. The Seller may take
action against you if your cheque is not
honoured on first presentation. You are
therefore strongly advised to ensure that
there are adequate funds available in the
account to meet any deposit cheque(s)
that are drawn as a result of the Auction
11.7 All deposit cheques should be made
payable to Romans unless the Special
Conditions state otherwise
12. VAT
12.1 This note applies where VAT is payable
on the sale of the Lot and the deposit
is payable to the Auctioneers as agent
for the Seller. If you wish to treat the
transaction as the transfer of a going
concern as referred to in General
Condition 15 of the Common Auction
Conditions, you must notify the VAT
authorities before the date of the auction
12.2 For the avoidance of doubt, the above
note does not apply where the Lot is
sold subject to VAT but the deposit
is payable to the Auctioneers as
stakeholder
12.3
In certain circumstances, the provisions
of General Condition 15 of the Common
Auction Conditions do not apply in any
event, including where the transaction
is the grant of a new lease of the Lot to
the Buyer. You are strongly advised to
consult your own professional advisors
about this before the Auction
13. Buyer’s Charge
13.1 Each successful buyer will be required
to pay the auctioneers, Romans, a
non-refundable buyers charge of £950
plus VAT = £1,140. On purchases up to
£20,000, the buyers charge will be £550
plus VAT = £660. The fee is payable on
exchange of contracts.
Telephone: 01344 753 120
Email: auctions@romans.co.uk
Contacts:
Simon Clayton – Director & Auctioneer
sclayton@romans.co.uk
Gareth Bell – Auctioneer
gbell@romans.co.uk
Daniel Gale – Surveyor
dgale@romans.co.uk
Paul Higgins-Drysdale – Valuer
phigginsdrysdale@leaders.co.uk
Auction dates 2020:
Thursday 27 February
Wednesday 1 April
Thursday 21 May
Wednesday 22 July
Wednesday 7 October
Wednesday 16 December
Auctions office:
23 Market Place
Wokingham
Berkshire
RG40 1AP
Auction venue
Conference Centre
100 Longwater Avenue
Green Park
Reading
Berkshire RG2 6GP
Chrome Web Store
It looks like you haven't installed the Fill Chrome Extension Add to Chrome