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Hi there ,
wondered if anyone had any advice - I am looking to buy a property at auction but concerned as there are no local searches / protocols or property information forms
in the legal pack there is the title deed and register plus a special conditions of sale and then an environmental search and an indemnity for churches .
i am just concerned that there could be more charges to the property / land etc that then no comeback after auction -
could anyone please check wording and advise as so far the solicitor I have used has been next to useless and tried to do a lot myself :
I have deleted the fees and the timescales that I understand - I just need to know what else I can ask so they legally should divulge information or do I just walk away ? Many thanks
1.1 All local land charges (whether registered or not before the date hereof and all matters capable of registration as local land charges)
1.2 All notices served and orders demands proposals and requirements made by any local or public authority (whether before or after the date hereof)
1.3 All actual or proposed order directions notices charges restrictions and conditions agreements or other matters arising under the Town and Country Planning Acts
1.4 All matters referred to in the Registers of the Title save for any Financial charges.
1. The Buyer shall be deemed to have purchased with full knowledge of the aforementioned matters and the Buyer shall raise no enquiry requisitions or objection in respect thereof.
4. The Transfer to the Buyer shall contain the following provisions:-
5.1 The Transferee for the purpose only of affording to the Transferor a full and sufficient indemnity hereby covenants jointly and severally with the Transferor that the Transferee and those deriving title under him shall at all times hereafter observe and perform the covenants stipulations and provisions contained or referred to in heregisters of the above title so far as the same relate to the property hereby transferred and are still subsisting and capable of being enforced and will so far as aforesaid indemnify the Transferor and the Transferor’s estate and effects against any actions claims and liability resulting from their future breach non-observance or non performance.
5.2 It is hereby agreed and declared that for the purpose of Section 6 (2) (a) of the Law of Property (Miscellaneous Provisions) Act 1994 all overriding interests and all matters now recorded in registers open to public inspection are to be considered within the actual knowledge of the Transferee.
11. The Buyer shall prior to completion provide to the Seller’s Solicitors:-
A certified copy of the counterpart of the Transfer duly signed and witnessed by the Buyer and undertakes to register the same with the Land Registry in order to record the covenants given on the registers of the Title.
13. The Buyer confirms that it has been afforded opportunity to satisfy itself as to any notices served in relation to the Lot being sold by making appropriate enquiries of the relevant persons or authorities in this regard and the Buyer purchases with full knowledge of all such matters (if any) and shall raise no objection nor demand any contribution from the Seller in relation thereto.
14. The Buyer confirms that the Buyer has had the opportunity to inspect (i) the registered title to the Lot including the title plan and restrictive covenants affecting the Lot (if any) and (ii) the property physically constituting the Lot and (iii) any occupancy or possession by third parties of the Lot and the Buyer purchases on the basis that it is deemed to have done so in each case. In the event of any adverse issues inconsistencies or errors arising from the aforementioned items or without prejudice to the generality thereof any discrepancy between the physical layout or extent of the lot and such layout or extent as shown in the registered title or any alterations having been undertaken to the Lot at any time whether with or without any required consent the Buyer acknowledges that the Buyer is deemed to purchase with full knowledge of all such matters (if any) and the Buyer shall raise no enquiry requisition or objection thereon or thereto nor shall demand any contribution from the Seller in relation thereto.
15. The Buyer acknowledges it has not relied upon the information contained within the Auctioneers particulars of sale and has verified any information contained therein.
16. The Buyer cannot delay Completion on the basis that there is a delay in receiving the Management Pack or documents relating to the pack on any Leasehold property transaction.
17. The Seller provides no warranty that the postcode or postal address for the Lot is accurate and the Buyer purchases subject to this.
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wondered if anyone had any advice - I am looking to buy a property at auction but concerned as there are no local searches / protocols or property information forms
in the legal pack there is the title deed and register plus a special conditions of sale and then an environmental search and an indemnity for churches .
i am just concerned that there could be more charges to the property / land etc that then no comeback after auction -
could anyone please check wording and advise as so far the solicitor I have used has been next to useless and tried to do a lot myself :
I have deleted the fees and the timescales that I understand - I just need to know what else I can ask so they legally should divulge information or do I just walk away ? Many thanks
1.1 All local land charges (whether registered or not before the date hereof and all matters capable of registration as local land charges)
1.2 All notices served and orders demands proposals and requirements made by any local or public authority (whether before or after the date hereof)
1.3 All actual or proposed order directions notices charges restrictions and conditions agreements or other matters arising under the Town and Country Planning Acts
1.4 All matters referred to in the Registers of the Title save for any Financial charges.
1. The Buyer shall be deemed to have purchased with full knowledge of the aforementioned matters and the Buyer shall raise no enquiry requisitions or objection in respect thereof.
4. The Transfer to the Buyer shall contain the following provisions:-
5.1 The Transferee for the purpose only of affording to the Transferor a full and sufficient indemnity hereby covenants jointly and severally with the Transferor that the Transferee and those deriving title under him shall at all times hereafter observe and perform the covenants stipulations and provisions contained or referred to in heregisters of the above title so far as the same relate to the property hereby transferred and are still subsisting and capable of being enforced and will so far as aforesaid indemnify the Transferor and the Transferor’s estate and effects against any actions claims and liability resulting from their future breach non-observance or non performance.
5.2 It is hereby agreed and declared that for the purpose of Section 6 (2) (a) of the Law of Property (Miscellaneous Provisions) Act 1994 all overriding interests and all matters now recorded in registers open to public inspection are to be considered within the actual knowledge of the Transferee.
11. The Buyer shall prior to completion provide to the Seller’s Solicitors:-
A certified copy of the counterpart of the Transfer duly signed and witnessed by the Buyer and undertakes to register the same with the Land Registry in order to record the covenants given on the registers of the Title.
13. The Buyer confirms that it has been afforded opportunity to satisfy itself as to any notices served in relation to the Lot being sold by making appropriate enquiries of the relevant persons or authorities in this regard and the Buyer purchases with full knowledge of all such matters (if any) and shall raise no objection nor demand any contribution from the Seller in relation thereto.
14. The Buyer confirms that the Buyer has had the opportunity to inspect (i) the registered title to the Lot including the title plan and restrictive covenants affecting the Lot (if any) and (ii) the property physically constituting the Lot and (iii) any occupancy or possession by third parties of the Lot and the Buyer purchases on the basis that it is deemed to have done so in each case. In the event of any adverse issues inconsistencies or errors arising from the aforementioned items or without prejudice to the generality thereof any discrepancy between the physical layout or extent of the lot and such layout or extent as shown in the registered title or any alterations having been undertaken to the Lot at any time whether with or without any required consent the Buyer acknowledges that the Buyer is deemed to purchase with full knowledge of all such matters (if any) and the Buyer shall raise no enquiry requisition or objection thereon or thereto nor shall demand any contribution from the Seller in relation thereto.
15. The Buyer acknowledges it has not relied upon the information contained within the Auctioneers particulars of sale and has verified any information contained therein.
16. The Buyer cannot delay Completion on the basis that there is a delay in receiving the Management Pack or documents relating to the pack on any Leasehold property transaction.
17. The Seller provides no warranty that the postcode or postal address for the Lot is accurate and the Buyer purchases subject to this.
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