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Scottish Auctions

An overview of the basics.


  • Always Visit The Property.
  • Always Investigate The Auction Pack.
  • Remember When The Auction Hammer Falls. You Have Bought the property. You Cannot Negotiate after That.

Practical Guides

As you have purchased at auction, you have already bound to contract and accepted the title and conditions to the property as it stands, If you need to investigage, ask questions of seek professional help or reports these MUST be done before the hammer falls at the Auction. If you appoint a lawyer after the auction they can only provide limited help as they are only used to register you as the owner.

As you have already agreed the contract and accepted the title, your lawyers role on your behalf is strictly limited to completion of the mechanics of the transfer of the title to you under the terms of the contract you have agreed to.

Where a lawyer acts for a client who buys property that is not subject to auction terms, they can negotiate the contract and build in safe-guards to protect you from any unforeseen issues or costs, but this is not buying at auction. As you have bought at auction and already agreed to the contract your lawyer cannot do this on your behalf. This is a fundimental difference between buying on the open market and buying at auction.

Broadly speaking, if you have bought at auction, you have already agreed to the sufficiency of the title, the extent of the boundary, all costs that may be associated with the property and the auction terms and conditions, any alterations to the property, rights of access to the property, any notices affecting the property, any orders and any notices affecting the seller. This is not an exhaustive list and the exact terms are as per your auction contract, which you must read along with doing your investigatrions prior to the auction and factor this in before you purchase the property. You will be responsible for the cost of any search reports required during the purchase. In addition to these costs due to the nature of auction properties there shall be an additional.

For the avoidance of doubt, your lawyer cannot remedy any of these issues after you have agreed to the contract at auction and they consequently will not accept liability for the risk you accept when you bought an auction.

In short, seek some advice and do your own due-diligence prior to any auction purchase. We can help put you in touch with property lawyers who can provide legal advice on any property prior to you buying. It only takes a few minutes to discuss. If you wish a report over the property prior to auction this can be arranged for a charge but most people tend to buy at auction and take the view that they may only risk their deposits, costs etc. So please always read the Auction pack, Contract and articles of Roup as these penalties can be substantial if you buy at auction they cannot complete the transfer.

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From when you decide to Sell, Purchase, Tranfer or Re Finance your property, we are here to help. We have a proven track record for over 10 Years in Scottish property (Residential and Commercial) of helping save thousands of pounds. From help to appoint an Estate Agent, Negotiation Tips, Legal Guides and practical advice. Just drop us an email or phone or if easier read through our extensive Online Guides.


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Knowing & Asking Is Always Better Than Assuming What Is Happening.


Assumptions create 70% of all conveyancing stress and issues. We make assumptions every minute of every day. Something happens and we instantly assign meaning to it. That is an assumption. Yet conveyancing and the residential legal system in Scotland is constantly changing and so does what your solicitor is reqired by law to do and what is required of you. We start imagining and reasoning what is going on, we look at social media and ask friends, what they think, what they experienced. We rationalise an entire assumed story based on assumptions and we believe it. One assumption leads to another assumption; we jump to conclusions and we take it personally. Almost all conflicts and desisions we take are based on assumptions. Assumptions are nothing more than false stories that we are telling ourselves. They create a big drama for no reason because they aren’t based on fact. If you really want to avoid the stress of moving, ensure that your experience is a possitive one and you are informed, why not just ask your property solicitor?

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