Terms and Conditions

Auction My Property Limited

Terms and Conditions

The purpose of these Terms and Conditions (“Terms and Conditions”) is to protect both Auction My Property Ltd (“auction my property Ltd”) and its users. It is your responsibility to read these Terms and Conditions fully before using this website and/or engaging in business with auction my property Ltd.

1.      Acceptance of Terms and Conditions and Amendments

1.1 Each time you use or have cause to access auction my property’s website auctionmyproperty.co.uk (“auctionmyproperty.co.uk”), you agree to be bound by these Terms and Conditions.

1.2 Unless specifically approved in writing by auction my property Ltd, any other Terms and Conditions stipulated by you or any other party shall not apply to the binding contractual relationship between you and auction my property Ltd.

1.3 You agree that auction my property Ltd exclusively reserves the right to modify or replace these Terms and conditions at any time by posting the modified or new Terms and Conditions on the website. If you continue to use the services of auction my property Ltd after such changes have been made, your use is deemed to be an acceptance of such modified or new Terms and Conditions.

2.      Your Responsibilities and Registration Obligations

2.1 In order to use some aspects of the auctionmyproperty.co.uk website, such as bidding on a property or placing a property for sale (whether you are a seller or an agent of the seller) or to obtain access to certain content, you must register on the website and agree to provide truthful information when requested.

2.2 When registering as a buyer or seller (including as an agent of the seller) you must be 18 years of age or over.

3.     Registration and Password

3.1 When choosing and registering a password as part of your membership registration, you are solely responsible for the confidentiality and protection of said password. You are also solely responsible for the use of your password and login details when accessing the website, and as such will be responsible for any activity on the website via your password and login details, whether authorised or unauthorised by yourself.

3.2 You agree to immediately notify auction my property Ltd if you suspect that someone else is aware of your password, or if you suspect any unauthorised use of your registration, user account, or password.

4.     Your Conduct

 4.1 You agree that you are solely responsible for your conduct and any consequence of such conduct whilst using the auctionmyproperty.co.uk website.

 4.2 You agree that all information or data of any kind whether text, software, sound, photography or graphics, video or other material (“content”) that is publically or privately published, shall be the sole responsibility of the person providing the content, or the person whose account is used. You agree that auction my property Ltd may expose you to content that may be objectionable. We shall not be responsible to you in any way for the content that appears on the auctionmyproperty.co.uk website, or for any errors or omissions that may occur.

 4.3 You explicitly agree that in using the auctionmyproperty.co.uk website or any service provided, that you shall not:

 i. Provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, torturous, defamatory, libellous, vulgar, obscene, offensive, objectionable, or that is designed to or does actually interfere or interrupt the auctionmyproperty.co.uk website. This also includes the uploading of any content that is infected with a virus or other destructive or deleterious programming routine, that gives rise to civil or criminal liability, or which may violate an applicable local, national, or international law.

 ii. Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you.

 iii. Collect or harvest any data about others, or use address details of others to contact that party outside the auctionmyproperty.co.uk website area.

 iv. Attempt to build a copy of our data or reverse engineer our process.

v. Publish or reproduce any part of the data or work derived from the data without the written consent of auction my property Ltd. Such content will be held on the auctionmyproperty.co.uk website, or may be requested via e-mail or by way of letter.

 vi Provide or use any of auctionmyproperty.co.uk content or services in any commercial manner so as to obtain financial gain from it, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes or any other form of unauthorised advertising without the prior consent of auction my property Ltd.

 vii. Breaching any of these Terms and Conditions will render you liable to civil legal action and/or criminal prosecution.

 5.     Submission of Content to auctionmyproperty.co.uk

  By providing any content to any part of auctionmyproperty.co.uk:

 i. You agree to grant to auction my property Ltd a worldwide, royalty free, perpetual, irrevocable, non-exclusive right and licence (including any moral rights) to use, reproduce, display, adapt, modify, publish, distribute, translate, promote, archive, or create derivative works and compilations from, communicate to the public, perform and display the content (in whole or in part) worldwide. Such licence will apply in respect of any form, media, and technology presently known or later developed.

 ii. You warrant and confirm that you have legal, moral, and any other required rights necessary to grant auction my property Ltd the licence set forth in clause 5i.

 iii. You acknowledge and agree that auction my property Ltd shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any content you provide at any time and for any reason, with or without notice.

 6.     Third Party Goods and Services

 6.1 Goods and services (including links to third party websites) may be advertised and/or made available on or through the auctionmyproperty.co.uk website. Some of these goods and/or services may or may not be affiliated to auction my property Ltd.

 6.2 Representation made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. Auction my property Ltd shall not be held liable or responsible for your dealings or interaction with third parties (including third parties that may be affiliated to auction my property Ltd).

 6.3 Clause 6.2 also applies in its entirety to the sending of emails containing promotions and links by third parties. You agree that auction my property Ltd shall have no liability in respect of representation made by third parties regarding the quality, functionality and sustainability of any goods or services supplied by third parties as a result of these promotional emails.

 6.4 You understand that auction my property Ltd may receive payments, in the form of commissions or referral fees, in respect of services that are carried out on behalf of its members. These commissions/fees will be deemed payable should services be requested and subsequently carried out by service providers, either via the auctionmyproperty.co.uk website, or through any other affiliated or associated company.

 7.     Indemnification

 7.1 You agree to indemnify and hold auction my property Ltd and each of its subsidiaries, parents, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers and partners from any claim or demand (including reasonable legal fees) that may be made by any third party due to or arising out of conduct or connection with auction my property Ltd, and also your provision of content, your violation of the terms and conditions of service, or any other violation of the rights of another person or party.

 8.     Disclaimer of Warranties

 8.1 You understand and agree that the auctionmyproperty.co.uk website and any related service or content provided is made available to you at your own risk. It is provided to you on an “as is” basis, and auction my property Ltd expressly disclaims all warranties of any kind, implied or expressed, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permitted by law.

 8.2 All information is provided on the basis that auction my property Ltd, its employees, directors, and its members may give legal, financial, or other professional advice if so requested. If you require particular professional advice you are advised to seek it independently.

 8.3 Auction my property Ltd makes no warranty given or implied that any part of the service will be uninterrupted, error free, corrupt free, timely, secure, accurate, reliable, or of any particular quantity, nor that any content is safe in any manner for downloading purposes.

9.      Limitations of Liability

 9.1 You expressly understand and agree, except as required by law, that auction my property Ltd shall not be liable for any direct, indirect, special, incidental, consequential or exempting damages, including but not limited to, damage for loss of profits, goodwill, use of data or other intangible loss (even if auction my property Ltd have been advised of the possibility of such damages), resulting from or arising out of:

 i.            The use of or the inability to use the service

 ii.            The cost of obtaining substitute goods and/or services

 iii.            Unauthorised access to or alteration of your data transmission

 vi.            Statements or conduct of any third party on the service

 v.            Any other matter relating to the service

 10.            Waiver

 10.1 The failure of either party to enforce or to exercise, at any time or for any period and term, or of any right pursuant to these terms and conditions, shall not be construed as a waiver of any such term or right and shall in no way affect that parties right later to enforce it.

 11.     Reservation of Rights

 11.1 Auction my property Ltd reserves all of its rights, all trade names, brand names, graphics, text, copyright, design rights, and any other intellectual property contained on the auctionmyproperty.co.uk website which is owned by auction my property Ltd. The use of any auction my property Ltd rights and property, requires the prior written consent of auction my property Ltd. Auction my property Ltd is not providing you with any implied or express licences or rights by making services available to you. You have no right to make any commercial use of the auctionmyproperty.co.uk website or its services without the prior written consent of auction my property Ltd.

 12.     Governing Law and Jurisdiction

 12.1 You agree that these Terms and Conditions and any disputes arising out of  your use of auctionmyproperty.co.uk or its products and services shall be governed and construed in accordance with the laws of England. You consent and submit to the exclusive jurisdiction of the English courts.

 13.      Listing and uploading of property (agents)

 13.1 If you are acting as an agent, you agree and can confirm that by uploading a property to the auctionmyproperty.co.uk website, on behalf of your client, you have taken all necessary steps required in law to make sure that the property in question does not breach any current legislation in respect of the home information packs, energy performance certification, and Property Mis-descriptions Act. You also understand that auction my property Ltd will accept no liability for any property being incorrectly uploaded or that is in breach of any current legislation.

 14.     Property Sales (fees and charges)

 14.1 You understand that by uploading a property to the auctionmyproperty.co.uk website either for the purpose of sale or rental you are obliged to pay auction my property the agreed ‘sale’ or ‘rental’ fee should the property be sold or let via the auctionmyproperty.co.uk website. Fees are stated on the auctionmyproperty.co.uk website. Auction my property Ltd reserves the right to change or alter these fees at any time should it so wish. Any changes in the auction my property fee structure will be notified on the auctionmyproperty.co.uk website.

 It is also understood that by withdrawing a property from the auctionmyproperty.co.uk website at any point after it is listed will incur a ‘removal fee’ as stated in the auction my property Ltd fee structure listed on the auctionmyproperty.co.uk website. Auction my property Ltd reserves the right to change or amend the removal fee at any time should it so wish. Any changes to the auction my property Ltd removal fee will be notified on the auctionmyproperty.co.uk website.

 15.     Miscellaneous

 15.1 In the event that these Terms and Conditions conflict with any law under which a provision contained in these Terms and Conditions may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intention of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact.

 15.2 You agree that auction my property Ltd may assign its rights and obligation under these Terms and Conditions, and in the event of such assignment shall be relieved of any further obligation. You may not assign, sub-licence or otherwise transfer any of your rights under these Terms and Conditions.

Pre-auction notifications

A prudent buyer will undertake the following prior to bidding on a property

Read these conditions in full.

- Take professional advice from lawyers, chartered surveyors, and accountants.

- Inspect the lot, as the caveat emptor (“let the buyer beware”) principle applies to all properties.

- Carry out all usual personal and professional searches.

- Check the content of all available leases and other documentation relating to the property.

- Have finance available for the payment of the 10% deposit required on completion of the auction, should you have been successful, and the remaining balance of the purchase price to be paid on completion.

- Be in a position to request and be financially qualified via the auctionmyproperty.co.uk website. Financial qualification will be required if you want to bid on any property. Failure to clear financial qualification will render you unable to use the bidding process on our website. It is therefore essential that you have finances available to purchase property from our website prior to applying for financial qualification.

- Check to the fullest extent that the information supplied about the property is true and accurate.

The Terms and Conditions assume that the buyer has followed these precautionary measures and, in using the auctionmyproperty.co.uk website to purchase property, is acting as a prudent buyer. Any buyer who buys a property on auctionmyproperty.co.uk without taking these measures does so at their own risk.

1) Selling/letting your property

(You must first register as a ‘seller‘ on the auctionmyproperty.co.uk website)

1.1) All properties marketed on auctionmyproperty.co.uk are the responsibility of the seller/landlord or the seller/ landlord’s agent who is listing the property. Auction my property Ltd reserves the right to decline a property listing if it is felt inappropriate for publication, and is under no obligation to provide a reason for doing so.

1.2) The seller/landlord or their agent will determine the guide price, reserve price, and buy it now price of the property prior to listing the property on the website.

1.3) The marketing and description of the property on the auctionmyproperty.co.uk website will be the total responsibility of the seller/landlord or their agent, Including all contents of the listing, descriptions, dimensions, photography, legal and professional services, either provided by the seller or their agent, or by companies employed by the seller or their agent via the auctionmyproperty.co.uk website.

1.4) A seller/landlord or their agent will need to arrange for legal representation independently, or via the auctionmyproperty.co.uk website. On instruction the chosen solicitor will need to prepare a legal pack that can be uploaded to the viewing page to allow it to be viewed by potential buyers, and within the 14-day property preview period. Failure to do this will result in the property being prevented from entering the live 7day auction. It is the seller or their agent’s responsibility to ensure that where legally possible the legal pack is uploaded within this timescale.

1.5) It is understood that auction my property Ltd does not guarantee that your property will sell/rent, exchange or complete within the time scales given on its website, and takes no responsibility for any delay by the seller/landlord their agent or any associate, affiliate, or other company employed by the seller or their agent either independently or via the auctionmyproperty.co.uk website, should the required process to allow your property to enter the 7 day live auction be delayed for what ever reason.

1.6) Auction my property Ltd provides the website auctionmyproperty.co.uk as a tool for the seller/landlord or their agent to offer their property for sale/rental to potential buyers/tenants. It takes no responsibility for the inability of the website to function in a way that will ensure either the sale/rental of your property, or the time taken to sell or rent it. Should the sale/rental of your property be successful and the buyer/tenant fail to complete the transaction or pay a deposit, auction my property Ltd will accept no responsibility for this failure and it will be the responsibility of the seller/landlord to seek legal compensation in respect of the matter, independently of auction my property Ltd, should they so wish.

2) Buying/renting a property

(You must first register as a ‘buyer’ on the auctionmyproperty.co.uk website)

2.1) To confirm your registration on auctionmyproperty.co.uk, an e-mail will be forwarded to your personal email address, by confirming this e-mail you will be able to log into the website. Following successful financial qualification you will be allowed to bid on any property, to the maximum of your financial qualification.

2.2) Auction my property Ltd has no duty of care in law regarding the property listed by the sellers/landlord or their agents, and or the content of the property details, its description, or the contents of the services uploaded by the seller/landlord or their agents, or companies employed by the seller/landlord or their agents either independently or via the auctionmyproperty.co.uk. Unless stated, auction my property Ltd has not been involved in the preparation or alteration of the property details in any way.

2.3) The responsibility lies with the registered buyer to satisfy themselves that there are no amendments, additions, or changes of any kind to any aspect of the property its details or uploaded services prior to bidding on the property.

3) Notice to all bidders

3.1) Purchasers identity will be checked as a matter of course to comply with money laundering regulations. Checks will be carried out on all potential buyers to clarify their personal status, and to confirm the source of the funds to be used to purchase property via the auctionmyproperty.co.uk website.

3.3) Auction my property Ltd reserves the right to decline a bid should that bid be deemed to be made by person or persons suspected of illegal or inappropriate use of the bidding process, the auctionmyproperty.co.uk website and its services.

3.4) The auction of the seller’s/landlord’s property will be conducted on the website known as auctionmyproperty.co.uk.

3.5) The auction end day and time will be displayed on the property viewing page.

3.6) The bids are exclusive of VAT (if applicable) unless otherwise stated.

3.7) Sellers/landlords or their agents are not allowed to bid on their own properties. Should a member be found to be doing so, their membership of the auctionmyproperty.co.uk website will be immediately terminated, and all their properties listed on the website will be removed.

4) The bidding process

4.1) Bids must not be below the starting price or the highest bid. Bids will increase by the minimum increment set by the auctionmyproperty.co.uk website.

4.2) When a bid is made, it is legally binding in accordance with the Terms and Conditions of this website, and cannot be withdrawn.

5) Specific Conditions

5.1) In accordance with Statutory Instrument no 861 (1991), the seller does not require written notification of any offers made on their property.

5.2) Auction my property Ltd reserve the right to bid on the seller’s behalf up to but not including the reserve price.

5.3) The contract made between a seller and a successful buyer is made in the course of a public auction and the provisions of section 2 law of Property (Miscellaneous) Provisions Act 1989 do not apply.

5.4) Once listed on the auctionmyproperty.co.uk website, it is understood that should a property be removed from the website prior to the end of the auction process, the full sale/letting fee will be charged without exception.