Ham­mer times

Wilmslow Express - - HOMES -

first step is to find auc­tion houses that sell prop­er­ties in the area you’re look­ing in. Lon­don auc­tions have prop­er­ties in Lon­don and the Home Coun­ties, but also some much fur­ther afield.

Out­side Lon­don, auc­tion houses are more likely to spe­cialise in lo­cal prop­er­ties.

Once you’ve found an auc­tion house, get on its mail­ing list, ei­ther for pa­per or on­line auc­tion cat­a­logues. The cat­a­logue should be avail­able a few weeks be­fore the auc­tion, usu­ally with a sched­ule of view­ing for the prop­er­ties be­ing sold. The cat­a­logue/web­site will also have the guide prices and con­di­tions of sale. LEGAL doc­u­ments for each lot should be avail­able to down­load from the web­site.

Make sure you read them care­fully and send them to your solic­i­tor, as they could af­fect how high you bid, and if you bid at all. Searches are of­ten THERE is a pre­sump­tion (in the ab­sence of con­trary ev­i­dence) that a in­cluded in the legal doc­u­ments, but if they’re not, you may want your solic­i­tor to do them be­fore the auc­tion, although this could, of course, be a waste of money. The same ap­plies to a sur­vey – if you don’t want to pay for one on a prop­erty you may not buy, ask a sur­veyor or builder to view the prop­erty with you. RE­SEARCH the lo­cal hous­ing mar­ket be­fore the auc­tion so you know how much the prop­erty is worth, and de­cide your max­i­mum bid ac­cord­ingly.

The temp­ta­tion at auc­tions is to prop­erty owns the ad­join­ing pri­vate road up to the mid­dle of the road. It is in some cir­cum­stances pos­si­ble to ap­ply to the Land Reg­istry to reg­is­ter this own­er­ship. In any event, you will need to club to­gether with your ad­join­ing own­ers to have the road resur­faced. If it’s not ev­i­dent from the deeds that some­one has the obli­ga­tion to re­pair, then it must be done co-op­er­a­tively. get car­ried away and bid higher than your max­i­mum.

If you’re wor­ried about this, get some­one to bid for you, or bid by proxy, where you au­tho­rise the auc­tion house to bid on your be­half up to a spec­i­fied limit.

the auc­tion, check what iden­ti­fi­ca­tion you need to take with you on the day to reg­is­ter to bid and what meth­ods of pay­ment are ac­cepted for the de­posit.

If you’re the suc­cess­ful bid­der, you have to in­sure the prop­erty, ex­change con­tracts and pay a de­posit (usu­ally 10% of the pur­chase price) and a fee to the auc­tion house im­me­di­ately. The com­ple­tion date is of­ten four weeks from the date of the auc­tion, but it can vary. If you fail to com­plete on that date, you could lose your de­posit and even be sued by the seller. For this rea­son, THE best ad­vice has to be not to marry. If, how­ever, you choose to marry then a pre-nup­tial agree­ment can be drafted set­ting out what the two of you have agreed in the event of your mar­riage not work­ing out. There is no guar­an­tee that the agree­ment will be up­held by the court, but re­cent cases sug­gest that the court will take into ac­count the fact that a pre-nup­tial agree­ment has been pre­pared. You will have to en­sure that cer­tain cri­te­ria are ful­filled, such as full dis­clo­sure of your as­sets, in­de­pen­dent legal ad­vice for both of you and an agree­ment signed well in ad­vance of the wed­ding. See a solic­i­tor spe­cial­is­ing in fam­ily law. pay­ing cash is a much safer way to buy prop­erty at auc­tion than with a mort­gage.

guide price is the price the auc­tion house ex­pects the prop­erty to sell for, but it’s not nec­es­sar­ily re­al­is­tic – prop­er­ties of­ten fetch much more.

Lots will usu­ally have a re­serve price and only the auc­tion house knows what it is. If the bid­ding doesn’t reach the re­serve, it may be pos­si­ble to do a deal with the seller, via the auc­tion house, on the day.

You can check on­line af­ter the auc­tion to see which prop­er­ties didn’t sell – it usu­ally says the price they’re avail­able for.

You may also be able to buy a prop­erty be­fore the auc­tion, but be pre­pared for the seller to refuse be­cause they know that prices can leap up in the heat of the mo­ment. IF the Pro­bate Reg­istry couldn’t find a will made by your mother, she ei­ther didn’t make one, it hasn’t been proved or the value of her es­tate was less than £5,000 which means pro­bate is not re­quired. If your sis­ter was ap­pointed ex­ecu­tor of a small es­tate, her main du­ties may have only ex­tended to sorting out the fu­neral. It’s also pos­si­ble that your step­fa­ther made a will leav­ing the house to his son with the pro­vi­sion that your mother could live there dur­ing her life­time. You could try to find a copy of his will to con­firm this. Again the Pro­bate Reg­istry may be able to as­sist. YOU should write a let­ter to your neigh­bour, sent by recorded de­liv­ery com­plain­ing that the Ley­landii are too high, that they are dam­ag­ing your prop­erty and if they aren’t cut down to a safe height you will com­plain to the lo­cal author­ity. If this doesn’t pro­duce ac­tion or at least a sen­si­ble re­sponse, con­tact the coun­cil. Un­der the Anti-So­cial Be­hav­iour Act 2003 the lo­cal author­ity has the right to de­cide whether the Ley­landii are too high, and if they are, to or­der them to be cut to a cor­rect height.

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