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IMPORTANT NOTICE TO BIDDERS/PURCHASERS

Please ensure the legal documents, supplied by the vendor’s solicitor, are examined by your
solicitor and any queries raised with the auctioneers prior to bidding.
The bidder/purchaser is required to pay a contract administration charge in the sum of
£1,000 (inclusive of VAT) to the auctioneers. Please note this fee is not part of your deposit
or the purchase price.
Please refer to the Special Conditions of Sale & General Conditions of Sale for details of any
additional fees, costs or disbursements, which will form part of the contract.
Should your bid be accepted you will be deemed to have read and understood the legal
documents and have purchased the property subject to those documents.
In line with Anti-Money Laundering Regulations the following documents must be presented
in all cases.
Certified Identity Documents
Certified photographic ID: current passport or UK driving licence.
Certified Evidence of address
A certified utility bill (gas, electric, landline phone bill) or building society/bank statement
issued within the last three months. Alternatively, a current UK driving licence providing
evidence of residency at the correspondence address (if a current passport is provided as
photographic ID).
In addition:
If a bidder is acting as an agent on behalf of another party, they will be required to provide
the documents detailed above for both themselves (the agent) and the principal, together
with a valid letter of authority from the principal, authorising them to bid on their behalf.
If a bidder is acting on behalf of a company, this will need to be a Limited Company or a
Public Limited Company. You will be required to supply the company’s registered address,
and have written authority from a director on company letterhead.
SPECIAL CONDITIONS OF SALE

Brief description of the Lot / Property

Leasehold land registered at the HM Land Registry under title number NGL900337
being Flat 5, 146 Fellows Road, London NW3 3JH (“the Property”).

Name and address of the Seller

Wissam El Doulami care of NWL Solicitors, 9 Hampstead West, 224 Iverson Road,
London NW6 2HL; DX: 53656 West Hampstead.

Name, address and reference of the Seller’s Solicitors

NWL Solicitors, 9 Hampstead West, 224 Iverson Road, London NW6 2HL; DX: 53656
West Hampstead, Ref: SL/Doulami.

Title guarantee

The property is being sold with full title guarantee save that for the purposes of
Section 6(2)(a) of the Law of Property (Miscellaneous Provisions) Act 1994 matters
now recorded in registers open to public inspection shall be treated as being within
the actual knowledge of the Purchaser.

Interest Rate

4% over Lloyds Bank Plc base rate from time to time.

VAT

VAT is not payable.

Occupation

The Lot is being sold with vacant possession. However, if the Lot is catalogued as
squatted or is unlawfully occupied or an announcement is made prior to the Lot
being offered that is so occupied or if the Lot becomes unlawfully occupied between
exchange of contracts and completion then the sale will be on that basis and the
Buyer shall not be entitled to refuse to complete or to delay completion as a result
and on completion no allowance shall be made in respect of the unlawful occupation
or in respect of the state of repair and condition of the Lot.

Agreed Completion Date


As per General Conditions of Sale.

Special Conditions

1. If the Seller’s Solicitor serves the Buyer or his Solicitors with a valid Notice to
Completion under Condition 7 of the General Conditions of sale the Buyer
shall pay to the Seller’s Solicitor the sum of £200.00 plus VAT as a
contribution in respect of the same.

2. The buyer will on the Agreed Completion Date will be responsible for the cost
of the searches provided in the auction pack.

3. With effect from the date of the Contract, the Lot shall be at risk of the Buyer
and the Seller shall be under no obligation to the Buyer to insure the Lot. No
damage to or destruction of the Lot or any deterioration in its condition,
however caused, shall entitle the Buyer either to any reduction of the
purchase price or to refuse to complete or to delay completion.

4. The Lot is sold subject to:

4.1 all matters specified in this agreement;


4.2 all local land charges and other matters entered or capable of being
entered in any public register kept by a local authority for the area in
which the Lot (or any part) is situated and irrespective of when or
whether so entered or registered;
4.3 all notices served and orders, demands, proposals or requirements made
by any local authority, government department, ministry or statutory
body, whether prior to the date of this agreement or not;
4.4 all matters disclosed or reasonably to be expected to be disclosed by
searches and as a result of enquiries formal or informal;
4.5 any matters which the Seller does not and could not reasonably know
about;
4.6 any matters discoverable by inspection of the Lot before the date of this
agreement;
4.7 public requirements; those encumbrances, other than mortgages, which
the Buyer knows about;
4.8 any unregistered interests which override registered dispositions under
Schedule 3 to the Land Registration Act 2002;
4.9 any matters (except for financial charges) contained or referred to in the
register maintained by the Land Registry as at 27 APR 2020 at 14:38:22
under title number NGL900337;
4.10 All matters contained in or arising out of any Supplemental
Documents referred to in any Addendum;
4.11 All matters disclosed in any replies to pre-contract enquiries made
available to the Buyer before the auction date.
5. The Buyer shall be deemed to purchase with full knowledge of the actual
state and condition of the Lot and will take and accept the Lot in its current
state and condition thereof in all respects.

6. The Buyer hereby admits and acknowledges that in entering into this
Agreement the Buyer is relying upon inspection of the Lot the Buyer’s own
judgement the advice of his professional advisors and the terms hereof and is
not relying upon or influences by any warranty representation or statement
of written or oral or implied made to the Buyer or the Buyer’s agents or
advisors by the Sellers or any person acting on behalf of the Seller in relation
to or in connection with the Lot other than as may be stated in a written
reply or information contained in the legal pack for the auction. Any such
written reply or information is deemed to be subject to the qualification
whether expressly stated or not that such reply is believed to be correct and
that the accuracy thereof is not guaranteed. Any such written reply does not
obviate the need to make appropriate searches and enquiries prior to the
date hereof.

7. The Buyer confirms that the Buyer has had the opportunity to inspect (i) the
registered title to the Lot including the title plan the registered lease and the
restrictive covenants affecting the Lot (if any) and (ii) the property physically
constituting the Lot and the Buyer purchases on the basis that it is deemed to
have done so in each case and the Buyer cannot refuse to purchase the
property on the grounds that they were unable to enter the Property to
inspect or take a valuation of the Property prior to completion. In the event
of any adverse issues 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 and/or the registered lease or any alterations having been
undertaken to the Lot at any time whether with or without the consent of the
landlord the Buyer acknowledges that the Buyer is deemed to purchase with
full knowledge of all 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. The property physically
constituting the Lot differs from the layout of the property as shown in the
title plan and the registered lease. The Buyer shall raise no objection or
requisition in respect of the size of any bedroom regardless as to whether the
bedroom meets the minimum size requirement required by planning rules or
any other law or statutory requirement.

8. The Buyer confirms that it has been afforded opportunity to satisfy itself as to
any notices served in relation to the property being sold by making
appropriate enquiries of all the relevant persons in this regard and the Buyers
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. It
is understood that there may have been an order issued against the property
in this Lot from the local authority. The Buyer further confirms that it has
satisfied itself on all matters relating to planning and building regulation
matters having made appropriate enquiries of all relevant persons and
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. The Buyer also confirms that
it has satisfied itself as to any breaches of the registered lease that may be
current or historic and the Buyer purchases with full knowledge of such
matters (if any) and shall raise no objection nor demand any contribution
from the Seller in relation thereto.

9. The Property is sold in its actual condition and state of repair and the Buyer
shall be deemed to have surveyed and inspected the same and shall purchase
the same with full knowledge of its actual condition and state of repair. It is
expressly agreed and acknowledged by the parties hereto that that property
is sold as seen

10. On Completion the Buyer shall pay to the Seller in addition to the amount
payable under Condition G6.2 a contribution towards the Seller’s legal costs
equal to £500 plus VAT.

11. Within 20 business days of Completion the Buyer shall submit to the Land
Registry and shall diligently prosecute an application for the registration of
the Buyer as registered proprietor of the Lot with a view to becoming
registered as soon as reasonably possible and the Buyer will immediately
after registration of the transfer provide the Seller’s Conveyancer with
Official Copies of the register or other evidence of the Buyer as proprietor of
the Lot.

12. If Completion does not take place on the Completion date due to the default
of the Buyer the Buyer shall pay to the Seller on demand all reasonable costs
and expenses properly incurred in connection with the preparation and
service of any notice to complete and the recalculation of any
apportionments in the sum of £350.00 plus Value Added Tax.

13. When notice to complete is served by the Seller, the Buyer must complete
within 3 working days of the notice being served (excluding the day on which
the notice is given) and for this purpose time is of the essence of the
contract. The General/Standard Conditions are varied accordingly.

14. All communications and notices under this Contract can be made by email
and are considered served at the time the email is sent notwithstanding the
fact that the receiving parties solicitor may not acknowledge the email and
the General Auction Conditions are amended accordingly

15. The Buyer shall not raise any objection or requisition and may not refuse to
complete on the Completion date on the basis that the Seller is unable to
produce or locate the originals in the auction pack generally and for the
avoidance of doubt if there is any conflict between this condition and any of
the General Conditions then this condition shall prevail.

16. If the Buyer is a company which is not one which is registered in England or
Wales then on Completion (and as a condition thereof) the Buyer shall
procure that a legal opinion letter is provided to the Seller’s Solicitors in a
form which is reasonably acceptable to the Seller’s Solicitors from lawyers
who practice in the jurisdiction in which the Buyer is registered.

17. For the avoidance of doubt where there is conflict between the General
Conditions and these special conditions of sale, the special conditions shall
prevail.

18. If a Deed of Covenant is required to be provided by the Buyer, the Buyer is to


be responsible to apply for and obtain a Deed of Covenant and is to be
responsible for all costs payable in obtaining the Deed of Covenant in relation
to the transfer of the property to the Buyer and the Buyer shall pay such
sums required in this regard as soon as reasonably possible.

19. On completion the Buyer shall enter into a deed of covenant with the
freeholder of building in which the Lot is located to pay the rent and observe
and perform the covenants in the lease and to allow the freeholder to enter
to remedy a breach of this covenant upon reasonable notice or without
notice in the event of an emergency.

20. The Transfer shall have the following provision inserted:

20.1 “The Transferee covenants, by way of indemnity only, on the


Transferee's behalf and on behalf of the Transferee's successors in title,
to observe and perform the charges, incumbrances, covenants and
restrictions contained or referred to in the property and charges registers
of NGL900337 in so far as they are subsisting and capable of taking effect
and keep the Transferor indemnified against all proceedings, costs, claims
and expenses arising from any failure to do so”.
20.2 “The Transferee covenants that the Transferee and the Transferee's
successors in title will from the date of this transfer until the end of the
term granted by the Lease pay the rents reserved by the Lease and
observe and perform the tenant covenants of the Lease and keep the
Transferor indemnified against all proceedings, costs, claims and
expenses arising from any failure to do so.”

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