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SPECIAL CONDITIONS

Auction House London – 24/05/2023

LOT Number: ***********

Brief Description of the Lot


85 to 97 (odd numbers) New Road

Name & Address of the Seller


[TBC]

Name, Address and reference of the Seller’s Solicitors


MACHINS SOLICITORS – 28 Dunstable Road, Luton, LU1 1DY (ref: SST/54217) Tel: 01582
514000 Fax: 01582 535000 e-mail: santokh.singh@machins.co.uk

Title
Freehold

Registered / Unregistered
Registered with Title Absolute
Title Number – MX479762

Rights sold with the Lot


None, other than those specified in the Title documents and / or the legal pack

Exclusions from the sale


None, other than those specified in the Title documents and / or the legal pack

Reservations to the Seller


None, other than those specified in the Title documents and / or the legal pack

What the sale is subject to


The matters set out in the General Conditions and all existing covenants and encumbrances as set
out or referred to in the Title documents and / or the legal pack

Deposit
The higher of £10,000 or 10% of the Price to be held as agent for the Seller under no circumstances
is the deposit (or if lower the full purchase price) refundable, except where the Seller is unable to
transfer the Property to the Buyer by no later than the Completion date

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SST/Auction – Special Conditions/54217
Insurance
The Property is at the risk of the Buyer from exchange

Title Guarantee
Limited – the covenant implied by Section 2(1)(b) Part 1 of the Law of Property (Miscellaneous
Provisions Act) 1994 shall be varied by the substitution of the words “at the Buyer’s cost” for the
words “at his own cost” and excluding from that guarantee the covenant set out in Section 4(1)(b) of
the said Act

Agreed Completion Date


21st JUNE 2023 (or if later 5 working days following notice from the Seller’s Solicitors with updated
Title showing the Seller as the registered proprietor of the Property) provided that if completion does
not take place by 31st October 2023 then either party may by written notice to the other rescind this
contract and subject to such notice the deposit paid at auction shall be returned to the Buyer and this
contract shall be deemed to be null and void without any further liability of either party to the other)

Interest Rate
5% above the base rate of Lloyds Bank plc from time to time subject to a minimum of 12%

Vacant or Let
The sale of the Property is being made with vacant possession and subject in all respects to any
and all third party rights (whether expressed or implied) to any and all parts of the Property. If the Lot
is catalogued as squatted or is unlawfully occupied or an announcement is made prior to the Lot
being offered that it 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. On completion no allowance shall be made in
respect of any lawful or unlawful occupation or in respect of the state of repair and condition of the
Lot

VAT
The Price is exclusive of VAT and any VAT properly chargeable will be payable by the Buyer to the
Seller (whether on or after completion) upon production of a valid VAT invoice and shall be in
addition to the purchase price. The Seller has not opted to tax the Property.

Extra Special Conditions


1. The Seller shall not be obliged to transfer or convey any property to any person other than
the contracting buyer and the Buyer shall not be entitled to assign or transfer the benefit of
this contract or to sub-sell or declare trust of the Property or otherwise deal with the same
prior to completion of the sale and purchase

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SST/Auction – Special Conditions/54217
2. If the Seller’s Solicitors become entitled to serve Notice to Complete and if such Notice is in
fact served the Buyer shall pay to the Seller’s Solicitors their costs (being a minimum of £350
plus VAT) for the work thereby incurred and such monies to be paid on or before completion
3. General Condition 7.1 is amended to be 5 working days
4. On the date of this contract the Buyer shall reimburse, on a non-refundable basis to the
Seller the costs of all searches (£217.50) undertaken for the purposes of this transaction by
the Seller, whether such searches are supplied before or after the date of this contract
5. On the date of this contract the Buyer shall pay, on a non-refundable basis £1,000.00 plus
VAT towards the Seller’s legal costs
6. On the date of this contract, the Buyer shall pay, on a non-refundable basis the sum of
£2,950.00 plus VAT towards the Seller’s administrative fees
7. The Buyer shall accept the Property in such state and condition as it is at the date of
completion and to such third party rights (lawful or unlawful) whether or not the Buyer has
inspected it and the Seller is under no duty to make any specific disclosures with regard to
such. The Buyer shall in all respects be deemed to have surveyed and inspected the
Property and shall purchase the same with full knowledge of its actual condition, state of
repair and Title matters
8. The Buyer confirms that it has been afforded opportunity to satisfy itself as to any notices
(whether or not expressly disclosed by the Seller before or after the date of this contract)
served in relation to the Property being sold by making appropriate enquiries of all the
relevant persons 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
9. The Buyer confirms that it has satisfied itself on all matters relating to planning, building
regulations, highways, public and private rights and matters having made appropriate
enquiries of all relevant persons and authorities in this regard. 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
10. Where any reference is made as to the postcode of the Property being sold, then the Seller
gives no warranty that the postcode is correct and the Buyer must rely entirely on its own
enquiries
11. It is expressly agreed and acknowledged by the parties hereto that all items belonging to
third parties on or about the Property are excluded from this sale and purchase and that the
Buyer shall make any necessary arrangements with regard to those items as required by any
third party owner. The Seller shall not be responsible to the Buyer in any way for dealing with
any of those items or for making or failing to make any payment or other arrangement in
respect thereof. In particular but without prejudice to the generality of the foregoing, the
Seller shall not be responsible for disclosing any such third party items or rights or for
arranging the removal of any of third party items on or before completion or at any other
time. The Buyer shall maintain all of the said items in the condition in which they are at the
date of this contract

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12. The Buyer shall be deemed to purchase the Property with full knowledge and notice of all
matters with regard to the Title (whether at or after the date of this contract) and shall raise
no requisitions thereon or enquiries in relation thereto
13. The Buyer acknowledges that he acts at his own risk in accepting the information provided
before (or as notified at the auction) or after the date of the contract as contained or
disclosed in any search results; copy correspondence; copy documents; copy surveys; copy
notices; or any replies to enquiries without any further investigation or enquiry and shall hold
the Seller harmless in all respects and on any account with regard to such matters
14. The Seller is under no duty to deal with replies to enquiries relating to the search results or
provide replies to preliminary enquiries
15. Where applicable, the Seller has provided replies to enquiries to the best of its knowledge
but has made no inspection and not undertaken any survey. Absolutely no warranty is given
in relation to such replies or in relation to any searches; copy correspondence; copy
documents; copy surveys; or copy notices provided as part of this transaction. The Buyer
must make and rely on his own inspection, survey and searches in all respects
16. If the Property is damaged or destroyed during the period between the date of this contract
and the Completion Date the obligation of the Buyer to purchase the Property and complete
this contract shall be unaffected
17. No condition warranty or representation is given to the present or authorised user of the
Property and the Buyer must satisfy itself in regard thereto and nothing herein contained or
implied shall be taken as a condition of representation or warranty that the Property or any
part thereof can be lawfully used for the existing user or any other purpose
18. The Buyer shall be satisfied with such information and copy documents as the Seller has
provided before or after the date of this contract relating to the Property and shall raise no
requisition or objection in respect of the failure for any reason of the Seller to provide a copy
or disclose the existence of any notice, schedule, memorandum agreement, court order or
other document
19. Completion shall not be delayed on account of the non-production of the Transfer executed
by the Seller. If the Transfer is not available on the day of completion the Buyer will accept
an undertaking by the Seller’s Solicitors to procure this and to forward it as soon as it is
received by them
20. The Seller shall not be required to show the creation of any matters referred to in the
General Conditions of Sale
21. Other than as referred to in the Special Condition headed “Environmental” the Seller has
undertaken no further survey, search or enquiries and holds no additional information in
relation to environmental matters relating to the Property. The Seller therefore gives no
warranty and expressly excludes liability in respect of environmental matters regarding the
Property and the Buyer acknowledges that prior to the date of this contract it has been given
permission and adequate opportunity to carry out its own investigation into the physical
condition of the Property and additionally where requisite, the extent to which it is affected by
contaminating substances and accepts all liability in this regard and that the sole

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responsibility for complying with any statutory notice in this regard shall vest in the Buyer
(including without limitation any costs payable) to the exclusion of the Seller
22. The Buyer shall ensure that all deposit monies and all further sums due after the date of this
contract shall be paid in pounds sterling all sums payable by the Buyer to the Seller under
this contract shall be from or drawn on a financial institution regulated by the European
Community amending Directive (EU) 2015/849 on the prevention of the use of the financial
system for the purposes of money laundering or terrorist financing, and amending Directives
2009/138/EC and 2013/36/EU and (a) the Seller shall not be obliged to accept monies from
or drawn on a financial institution which is not so regulated; and (b) any purported payment
from or drawn on a financial institution which is not so regulated shall be deemed not to have
been made in accordance with the terms of this contract
23. The Seller shall be entitled to have access to the Property for up to fourteen days after legal
completion for the purpose of removing any security grilles or other security measures which
were on the Property at the date of actual completion
24. The title to any security measures at the Property shall not vest in the Buyer
25. The Transfer (substantially in the form annexed) shall be executed in escrow by the Buyer
and delivered to the Seller’s Solicitors no later than 14 days prior to completion
26. In the event of conflict between the General Conditions of Sale and the Special Conditions of
Sale, the Special Conditions of sale shall prevail
27. The Buyer hereby acknowledges that this contract shall form the entire contract between the
Seller and the Buyer to the exclusion of any antecedent statements or representations
whether oral written or implied or contained in any advertisement particulars or other matters
issued or any correspondence entered into by the Seller or his agents and the Buyer hereby
acknowledges that he has not entered into this contract in reliance upon any such statement
or representation

Capital Allowances
None

Maintenance Agreements
There are no maintenance agreements

TUPE
There are no employees to whom TUPE applies

Environmental
General Condition 21 is to apply and the Buyer must rely entirely upon own inspection, survey and
searches

Warranties
None – the Buyer must rely entirely upon own inspection, survey and searches

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