auction Flashcards
Talk me through the legislative/regulatory requirements relating to auctions.
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Legislation
Property Services Act 2011
License type A License to carry out auctions on anything other than property/land.
Licence type B - The purchase or sale (by auction or private treaty) of land (including buildings)
Auctioneers and House Agents Act, 1947
Regulation
SCSI The Real Estate Agency Practice Manual Guidance Note 2013
RICS Auctioneers selling real estate (incorporating Common Auction Conditions), 7th edition 2018 *Based on England & Wales but principles are the same.
Real estate agency and brokerage, RICS professional statement, global”
Talk me through the auction process.
Before the auction
1 - Competence
2 - Interest Checks
3 - TOE and AML checks done
Appraise.
Agree auctioneer’s rights to refuse bids, location and acceptance of bids via telephone, internet etc agreed
Inspect – measure, photos, description check.
Valuation and provide a reserve price.
Full due diligence and legal pack should be completed prior to offering for sale
Advertising on all platforms, newspapers etc.
Carry out viewings, answer queries.
Auction Day
- Ensure information available to inspect on day.
-Collect buyers details, deposit and AML checks.
Post auction
- Exchange contracts.
- Take the contract deposit 10%.
Why should you issue a Letter of Engagement?
It is mandatory for all instructions.
Complete LOE Form A - 2018 which covers: Fees, outlays, reserve.
In case of a dispute, LOE will protect all parties.
Tell me about valuing an auction property?
Inspect the asset for sale, and assess market value.
Agree a reserve with the vendor.
+/- 10% works best.
Inform yourself about the asset for sale.
Look at previous sales of similar asset type.
What types of locations are auctions held in? What does a suitable premises have?
Auction rooms (OCM rent function rooms in The Strand Hotel). Vendors site
Regular auctions held at auctioneers premises.
Vendors sites are convenient for clearance sales.
Online auctions * become very popular.
You should provide suitable premises, where the bidders undivided attention can be had. Equally if you are successful in conducting your sale, a suitable room should be available in order that the contract can be signed by the purchaser and the deposit paid. It is prudent to have this action carried out before introducing the purchaser to the vendor.
What happens on the auction day?
Preparation done, Nerves kick in, anxious time.
Check online system EIG (back of house Youbid).
Double check that all reserves are correct between the instruction email from client – to reserve price on EIG – to advertised price.
Who has turned up?
Commission bids, Phone bids are registered.
Different Lots have separate end times. E.g. Lot 1 ends at 11:10, Lot 2 ends at 11:30, Lot 3 ends at 12.
Generally the phone is also busy with potential purchasers queries, Common queries:
- Do I need to keep refreshing? No you don’t.
- Can I register late? Yes you can. Set up through Youbid and if you have any issues call us.
Take note of my estimated sales. Which units have users registered on them with deposits paid?
If I see that someone has registered and not paid, I would call them to remind them of the auction.
Timeframe 10am – 1:45pm
What is the AMV range allowed under PSRA?
10%
When is an auction sale legally binding?
On the day of the auction when the contracts are exchanged.
What due diligence should be carried out pre-auction by the agent?
Receive instruction
C - competence
I - Interest checks
T - TOE.
Arrange for all relevant legal documentation (title, leases) and plans to be available
Choosing auction venue with sufficient size with insurance cover
Not provide misleading guide prices
Advice all applicants if a lot is withdrawn prior to the auction
Confirm the VAT/BER position
Inspection
Measurement
As the agent, I should have a detailed knowledge of the property being offered. This means inspecting it, making a careful study of
boundaries, checking relevant maps, documents, and in particular planning documentation. My code of conduct as a member of the Society of Chartered Surveyors Ireland requires that I act in a professional and competent manner.
What due diligence do you recommend buyers to carry out pre auction?
Buyers should carry out all due diligence pre auction, the same as they would for a property being sold by private treaty.
1) Full survey/ engineers report
2) planning search
3) Analysis of contract
Example of points to look out for: No judgement mortgages on the property, certificate of compliance on extensions/ building works. Solvency of the management company.
What are the advantages/disadvantages of buying at auction?
Advantages
Transparency
Degree of certainty of sale and terms
Quick purchase
Disadvantages Lack of confidentiality High costs Intense timescales Higher risk as contracts exchange on auction day
What are the advantages/disadvantages of selling at auction?
Advantages Short, certain timescales (quick sale) Competitive bidding Binding contract at fall of gavel Wide market exposure Certainty on selling terms
Disadvantages
High costs
Intense timescales
It is not a confidential process
The marketing period is likely to be short
A failure to sell might lead to the property becoming ‘blighted’
There is little control over the identity of the purchaser
What is an auctioneer?
A trained professional who presides over the auction, initiating the sale of a lot by describing the item and starting the bidding. Once the first bid is made, others may offer higher bids. Bidders may be present in the saleroom, on the phone or online. Auctioneers also place bids on behalf of absentee bidders and finally determine when the highest bid has been made. If a work sells, the auctioneer announces, “sold.” If the item does not meet its reserve or there are no bidders, the auctioneer signifies this with a “pass.”
What are the RICS Common Auction Conditions?
Common Auction Conditions, 2018 (4th edition)
The Common Auction Conditions are designed for real estate auctions, to set a consistent practice across the industry. There are three sections:
1) Glossary
2) Auction Conduct Conditions
The Auction Conduct Conditions govern the relationship between the auctioneer and anyone who participates in the auction. They apply wherever the property is located, and cannot be changed without the auctioneer’s agreement. We recommend that these conditions are set out in a twopart notice to bidders, part one containing advisory material – which auctioneers can tailor to their
needs – and part two the auction conduct conditions and any extra auction conduct conditions.
3) Sale Conditions
The Sale Conditions apply only to property in England and Wales, and govern the agreement between each seller and buyer. They include general conditions of sale and template forms of special conditions of sale, tenancy and arrears schedules and a sale memorandum. They must not be used if other standard conditions apply.
When were the CAC last updated?
2018
Talk me through the RICS Professional Statement Auctioneers Selling Real Estate (7th Edition)? What are they key principles?
This professional statement outlines the principles that shape the culture of fairness and transparency that underpin all activities undertaken by real estate auctioneers. Before carrying out sales by auction, members should take legal advice and also have regard to this real estate auctioneering professional statement.
Chartered surveyors who are acting as auctioneers assume additional duties to both sellers and buyers compared to the usual agency role.
Seller
Auctioneers are acting as agents for the seller and have the power to exchange contracts at the auction such that the seller and buyer are bound by the contract. It sets out guidance on key areas relating to the auctioneer’s relationship with the selling client, including special terms of appointment and the disclosure by the seller and the seller’s solicitor of material factors affecting the sale that may have a bearing on the decisions of a bidder.
Buyer
As most auction contracts are unconditional the buyer is relying on the information available before bidding and for the documentation from the seller’s solicitor being as accurate and comprehensive as possible. The statement also sets out key areas relating to the relationship the auctioneer has with potential bidders, actual bidders and the buyer.
Common auction conditions
The professional statement provides an introduction to the RICS Common Auction Conditions (CAC), which members can adopt to regulate the conduct of the parties at auction and the contract between the seller and the buyer. Members are recommended to take independent legal advice before adopting the CAC to ensure that they understand the contents and implications of the contractual terms and that these are appropriate for their business needs.
Under the common auction conditions, when is completion set for?
Completion is set for:
a) the date specified in the SPECIAL CONDITIONS; or
b) if no date is specified, 20 BUSINESS DAYS after the auction but if that date is a weekend, then 1st subsequent business day.
How do you find out about an auction property?
Daft/ MyHome, Marketing board, catalogue, email
Should you view an auction property before buying?
Yes. Due to the nature of auction properties, it is of extra importance to view the unit for sale in advance of sale. Auction is sometimes referred to the sale of last resort, so there would commonly be issues with title, condition, or saleability. On the auction day, contracts are exchanged so all viewings, engineers inspections and reports must be arrange before this date.
What is an Important Notice to Bidders?
To provide key information to the prospective bidder e.g. property offered subject to the Common Auction conditions (4th Edition April 2018).
- Offer process ( if accepted before auction)
- Successful bidder (fees, deposit etc)
- No responsibility accepted for information unless from catalogue, site or employee.
- Key release
In auction, what is the memorandum of sale?
• Record of agreement between vendor and buyer.
- Address of property
- Vendor details
- Buyer details
- Both solicitor details
- Date, time and address of auction
- Sale price
- Deposit
- Vat
- Signed
In auction, what are the general conditions of sale?
All property sales are covered by the Law Society’s general conditions of sale, which lay down the rules that apply to both the seller and the buyer in order to ensure a fair and reasonable sale. It is important that buyers check these conditions have not been altered or omitted before signing a contract so that they do not end up with the title issues that can be expensive to rectify. The Particulars and Conditions of Sale are altered by the Law Society on occasions. Practicing PSP’s should be familiar with the version in current use.
It is custom and good practice, to read the special conditions from the particulars and conditions of sale to the assembled bidders before the auction commences. If they are particularly lengthy and complicated it is no harm to have copies available and hand them to interested parties. Full copies of the Conditions of Sale should also be available for inspection prior to the Auction.
What would the legal pack contain?
- Official Copy of Register of Title
- Land Registry and Local Searches
- BER
- Leases
- Tenancy Agreements
- Planning Permission Documentation
- Certified Folio Map
- Contract
What might be a special condition of sale?
Special conditions’ are additional conditions attached to a standard contract, and are normally included in contracts relating to the sale of a land. E.g. Delayed completion period.
Or, Purchaser is responsible for vendor’s agency and legal fees
What is a guide price?
A guide price is a marketing figure, which is used to guide potential buyers as to how much a property could be worth. They are not necessarily figures which a property will sell for, the sale price will be dependent on bidding in the auction room. Guide prices can either be a single figure price or a price range.