Auction property in Scotland - articles of roup

gandy666

hi there - i hope you can help.


I've bought a property pre auction from Future Property Auctions.
I asked them for all the legal documentation regarding this property before I made a bid and they sent me the home report.


I paid my deposit and instructed my solicitor to conduct the sale and when his estimate for completion came through there was an article of roup which detailed that I had to pay £995 towards the sellers fees, reduced to £500 for some obscure reason or other. The seller is Sava Estates Ltd. I was not aware of this document when I decided to buy and the auction house did not furnish me with it when I asked as above.


Where do I stand here - feels like I've been stitched up. The auction house says I have to ask for this doc specifically. Its not my solicitors fault. This is a legal doc so why I wasn't given it is beyond me.



Do I have a case for misrepresentation - the 2 solicitors are currently discussing this?


:(:(
Andy

davidmcn

Hard to say without seeing exactly what you had seen when you bid (and their website seems to be down so I can't check). But generally when buying an auction property you ought to be instructing your solicitor in advance of bidding, as you're deemed to have accepted considerably more "legal documentation" than merely the Home Report, and the contract won't give you the usual get-outs you'd have in a normal purchase. Certainly quite common for you to be paying at least a contribution towards the seller's costs.