Property auctions are one of the most popular places for prospective investors and developers to look for projects. There are many alternatives, but auctions remain very popular despite the current difficulties in obtaining finance.
The auction hall is often looked upon as the first step on the path to running a property business. However, auction day is really the very end of the first stage.
There are some terms that are used when describing auction lots that many potential bidders are not familiar with. It is so important to understand what you are getting into; auctions can be unforgiving to the unprepared:
“The vendor is a Mortgagee not in possession“.
- Obviously the Vendor is the party who is selling the property at auction.
- The ‘Mortgagee‘ is the bank or building society who originally provided the loan for the purchase of the property (the Lender). This is the opposite of the ‘Mortgagor’ who is the person(s) buying the property (borrower).
- The term ‘Not in Possession‘ means that the party selling the property do not actually own the legal interest (whether this is Freehold or Leasehold). When a lender provides a loan (mortgage) for a person to buy a property, the lender has a ‘first charge’ on the property. This means that they retain the legal right to sell the property to recoup financial loss in the event of the borrower breaching the terms of the mortgage by defaulting on the repayments.
So, what the term above means in laymans terms, is
“that the party selling the property is a bank/building society who do not actually hold the legal title on the property, but who are exercising their legal right to get their money back by selling the property.” Essentially, it’s a repossession.
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“Therefore the accommodation and any basis of occupancy cannot be confirmed”
- This means that the parties offering the property up for sale at auction (the legal firm and the auction agents providing the details) will not offer any indication of the state of current occupancy. There could be (for example) 20-odd families living in it, or there could be a terminally ill old lady….. It’s absolutely the responsibility of the person intending to buy the property to reassure themselves and investigate the situation before they bid.
- If you were to bid on a particular property and actually get the winning bid, you do not have much in the way of recourse if it turns out you’ve bought something not quite right. It’s only if a property has been falsely advertised and you believe something you are told in good faith that you can take action to legally rectify this (by suing someone for example). This is why the auction agents will not give any information in respect of anything they don’t know for certain, it’s because they know they can be sued for it if it turns out to be incorrect.
- If you were to successfully bid on a property and it turns out someone is already living in it (legally or otherwise), that party often has some legal rights to stay there until you obtain a court-order to evict them.
Essentially, it’s up to the bidding party to investigate the current circumstances of the property. If you want to purchase an investment property with a tenant already in place, then it’s up to you to make sure that the tenancy and lease are all in order and no-one is living there who shouldn’t be. If you intend to buy a vacant property, then it’s up to you to make sure it is indeed empty before you bid. There is often hidden legal issues in property, especially at auction. However, there is usually every opportunity to make sure that nothing comes back to bite you on the a***. If you are offered a property without actually seeing and investigating it, then (to be realistic) you shouldn’t pay much for it because you’re exposing yourself to massive financial risk.
In respect of purchasing the property at auction, it is 80%-90% a legal process. You are purchasing the legal title to a property which means you will have ‘exclusive possession’ (unless someone else is living in it and also has a legal right to be there). You should be 100% certain that you know what you’re buying into before you bid.
When buying a property at auction, it pays to be suspicious about everything; so do your homework!















