Terms & Conditions & Refund Policy

If you require any professional advice from solicitors, mortgage advisors or insurance companies, you will find details of various companies that will be happy to help you in our auction online catalogue. 

Alternatively, if you require any further information on purchasing properties at Auction please do not hesitate to contact our office. Meridian auction registration In order to place any bids on the Meridian Auction website you will first need to register. 

You will be asked to complete a User details form and to pay the refundable Registration Fee (currently £200.00 by Credit or Debit Card via our Meridian online Auctions Services currently charge an Administration fee of 4 % of the total sale price of the lot. 

These charges will  be applied to every sales invoice. Additionally we charge a Credit Card Processing Fee of 3% + VAT on all on-line Credit Card Transactions. The Credit Card Processing fee will affect On-Line Deposits and Registration. The contract will specify the completion date which is usually 28 days from the auction. 

You must ensure that the remaining balance of the purchase price is with your solicitors before the completion date, in order to conclude the transaction.

If you are having a mortgage you must instruct your bank/building society to proceed with your application immediately to ensure the funds are made available in time. Failure to complete your purchase for any reason will result in penalties. 

You will at least lose your deposit plus the vendor can sue you for their out-of pocket expenses such as our costs as well as his/her solicitors’ fees and for any shortfall if the property is sold again for less money. Terms of Website Use 

Introduction 

Meridian Estates (west Midlands ltd) (or “we”) operate the site meridian-esates.com (“the Site). Our registered office is 16 Waterloo Road , Capehill ,Smethwick B66 4jw   .

We are registered with company number 06160539  and registered for VAT purposes with number 906891986. This terms of website use (together with any documents referred to in it such as the Privacy Policy) tells you the terms on which you may use this Site (“the Terms”). 

We operate this Site for the purpose of promoting and facilitating auction and property services. By using this Site (including accessing, browsing or registering to use this Site), you confirm that you accept these Terms and that you agree to comply with them. 

If you do not agree to these Terms then you must not use this Site. You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our consent. 

Changes to these Terms

From time to time we may modify the Terms. It is your responsibility to continue to review these Terms whenever accessing or using this Site. The most recent version of the Terms will apply whenever you use this Site.

 Other Applicable Terms

 There are additional terms which apply to this Site namely our Privacy Policy which can be found on this Site and if you purchase any goods or services from our Site then our terms and conditions of supply in relation to those goods or services will apply to such sales. 

Changes to this Site 

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions. 

No Reliance on Information

Whilst we take reasonable steps to ensure the accuracy of the information accessed via this Site, we make no representations, warranties or guarantees, whether express or implied, as to the accuracy, timeliness or completeness of any information or material appearing on this Site. 

The information does not constitute professional advice on any particular matter. Whilst the information is believed to be valid for the purpose of general information, we cannot be held responsible for the outcome of actions based on the information.

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. 

We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk. 

Intellectual Property / Copyright Notice 

Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together“
Content”) 
are protected by copyright, trade marks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this Site is entitled to view any part of the Content. 

However, the Content must not be used nor reproduced (in whole or part) by you for any other purpose including on or in connection with another website or publication or for direct commercial gain. Furthermore, any links to this Site must be notified to and approved by us before they are created or steps are taken to create the same. 

Your Obligations

You will use the Site only in accordance with these Terms and for lawful purposes only. Any password that we may provide to you must be kept secure and not disclosed to any third party. You will be liable for any unauthorized use of your password. 

Accessing our Site

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. 

We will not be liable to you if for any reason our Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and any other applicable terms and that they comply with them.

Links to our Site

Websites or pages to which this Site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any damage or losses that may arise from your use of the same.

Data Protection

By using this Site and using any service provided through this Site you agree to these Terms and consent that we may process any personal data that is collected from you in accordance with our Privacy Policy found on this Site meridian-estates.com/Terms & Conditions

No Warranty

 This Site and its content are provided “as is” and “as available” and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied. We accept no liability for functions contained on the Site and make no warranty that the Site will operate error-free or that any defect will be corrected. 

Limitation of Liability

You acknowledge that your use of this Site and its content is at your own risk. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. 

We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:use of, or inability to use, our Site;
use of or reliance on any content displayed on our Site.

Please note that in particular, we will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods of services to you, which will be set out in our applicable terms and conditions of supply.

Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses or that it will be compatible with your computer equipment.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. 

You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Local Laws and Regulation

This Site is not directed at persons in a jurisdiction where for any reason the Site’s publication or availability is prohibited and any person for whom such a prohibition applies must not access the Site. Those who access the Site do so on their own initiative and are responsible for compliance with applicable local laws or regulations.

Validity of Provisions and Remedies

If any provision of these conditions is or becomes invalid or contravenes applicable regulations then the remaining provisions will not be affected.

Waiver

No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

Governing Law and Jurisdiction

These Terms are governed by the Laws of England. If you are a business then we both agree to the exclusive jurisdiction of the courts of England and Wales. If you are a consumer then we both agree that the courts of England and Wales shall have non-exclusive jurisdiction.

BUYER

The person who agrees to buy the lot or, if applicable, that person’s 

representatives: if two or more are jointly the BUYER their obligations can be

enforced against them jointly or against each of them separately.

CATALOGUE

The CATALOGUE describing the LOT to be sold and to which the CONDITIONS

refer including any supplement to it and any ON-LINE website displaying such information.

CONDITION

One of the AUCTION CONDITIONS or any condition incorporated into the

RESERVATION CONTRACT in relation to a LOT.

DOCUMENTS

DOCUMENTS of title (including, if title is registered, the entries on the register and

the title plan) and other DOCUMENTS listed or referred to in the SPECIAL

CONDITIONS relating to the LOT.

EXCLUSIVITY PERIOD

The period of twenty (20) business days (or such other period stated in the

RESERVATION CONDITIONS) during which the BUYER has the exclusive right to

buy the LOT

LOT

 Each separate property described in the CATALOGUE or (as the case may be) the

property that the SELLER has agreed to sell and the BUYER to buy (including

chattels, if any).

ON-LINE

Our website or any other website referred to on it.

PARTICULARS

The section of the CATALOGUE that contains descriptions of each LOT (as varied

by any ADDENDUM).

PRICE

The PRICE that the BUYER agrees to pay for the LOT.

PURCHASE DEPOSIT

A deposit of such sum as notified by us before the start of the auction paid by the

buyer to us to reserve a LOT and in part payment of the PRICE of the LOT.

RESERVATION CONDITIONS

The conditions binding upon the BUYER and the SELLER in the RESERVATION

CONTRACT under which the BUYER is granted an EXCLUSIVITY PERIOD.

RESERVATION CONTRACT

The RESERVATION CONTRACT by which the SELLER agrees to grant the BUYER

an EXCLUSIVITY PERIOD in connection with the purchase of the LOT

RESERVATION FEE

A non-refundable fee of 4% plus vat subject to a minimum of £5000 plus vat paid by

the buyer to us to reserve a LOT. This is in payment of our fees for conducting the auction.

RESERVATION FORM

The form of RESERVATION CONTRACT which is to be signed by a BUYER and by

US (on behalf of the SELLER) reserving the LOT for the EXCLUSIVITY PERIOD.

SELLER

The person selling the LOT. 

If two or more persons are jointly the SELLER their obligations can be enforced against them jointly or against each of them separately.

VAT

Value Added Tax or other tax of a similar nature.

WE (and US and OUR)

 The AUCTIONEERS.
YOU (and YOUR)
Someone who has seen a copy of the CATALOGUE or who bids at the AUCTION, whether or not a BUYER.

 THE AUCTION CONDITIONS

M1. Introduction

M1.1 Words in CAPITALS have special meanings, which are defined in the Glossary.

M1.2 The CATALOGUE is issued only on the basis that YOU accept these AUCTION CONDITIONS. They govern OUR relationship with YOU and cannot be disapplied or varied.

M2. Meridians role

M2.1 As agents for each SELLER WE have authority to:

(a) prepare the CATALOGUE from information supplied by or on behalf of

each SELLER;

(b) offer each LOT for sale;

(c) sell each LOT;

(d) receive and hold deposits;

(e) sign each RESERVATION FORM; and

(f) treat a reservation as repudiated if the BUYER fails to sign a RESERVATION FORM or pay a sum of money as required by these

AUCTION CONDITIONS.

 

M2.2 OUR decision on the conduct of the AUCTION is final.

M2.3 WE may cancel the AUCTION. WE may also combine or divide LOTS. A LOT may be sold or withdrawn from sale prior to the AUCTION.

M2.4 YOU acknowledge that to the extent permitted by law WE owe YOU no duty of

care and YOU have no claim against US for any loss.

M3. Bidding and reserve prices

M3.1 All bids are to be made in pounds sterling exclusive of any applicable VAT.

M3.2 WE may refuse to accept a bid. WE do not have to explain why.

M3.3 If there is a dispute over bidding WE are entitled to resolve it, and OUR

decision is final.

M3.4 Unless stated otherwise each LOT is subject to a reserve PRICE (which may

be fixed just before the LOT is offered for sale). If no bid equals or exceeds that

reserve PRICE, the LOT will be withdrawn from the AUCTION.

M3.5 Where there is a reserve PRICE the SELLER may bid (or ask US or another

agent to bid on the SELLER’s behalf) up to the reserve PRICE but may not make a

bid equal to or exceeding the reserve PRICE. YOU accept that it is possible that all

bids up to the reserve PRICE are bids made by or on behalf of the SELLER.

M3.6 Where a guide PRICE (or range of PRICEs) is given that guide is the minimum

PRICE at which, or range of PRICEs within which, the SELLER might be prepared to

sell at the date of the guide PRICE. But guide PRICEs may change. The last

published guide PRICE will normally be at or above any reserve PRICE, but not

always, as the SELLER may fix the final reserve PRICE just before bidding

commences.

M4. The PARTICULARS and other information

M4.1 WE have taken reasonable care to prepare PARTICULARS that correctly

describe each LOT. The PARTICULARS are based on information supplied by or on

behalf of the SELLER. YOU need to check that the information in the

PARTICULARS is correct.

M4.2 If the PARTICULARS do not contain a detailed description of the LOT, or

simply refer to the relevant LOT number, YOU take the risk that the description

contained in the PARTICULARS is incomplete or inaccurate, as the PARTICULARS

have not been prepared by a conveyancer and are not intended to form part of a

legal RESERVATION CONTRACT.

M4.3 The PARTICULARS may change prior to the AUCTION and it is YOUR

responsibility to check that YOU have the correct versions.

M4.4 If WE provide information, or a copy of a document, provided by others WE do

so only on the basis that WE are not responsible for the accuracy of that information

or document.

M5. The RESERVATION CONTRACT

M5.1 A successful bid is one WE accept as such (normally on the fall of the

hammer). This CONDITION M5 applies to YOU if YOU make the successful bid for a

LOT.

M5.2 YOU are obliged to enter into a RESERVATION CONTRACT on the terms of

the RESERVATION CONDITIONS at the PRICE YOU bid plus VAT (if applicable).

M5.3 YOU must immediately:

(a) provide all information WE reasonably need from YOU to enable US to

complete the RESERVATION FORM (including proof of YOUR identity if

required by US);

(b) sign the completed RESERVATION FORM; and

(c) pay the RESERVATION FEE.

M5.4 If YOU do not WE may either:

(a) as agent for the SELLER treat that failure as YOUR repudiation of the

RESERVATION CONTRACT and offer the LOT for sale again: the SELLER may

then have a claim against YOU for breach of RESERVATION CONTRACT; or

(b) sign the RESERVATION FORM on YOUR behalf.

M5.5 The RESERVATION FEE and PURCHASE DEPOSIT:

(a) are to be held as agent for the SELLER, or as stated in the CATALOGUE; and

(b) mustbe paid in pounds sterling by cheque or by bankers’ draft made payable to

US on an APPROVED FINANCIAL INSTITUTION or by a direct transfer from a bank

account with an APPROVED FINANCIAL INSTITUTION to a bank account as

notified to YOU by US

M5.6 WE may retain the RESERVATION FORM signed by or on behalf of the

SELLER until the deposit has been received in cleared funds.

M5.7 If the BUYER does not comply with its obligations under the AUCTION

CONDITIONS or the RESERVATION CONDITIONS then:

 (a) YOU are personally liable to buy the LOT even if YOU are acting as an agent;

and

(b) YOU must indemnify the SELLER in respect of any loss the SELLER incurs as a

result of the BUYER’s default.

M5.8 Where the BUYER is a company YOU warrant that the BUYER is properly

constituted and able to buy the LOT.

 THE RESERVATION CONTRACT

E1 Introduction

E1.1 Words in capitals have specified meanings, which are defined in the Glossary.

E1.2 Where YOU win an auction for a LOT you must sign a RESERVATION FORM,

which is a legally binding RESERVATION CONTRACT between the BUYER and

SELLER in which the SELLER grants an EXCLUSIVITY PERIOD to the BUYER on

the terms set out in the RESERVATION CONTRACT and on the RESERVATION

FORM.

E2 Payment of the RESERVATION FEE

E2.1 The RESERVATION FEE is payable immediately on winning the AUCTION for

a LOT.

E3 Payment of the PURCHASE DEPOSIT

E3.1 The PURCHASE DEPOSIT is payable RIGHT AFTER THE BIDDING ENDS (2) of winning
an auction for a LOT.

E3.2 The PURCHASE DEPOSIT IF ANY is to be held by US and, following formal exchange

of contracts for the sale and purchase of the LOT, transferred to the SELLER’S

conveyancers as part payment of the PRICE for the purchase of the LOT.

E4 The SELLER’S obligations

E4.1 On the RESERVATION FORM being signed and both the RESERVATION FEE

and PURCHASE DEPOSIT being paid, the SELLER will grant to the BUYER a

period of exclusivity of twenty (28) business days from the date of the ending of the

AUCTION.

E4.2 During the EXCLUSIVITY PERIOD the Seller agrees:

(a) not to agree another reservation of the LOT;

(b) not to encumber or deal with the title to the LOT by way of sale, gift, transfer or

mortgage or in any other way;

 (c) to give such access to the property as may be reasonably required by any

surveyor or valuer appointed by the BUYER or the BUYER’S lender;

(d) to instruct the SELLER’S conveyancers to issue a contract for the sale of the

LOT to the BUYER and to supply all documentation, information and authority to

enable the SELLER’S conveyancers to draft and negotiate the sale contract and do

all work necessary and use all reasonable endeavours to enable contracts for sale of

the LOT to be exchanged within the EXCLUSIVITY PERIOD;

E4.3 The seller may (but shall not be obliged to) grant an extension of the

EXCLUSIVITY PERIOD. Any such extension must be confirmed in writing.

E5 The BUYER’S obligations

E5.1 The BUYER agrees:

(a) to use all reasonable endeavours to proceed to a formal exchange of contracts

for the purchase of the LOT within the EXCLUSIVITY PERIOD;

(b) to immediately instruct conveyancers to investigate title to the LOT, raise

enquiries about the LOT and do any other work required to enable contracts for the

purchase of the LOT to be exchanged within the EXCLUSIVITY PERIOD;

(c) to promptly do everything necessary to arrange finance for the purchase of the

LOT.

(d) that the date of completion to be specified in the contract exchanged for the

purchase of the LOT shall be no later than ten (10) BUSINESS DAYS after the date

of exchange of contracts;

(e) to pay to US on exchange of contracts the cost of any searches relating to the

LOT which may have been incurred by US IF ANY.

(f) that if contracts for the purchase of the LOT have not been exchanged within the

EXCLUSIVITY PERIOD the SELLER may immediately re-offer the property for sale.
E6 Termination of reservation

E6.1 except as specified in E6.3, the RESERVATION CONTRACT shall not be

capable of termination by the SELLER or the BUYER during the EXCLUSIVITY

PERIOD.

E6.2 On the expiry of the EXCLUSIVITY PERIOD (or the expiry of any extension

granted by the SELLER in writing) if the BUYER has not exchanged contracts to

purchase the LOT, the reservation of the LOT shall automatically terminate.

E6.3 During the EXCLUSIVITY PERIOD the SELLER may terminate the reservation

of the property by written notice to the BUYER if the BUYER is in breach of any of

the BUYER’S obligations contained in the RESERVATION CONTRACT.

E6.4 On the termination of the reservation of the LOT, whether under E6.3 or on the

termination of the EXCLUSIVITY PERIOD and subject to E6.5 and E6.6, the

RESERVATION FEE and the PURCHASE DEPOSIT will be immediately forfeited

and non-refundable to the buyer.

E6.5 Provided that the BUYER provides US prior to the ending of the
 
EXCLUSIVITY PERIOD

 with written evidence that the BUYER is unable to obtain mortgage finance for the purchase of the LOT for some reason connected with the legal title to the LOT
other than one related (whether solely or partly) to: the physical state or condition of the LOT;the financial status of the BUYER or anyone acting (or intending to act) as the BUYER’S guarantor; the suitability of the LOT for the BUYER’S

intended use or any other use; the location of the LOT;any actual or proposed development in the area in which the LOT is situated;any matter to which was disclosed to the BUYER prior to the ending of the auction;the PURCHASE DEPOSIT (but not the RESERVATION FEE) shall be returned by

US to the BUYER within 5 BUSINESS DAYS of the termination of the EXCLUSIVITY PERIOD.

E6.6 The written evidence required in E6.5 must consist of a statement signed by a

Solicitor experienced in Conveyancing (but not one acting for the BUYER in

connection with the purchase of the LOT) that in his/her reasonable professional

opinion the legal title to the LOT is not suitable for mortgage purposes in relation to a

loan to be provided by a lender who is either a member of the Council of Mortgage

Lenders or the Building Societies Association.

This agreement has been entered into on the date stated on page 1

Signed by

…………………………………………………………………………………………..

( Name of seller or agent of seller ) …………………………………………………

Signed by

……………………………………………………………………………………………..

(Name of Buyer ) …………………………………………………………………………

 

Contact Us

To contact us, please email info@meridian-estateagents.com

0121-5653040

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