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Auctions, Case Tracker, Contract, conveyancer, Conveyancing, Conveyancing Quote, Do your own conveyancing, First Time Buyers, house buyers report and inspection, Property, Property Auctions, Property Market, property owner, Property Report, property searches, purchase, searches, Stamp duty, survey    No Comments

There are a great number of benefits to buying a property at auction such as a quick completion time and often the chance of getting a property at a very cheap price. However, it’s essential that you think carefully about what will happen when buying an auction property. Make sure that you go in with all of the information you need and above all don’t get caught up in the excitement of the auction house!

There’s a lot of things to think about – make sure you do your homework!

Have you seen the property?

Don’t be tempted to make a purchase on a whim if it seems like a bargain. It is so important to view the property first and to also obtain a survey on the house to establish if there are any structural issues which could affect value or your ability to get a mortgage. There could also be a tenant occupying the property which may complicate matters for you, or the property could be located in an area which may make it difficult to sell or rent. Doing your homework first will help you to avoid problems later on.

Do you have the money?

If you succeed at the auction you will need to exchange contracts immediately and pay a deposit there and then. This is usually 10 per cent of the price of the property. You will also be required to complete the purchase within a time limit, usually around 4 weeks from the date of the auction. Once you have exchanged contacts, you are legally bound to buy the property and if you don’t complete within the stipulated period, you may lose your deposit. Be sure you have all your funds available and if you are buying with a mortgage, that you have at least your mortgage in principal in place before you attend the auction. A delay on any of your funds prove a costly mistake.

Have you read the legal pack and spoken to a specialist Conveyancer?

Each property at auction has a legal pack and this contains all the information you would obtain through your solicitor when completing the purchase of a property through the usual channels. You should obtain the legal pack before the auction and ask your Conveyancer to review it for you so they can highlight any difficult areas. This could include title issues and items revealed in the searches which may affect the value of the property and often small print which makes you responsible for the seller’s legal fees or other costs. Being aware of these issues before bidding on a property is critical!

If you want to go ahead – your Solicitor will contact the auctioneers to get the legal pack and give you a report on the contents for a fixed fee. If you then are successful at auction can be deducted from the full legal fee for purchasing of the property.

Get in touch – we’re here to help

If you are interested in purchasing a property at auction and want some legal advice simply call us on 01623 45 11 11 for further information and an instant quote.

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Commercial, commercial property, Property, purchase, Uncategorized    No Comments

development land

When we are acting for developers who are purchasing a piece of land quite often mines and minerals will have been excepted.

If the mines and minerals are excepted this means that someone else has the rights to mines and minerals in, on or under the land. The risk to the developer is that the owner of the reservation of mines and minerals may allege that the foundations of any development may amount to trespass.

If you identify that the land if subject to any such reservations then the first step is to get as much information as possible about the reservation top see how they affect your planned use, such as at what depth of the mines and minerals that are reserved.

If land that you are planning to develop has rights to mines and minerals reserved then there are a number of ways to address the matter:-

1. obtain indemnity insurance, the indemnity insurance will not remove the reservation but it would mean that if a claim is made for trespass and /or access for works then a claim for losses can be made under the policy;

2. that you contact the minerals owner to ask whether they would be minded to sell their rights. Any approach to the owner of the mines and minerals should be considered seriously beforehand as once you make contact with the owner you will be prevented from obtaining indemnity insurance.

If you are a developer and have a question on mines and minerals then please do not hesitate to make contact with Christie Limb on 01623 663244.

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Good Leasehold title, Lease, leasehold, Leasehold Conveyancing Quote, Property Market, purchase, Quicker conveyancing, sale, Service Charge    No Comments

flat block


Owning the freehold means that you own the land and the building on the land.

If you own a leasehold property the land is owned by the freeholder known as the landlord and the leaseholder, the tenant, owns the property the term of the lease. When if the lease expires, the property returned back to the ownership of the landlord.

Leasehold properties are common and are very useful when you need to have rules in place regarding the management of common areas, say a block of flats, as the leaseholders will each own their flat but the landlord will continue to own the structure and the common parts such as the staircases, the gardens, parking areas etc  and each of the leaseholders will generally be required to pay towards the upkeep of such.

If you are planning to buy or sell a leasehold property please contact our specialist leasehold team as they would be happy to provide you with a fixed fee quote.

Christie Limb







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Auctions, Commercial, commercial property, Property, Property Auctions, purchase    No Comments

auction hammer

If you are planning to sell a commercial property at auction you need to think about the following:
1. CPSE replies (commercial property standard enquiries) these are a list of questions like the property information forms on a residential property that provides potential buyers with important information about the property such as boundaries and maintenance,  planning, environmental matters.  The issues that seem to cause the most difficulty for sellers is planning and evidence of planning permission for use along with VAT and capital allowances. It is important for the buyer to know whether VAT is payable on the purchase price, likewise a buyer may be wanting to claim capital allowances and needs information from the seller to assess such.It is better to get these answered as quickly as possible as the sooner the more information the prospective buyers have on the property.
2. Searches , in properties not sold at auction the buyer will arrange for searches such as local, drainage and environmental  to be completed. When a property is being placed into auction I would advise the seller to provide as much information as possible to prospective buyers. I would also suggest that the seller request that the buyer pays back to them the cost of the searches.
3. If the property is subject to tenancies/lease copies of the tenancies/leases will need to be provided and referred to in the contract so that any buyer knows that the property is not being sold with no one in it. Further details of the rents paid and whether there are any rent arrears will be required
It is important with an auction property to get as much information together as quickly as so that you are able to attract as many buyers as possible.
I have lots of experience in dealing with commercial properties being sold at auction and would be happy to provide you with a fixed fee quote for the work.
Please feel free to call me on 01623 448302 or email me on climb@fidler.co.uk



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Mortgage approvals for house purchase rose to 52,982 in October, the Bank of England has said.
The figure was an improvement on September’s figure of 50,415 and was the highest since January. However, it was still only about half of the monthly average of 103,000 in the decade to 2007.
We are still bumping along the bottom of the property market but things are increasingly gradually and to be honest that is best for everyone concerned.
If numbers spiked the whole industry wouldn’t know whether to recruit staff or try and ride out the storm. We are in new territory in terms of predicting how the market will behave so a gradual increase is best tor all concerned.

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It has been reported by the Council of Mortgage Lenders that for the fifth month in a row the mortgage lending year on year has gone up.

It has also been reported that the average house price has increased,  Halifax have reported that UK house prices increased by 0.6% in January 2012. Halifax state that the average house price last month was £160,907.

What a good start to the year. Roll on 2012.

If you do decide that buy or sell your please contact us for a fixed price conveyancing quote.

Christie Limb


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The sale of a business constitutes a supply for the purposes of the Value Added Taxes Act 1994. VAT is therefore payable on the whole of the payment made on the sale/purchase of a business. However under article 5 of the Value Added Tax (Special Provisions) Order 1995 (SI 1995/1268) VAT is not payable if the transaction is considered to be a transfer of a going concern.

To be a transfer of a going concern that the following must be satisfied:-

The seller is registered for VAT and the buyer is also registered;

The business is a going concern

The assets continue to be used for the same kind of business

If only part of the assets of the business are sold, the assets are capable of independent operation.

The Special Provision Order generally means that VAT in most cases is not payable on the purchase of a business as a going concern.

If you are buying the property at the same time as the purchase of the business you will need to establish whether or not VAT is chargeable on the transaction. If the building is more than 3 years old, usually the property will be exempt from VAT provided that the seller has not opted to tax the property.

If the seller has opted to tax then the buyer must register for VAT and must opt to tax at the relevant date, the definition of relevant date is quite confusing but generally it is the date when money first passes hands like the payment of the deposit.

VAT is a complex area and therefore we suggest that if you are considering buying a business or in the process of buying one that you instruct solicitors. Our Christie Limb would be more than happy to assist you, please feel free to send an email to climb@fidler.co.uk.

Christie Limb



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According to the BBC website between April-June 2011 in Ashfield the average house prices rose 5.8% and in Mansfield they rose by 3.7%.


This is great news for the local housing market.


If you are planning on buying or selling a property please click on the hyper link for a  conveyancing quote as we would be happy to assist you with your conveyancing transaction.


Christie Limb



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I met an estate agent friend last week – I’ve not seen him for about a year. It was nice to catch up and se how things are going – he’s about 20 miles away from us. Things are going Ok for him, and gradually improving. As we got talking it through it seems that the number of properties being sold are up about 30-45% on the same time last year – a substantial increase in the volume of jobs going through. I thought this was brilliant news – a good sign that things are on the up.

I know he’s red hot on sending out press releases to the local media so I asked what he’d made of this good news. He said he can’t get a story like that into the media because it doesn’t fit with the prevailing view that things are dire and not likely to improve. Our own figures back up what he as saying – the number of jobs passing through is about 36% up on the year to date in 2010. It seems utterly amazing to me that real genuine property news from people at the sharp end won’t be put in the media because it doesn’t coincide with the popular story. Yet on the other hand doom-mongers predicting the end of the world get more column inches than you can shake a stick at.

If the Murdoch/phone hacking story leads to any change in newspaper reporting in the UK, lets hope it leads to a bit of good news for a change. There’s plenty out there but to open a newspaper you wouldn’t believe it. I won’t hold my breath though.

Oh and one more thing – I’m talking about a rise in number of transactions – not house prices. But it’s the number of transactions that’s actually more important to the economy – every time someone moves this results in a flurry of new carpets, curtains, DIY, electrical and plumbing work.

If you are one of those people looking to move house and you want an instant conveyancing quote then give us a chance to pitch for your work



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The question that dare not speak it’s name?!

My answer is I don’t know. What I do know however is that our new conveyancing instructions for January 2011 are 60% up on the same time last year. Yes you read that correctly a 60% increase. Now just before you look for the next property boom it’s important to bear in mind that last January we were hit by snow and freezing weather so the year on year comparison isn’t quite so clearcut. However when I compare it to 2009 levels we’re still almost 20% up.

What does that mean? The market is too fragile to make any meaningful sense of this – perhaps people are fed up with the media’s constant diet of bad news stories.  Perhaps the banks have finally started to loosen their stranglehold on lending – who knows. I’m just thankful for a good solid start to the new year. – long may it continue!

This is also backed up by a news story from rightmove who report that in January asking prices actually increased for the first time in several months

bye for now


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