Lot 1, James L Murtagh Auctioneers - The Ivy Cottage, Fisher Street, Doolin, Co. Clare

TERMS & CONDITIONS - PLEASE READ CAREFULLY

• Viewing:
If you wish to view the property, you should contact James L. Murtagh Auctioneers on 044-93-40088. We will facilitate you and arrange access for you and/or your surveyor.

• Description Of Property:
The particulars contained in our brochure / advertising / social media are issued by James L. Murtagh Auctioneers on the understanding that all negotiations are conducted through them. All descriptions, dimensions, etc., included in the particulars, and any statements made by James L. Murtagh Auctioneers or our representatives, are made in good faith and are not intended to form a basis for any Contract. Any intending purchaser should not rely on them as statements or representations of fact but should satisfy themselves by inspection or otherwise as to the accuracy of same before committing themselves to a Contract. Any maps, plans or photographs in the brochure shall be indicative only and shall not form part of the Contract.

• Guide Price:
The guide price should not be construed as being the selling price of the property and it is the purchaser’s responsibility to decide on how much to bid at the auction.

• Legal Documentation:
Prior to the auction, the solicitor for the vendor will make available the legal documentation in relation to the property, copies of which are available from vendor’s solicitor. It is important to consult your solicitor in relation to the Contracts / Conditions Of Sale of the property before bidding as you will become legally bound by the said Contract / Conditions Of Sale if you are the highest bidder and the property is knocked down to you.

• Identification:
In order to register, it will be necessary to upload a copy of your passport / driving licence and proof of address, i.e., bank statement, correspondence from a Government agency / source, dated within the last 3 months.

• Registration:
In order to bid at the auction, it will be necessary to register with our office, 5 business days prior to the auction. The auctioneer assumes the bidder is bidding for himself/herself. If the bidder intends to purchase a Lot in a name other than his or her personal name, arrangements must be made with the auctioneers in advance. By registering you are deemed to have accepted the terms and conditions of the auction and authorise us, as agents for the vendor, to sign the completed Contract for Sale on your behalf.

• Reserve Price:
The price agreed between the vendor and the auctioneer at which the property can be sold. In the event of the property not reaching the reserve, the auctioneer will deal exclusively with the highest bidder (for half an hour following the auction) in order to realise a satisfactory sale. If a deal is not concluded, then the auctioneer may deal with the under-bidders and any other interested parties following that period of negotiation.

• Deposit:
A deposit of €30 000 is required in order to bid and this is payable in advance of the auction by online bank transfer. Our bank details will be provided to you at registration. The successful bidder’s deposit will become non-refundable as soon as the property is sold and a binding Contract is entered into and the agents are hereby authorised to sign the Contract For Sale on your behalf. The deposit payable on the signing of the Contract is 10% of the purchase price. If there is a shortfall in the deposit furnished by the purchaser prior to the auction, then the purchaser shall be required to lodge the balance of the deposit with the auctioneers within 1 business day of the online auction. If you are not the successful purchaser, your deposit will be returned to you (in full).

• Successful Bidder online or floor bid.
The successful bidder (online or floor) will automatically be deemed to have entered a legally binding ‘contract for sale’ with the Vendor to buy the property or lot.
You agree:
1 Authorise the agent or the agents authorised representative, and/or an individual employed by the agent to oversee the auction contracts (authorised signatory) to execute the ‘contract for sale’ (and/or any other required auction contracts) on behalf of the successful bidder as agent for the successful bidder. Such execution will be electronically signed automatically.
2 The authorised signatory will only have the authority to execute and exchange ‘contracts for sale’ on the day of the auction subject to the lot/property reaching the reserve price or more or being sold after the auction.
3 The successful bidder will within five working days from the final date of the auction transfer the balance of the deposit under the ‘contract for sale’ to the agent. This is 10% of the plus VAT (if applicable) of the successful bidder’s final successful bid. The agent will forward the deposits in its entirety to the vendors solicitor.
Once executed, the ‘contract for sale’ is binding and the successful bidder is legally obliged to buy the lot / property at the successful bid submitted (online or on floor) plus VAT (if applicable)
The successful bidder must complete the transaction in accordance with the ‘contract for sale’.
The successful bidder is required to adhere to the ‘contract of sale’ in its entirety.

• General Conditions:
The highest bidder to be the purchaser, subject to the right of the owner to withdraw the property should the reserve not be met.
The Particulars and Conditions Of Sale may change prior to the auction and it is the sole responsibility of the bidder to make sure they have the latest version.
The auctioneer reserves the right to sell the property prior to auction, withdraw the property from auction, change the order of the Lots, or consolidate the Lots without any notice to any prospective purchaser.

• LSL Online Platform:
Neither James L. Murtagh Auctioneers or LSL Online Auctions, their servants or agents shall be responsible in any manner whatsoever, whether in contract law, tort, common law or otherwise for any loss arising in whatever fashion as a result of loss of internet connectivity during the auction process. The bidder accepts that such contact is at the bidder’s own risk and in the event that the internet link is not established or breaks down, or if there is any confusion or disruption, then the bidder will not be able to participate in the auction.