Buyers notice is particularly brought to Section 2.2.11 below regarding contract signing.
The term 'buynewhomes.ie' or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.
1. GENERAL USE
1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. All users of this website are advised to retained independent legal advisors before, whilst and after using this website.
5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
6. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
7. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
8. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
9. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Ireland.
2. TERMS OF ENGAGEMENT
Auctioneers on buynewhomes.ie agree to carry on business on the following terms and conditions and on such other terms or conditions as may be expressly agreed by buynewhomes.ie with the Auctioneer or set out on the website.
In these conditions the following words and expressions shall have the following meanings:
Auctioneer – registered firm listing property for sale on buynewhomes.ie.
Catalogue - Any advertisement, brochure, estimate, price or other publication whether on buynewhomes.ie or not.
Hammer Price - The price at which bidding on a property finishes, after meeting the reserve set by the Auctioneer.
Sniping - The practice of placing a bid likely to exceed the current highest bid (which may be hidden) as late as possible giving other bidders no time to outbid.
Property - Any item which is placed with the Auctioneer with a view to its sale and, in particular, the item or items on buynewhomes.ie.
V.A.T. - Value Added Tax.
Registration Form - Page as completed on buynewhomes.ie; given at registration stage detailing amongst other matters, name & contact information.
Proof Of Funds - Documentary evidence of sufficient finance to complete on any and all transactions. These include:
(i) Copy of bank statement in the name of the bidder.
(ii) Letter of offer from mortgage lender to the bidder,
(iii) Letter of confirmation from solicitors of funds on hand in their clients account to the benefit of the bidder.
2.2 MEANINGS & PRACTICE
Terms used on buynewhomes.ie have the meanings and practice as follows:
1. Auctioneer Acting as Agent - The Auctioneer is selling as agent for the seller unless it is specifically stated to the contrary. The Auctioneer as agent for the seller is not responsible for any default by the seller or the buyer. The auctioneer does not have the right to bid on behalf of the seller.
2. Auctioneer Bidding on behalf of Buyer - The interests of prospective buyers are best protected and served by the buyers bidding at auction. The Auctioneer will not, execute bids on behalf of a prospective buyer.
3. Admission to buynewhomes.ie - buynewhomes.ie shall have the right exercisable in its absolute discretion to refuse admission by any individual or entity to the website or bidding on auctions by any person or entity.
4. Acceptance of Bids - The Auctioneer shall have the right exercisable in its absolute discretion to refuse any bids, advance the bidding in any manner it may decide, withdraw or divide any property, combine any two or more properties and, in the case of a dispute, to put any property up for auction again.
5. Indemnities - Any indemnity given under these conditions shall extend to all actions, proceedings, claims, demands, costs and expenses whatever and howsoever incurred or suffered by the person entitled to the benefit of the indemnity. The Auctioneer and buynewhomes.ie declare themselves to be a trustee of the benefit of every such indemnity for their employees, servants or agents to the extent that such indemnity is expressed to be for their benefit.
6. Representations - Representations or statements made by the Auctioneer or buynewhomes.ie is a statement of opinion only. Neither the Auctioneer, buynewhomes.ie nor their employees, servants or agents shall be responsible for the accuracy of any such opinions. Every person interested in a property must exercise and rely on their own judgment and opinion as to such matters.
7. Headings -The headings of the conditions herein contained are inserted for convenience of reference only and are not intended to be part of, or to effect, the meaning or interpretation thereof.
8. Governing Law - These conditions shall be governed by and construed in accordance with Irish Law.
9. Notices - Any notice or other communication required to be given by the Auctioneer or buynewhomes.ie hereunder to a buyer or a seller shall, where required, be in writing and shall be sufficiently given if delivered by hand, sent by post or electronically to, in the case of the buyer, the address of the buyer specified in the Registration Form or Register, and in the case of the seller, the address of the seller specified in the service agreement or to such other address as the buyer or seller (as appropriate) may notify the Auctioneer or buynewhomes.ie in writing. Every notice or communication given in accordance with this condition shall be deemed to have been received if delivered by hand or by email on the day and time of delivery and if delivered by post three (3) business days after posting.
10. The Buyer - The buyer shall be the highest bidder acceptable to the Auctioneer who buys at the Hammer Price. Any dispute which may arise with regard to bidding or the acceptance of bids shall be settled by the Auctioneer. Every bidder shall be deemed to act as principal unless the Auctioneer has prior to the auction, acknowledged in writing that a bidder is acting as agent on behalf of a named principal.
11. Contract Signing - Unless alternate terms have been agreed with the Auctioneer before the auction, the Auctioneer or any person authorised by the Auctioneer, will sign the Contract for Sale or sale contract relating to the property on the buyers behalf.
12. Payment - Unless alternate terms have been agreed with the Auctioneer before the auction, the buyer of a property shall pay to the Auctioneer within one (1) day from the date of the auction, 10% of the Total Amount Due.
The Auctioneer may apply any payments received by a buyer towards any sums owing from that buyer to the Auctioneer on any account whatever regardless of any directions of the buyer or his agent in that regard whether express or implied.
The Auctioneer shall only accept payment from successful bidders electronically, in cash, draft in Euro or by the bidder's own cheque drawn on an Irish bank account vouched to the satisfaction of the Auctioneer. Cheques drawn by third parties, whether in the Auctioneer's favour or requiring endorsement, may not be accepted
13. Reservation of Title - Notwithstanding delivery or passing of risk to the buyer the ownership of a property shall not pass to the buyer until, contracts have been exchanged by both parties and the buyer has paid to the Auctioneer (or the sellers solicitors if applicable in the contracts of sale) the Total Amount Due.
14. Variation - buynewhomes.ie reserves the right to vary these terms and conditions at their discretion.
15. Non-Payment, failure to sign or failure to return contracts - If a buyer fails to make payment for any purchased property by the dates herein specified for payment or to sign contracts, or to return contracts the Auctioneer shall, in its absolute discretion and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies without further notice to the buyer:
(i) To issue court proceedings for damages for breach of contract;
(ii) To rescind the sale of that property or any other properties sold to the buyer whether at that or at any other auction;
(iii) To resell the property or cause it to be resold whether by public auction or private sale. In the event that there is a deficiency between the Total Amount Due by the buyer and the amount received by the Auctioneer on such resale after deduction of any necessary expenses the difference shall be paid to the Auctioneer by the buyer. Any surplus arising shall belong to the seller;
(iv) Levy a fixed penalty in the amount of €5,000;
(v) To charge interest on the Total Amount Due at the rate of 2% over and above the base rate from time to time of Bank of Ireland or if there be no such rate, the nearest equivalent thereto as determined by the Auctioneer in its absolute discretion from the date on which payment is due hereunder to the date of actual payment;
(vi) To retain that property or any other property purchased by the buyer whether at the same or any other auction and release same to the buyer only after payment to the Auctioneer of the Total Amount Due;
(vii) To apply any sums which the Auctioneer received in respect of properties being sold by the buyer towards settlement of the Total Amount Due;
(viii) To exercise a lien on any property of the buyer in the possession of the Auctioneer for whatever reason.
16. Liability of Auctioneer and Seller - Prior to auction ample opportunity is given for the inspection of the properties on sale and each buyer by making a bid acknowledges that he has, by exercising and relying on his own judgment, satisfied himself as to the physical condition, age and description of each property. None of the seller, the Auctioneer, buynewhomes.ie nor any of their employees, servants or agents shall be responsible for any error of description or for the condition or authenticity of any property. No warranty whatsoever is given by the seller, buynewhomes.ie or Auctioneer or by any of their employees, servants or agents in respect of any property and any condition or warranty express, or implied by statute or otherwise is hereby specifically excluded.
17. Auctioneer's Discretion - With regard to the sale of any property, the Auctioneer shall have the following powers exercisable solely in the discretion of the Auctioneer:
(i) To decide whether to offer any property for sale or not;
(ii) To decide whether a particular property is suitable for sale by the Auctioneer and, if so, to determine the conditions of sale and the manner in which such sale should be conducted;
(iii) To determine the description of any property on buynewhomes.ie.
(iv) To determine what illustration of a property (if any) is to be included on buynewhomes.ie.
(v) To decide whether to offer any property for sale or not;
18. Seller's Warranty and Indemnity - The seller warrants to the Auctioneer, to buynewhomes.ie and to the buyer that he is the true owner of the property or is legally authorised to sell the property on behalf of the true owner and can transfer good and marketable title to the property free from any third party claims.
The seller shall indemnify the Auctioneer, buynewhomes.ie and the buyer or any of their respective employees, servants or agents against any loss or damage suffered by any of them in consequence of any breach of the above warranties or undertakings by the seller.
19. Reserves - Subject to the Auctioneer's discretion, the seller shall be entitled prior to the auction to place a reserve on any property. The reserve shall be the minimum Hammer Price at which the property may be sold by the Auctioneer. A reserve once in place may only be changed with the consent of the Auctioneer. Unless a reserve has been placed on a property in accordance with the provisions set out above such property shall be put up for sale without reserve. In the event that any reserve price is not reached then for so long as the property remains with the Auctioneer and to the extent that the property has not been re-entered in another auction the seller authorises the Auctioneer to sell the property by private treaty at not less than the reserve price. The Auctioneer shall ensure that in such a case those conditions herein which concern mainly the buyer shall, with any necessary modification, apply to such sale.
20. Unsold property - Where any property fails to sell at auction the Auctioneer shall notify the seller accordingly and (in the absence of agreement between the seller and the Auctioneer to the contrary) such property may, in the absolute discretion of the Auctioneer, be re-entered on buynewhomes.ie unless instructions are received from the seller to the contrary.
21. Finance In Place - Bidders and buyers on buynewhomes.ie confirm that they are in possession of sufficient funds at the time of bidding, so as to complete on all bids made. They further confirm that they are in a position to provide the Auctioneer and/or other parties connected to the sellers, with Proof of Funds if requested.