1. Save where the context otherwise requires or implies or the text hereof expresses to the contrary, the definitions and provisions as to interpretation set forth in the within General Conditions shall be applied for the purposes of these Special Conditions.
1. The said General Conditions shall:
(a) apply to the sale in so far as the same are not hereby altered or varied, and these Special Conditions shall prevail in case of any conflict between them and the General Conditions
(b) be read and construed without regard to any amendment therein, unless such amendment shall be referred to specifically in these Special Conditions.
2. VAT conditions are omitted from the Contracts on the basis that it is not applicable.
3. The Title to the property shall commence with Folios DL12969 and shall deduced therefrom. The Vendor shall not be required by the Purchaser to produce any further documents pertaining to the title. General Condition 6 is read subject to this Special Condition.
On completion the Vendor shall explain any acts on searches but its explanations shall be based solely on the documents of title and information provided to it by the Vendor. If full explanations cannot be provided this will not be a reason to delay completion or to demand further explanations.
4. To the extent that documents are listed in the Documents Schedule as certified copies or copies of original documents the Purchaser accepts that this is what will be furnished on completion and that the Purchaser shall not be entitled to to call for production of the original or certified copy of that documentation and no better copy or copies shall be sought or furnished.
5. The Vendor has limited knowledge of the Subject Property and accordingly:
a. Declarations: The Vendor’s obligations (if any) (including those contained in General Conditions 9 (b) (iii) and 10 (d)) to verify certain facts by way of Statutory Declarations or certificates to be completed by a competent person shall be satisfied by providing a statutory declaration verifying such facts to the best of the Vendor’s knowledge information and belief from matters of which the Vendor has actual notice since the date of death of the Registered Owner and where so appearing conscientiously believing those facts to be true.
b. Identity: General Condition 11 of this Contract shall not apply to this sale and is hereby deleted. The Purchaser shall accept such evidence of identity as may be gathered from the description in the copy documents specified in the Documents Schedule. The Purchaser shall be deemed to be aware of and purchase with full notice of the boundaries, fences, ditches, hedges or walls of the Subject Property and the Vendor shall not be required to define same or to specify what boundaries (if any) are of a party nature or separately identify parts of the Subject Property held under different titles.
c. Boundaries: The Subject Property is believed to be and shall be taken as being correctly described as to quantity and otherwise and any error, misstatement or omission in any plan contained in the Documents Schedule of this Contract shall not annul this Contract or be a ground for the abatement or compensation of either party to this Contract. The Vendor gives no warranty and make no representation as to: the area or the boundaries of the Subject Property, the coincidence of actual boundaries in the vicinity of the Subject Property and the boundaries of the Subject Property shown by the title furnished, or encroachments made by the Vendor on property adjoining the Subject Property in conjunction with the use of the Subject Property, and the Purchaser is placed on its own enquiry in these respects and shall not require the Vendor to produce any declarations of identity or explanation to the said boundaries, walls or otherwise.
d. Condition: The Purchaser shall be deemed to purchase with full notice of the actual state and condition of the Subject Property in all respects whether as to the quality, state of repair, means of approach, access to light and access to, location and suitability of all and any services to the Subject Property including but not limited to drainage, foul sewer, water mains and all utilities and rights of adjoining owners and occupiers as to boundary walls and fences or otherwise howsoever and shall take the Subject Property as it stands in all respects. The Vendor shall not be obliged to remove all loose items on the Subject Property in sale, in particular, all equipment, debris and rubbish from the Subject Property.
e. Existing Services: The Vendor is not in possession of a letter from the Local Authority confirming that the roads and services abutting the Subject Property are in charge of the Local Authority. The Purchaser shall make its own enquiries in this regard and satisfy itself in relation thereto. No letter or any other evidence shall be furnished, on closing or at any time, from the Local Authority (or any other party) confirming that the roads and services abutting the Subject Property are in charge of the Local Authority and the Vendor provides no warranty in this regard. The Purchaser is on notice of the position and accepts same and shall make no objection nor raise any requisition or enquiry in this regard. The Purchaser is precluded from making any objection or raising any requisition or enquiry whatsoever in relation to same.
f. Availability of Services: It is a matter for the Purchaser to satisfy itself prior to the Date of Sale as of the availability of services to the Subject Property, both in respect of its existing use and any intended use, and no warranty is given or representation made in relation to access to the premises or access to or availability of the services abutting it, or access to the main public services, nor can the Vendor warrant as to the maintenance and upkeep of the same. The Purchaser is precluded from making any objection or raising any requisition or enquiry whatsoever in relation to same.
g. Rights, liabilities and condition: General Condition 13 shall not apply to this sale and is hereby deleted. The Purchaser shall take the Subject Property as it stands subject to all matters affecting same. General Condition 14 shall be read as if the words “subject to Condition 13” had been deleted therefrom. The Vendor shall only be obliged to disclose such easements, rights, privileges, and liabilities which are evidenced by the title documentation. The Purchaser shall fully satisfy itself prior to the Date of Sale as to the state and condition of the Subject Property and any easements, rights, privileges or liabilities affecting the Subject Property or likely to affect it and the Purchaser shall have no recourse to the Vendor either prior to completion of the sale or at any time thereafter.
6. Completion of the Sale shall take place on the Closing Date at the office of the Vendor’s Solicitor or such other location as the Vendor shall direct.
The sale shall be completed and the Purchaser shall pay the balance of the Purchase Price by 12:00 noon on the Closing Date in order to enable the Vendor to achieve full value for the Purchase Price on the date of actual completion. The balance of the Purchase Price shall be paid by electronic funds transfer to Michael D. White & Co details of which shall be furnished to the Purchaser’s solicitor prior to the Closing Date.
General Conditions 21(c) and 21(d) are hereby deleted. For the avoidance of doubt the Vendor, shall not be obliged to complete the Sale unless and until it has received all monies payable pursuant to this Contract including (without limitation) all interest due to the Vendor PROVIDED ALWAYS that the Vendor shall be entitled to require completion to take place strictly without prejudice to the right of the Vendor to pursue its claim for interest.
7. General Condition 31 shall not apply to this sale and is hereby deleted. No orders or notices referred to therein have come to the Vendor’s actual attention prior to the Date of Sale save those (if any) disclosed in the Documents Schedule hereto. It shall be a matter for the Purchaser to fully satisfy itself by appropriate searches, enquiries, and investigations prior to the Date of Sale with regard to notices.
8. Without prejudice to Special Condition 7.1 where the Vendor agrees that completion of the within transaction is to take place otherwise than at the office of the Vendor’s Solicitor the mode of dispatch of the completion documents unless otherwise agreed shall be through the Documents Exchange (DX), or if the Purchaser’s solicitor is not a member thereof, by registeredpost. In such circumstances the Purchaser shall pay the balance of the Purchase Price by 12:00 noon no less than one Working Day prior to the Closing Date and the Vendor’s solicitor shall not be required to dispatch the completion documents until the balance of Purchase Price has been received and full value is available to the Vendor.
9. The Purchaser has been furnished with the BER Certificate referred to in the Documents Schedule and the related advisory report and expressly acknowledges that no warranty has been given or representation made by or on behalf of the Vendor with regard to the veracity of same. The Purchaser expressly agrees that the no liability shall attach to the Vendor and/or their solicitors in respect of any inaccuracy in those documents.
11. The Vendor makes no representation and no warranty in respect of the status of the Subject Property under the Local Government Planning and Development Act 1963, The Local Government Planning and Development Act 1999, the Planning Acts 2000 to 2010, the Building Control Acts 1990 and 2007 or any regulations made thereunder, the Local Government (Sanitary Services) Acts, or the Fire Services Act 1981 or any legislation orders or decisions amending or replacing same, (the Relevant Legislation). It shall be a matter for the Purchaser to make its own enquiries and to satisfy itself with regard to planning matters, environmental, archaeological and special amenity issues, the payment of financial conditions and any compulsory purchase orders which may affect the Subject Property and the use thereof. The Purchaser shall make no objection or requisition in respect of the subject matter of the Relevant Legislation. General Condition 32 is hereby deleted.
12. The Vendor does not warrant that planning permission or building bye-law approval has been obtained for any development that may have taken place on the Subject Property or when any planning permission or bye law approval has been obtained that the development has been carried out in compliance with such planning and/or building bye law approval; nor does the Vendor warrant compliance of the Subject Property with the Building Control Acts, 1990 and 2007, and any regulations made thereunder. No objection requisition or enquiry shall be raised.
13. The Vendor’s liability under General Condition 39 is (in addition to the limitations imposed by General Condition 40) limited to the extent of the insurance cover available to the Vendor in respect of the Subject Property (if any). The Vendor does not warrant or represent that any insurance cover is or will be carried in respect of the Subject Property.
14. General Conditions 24 and 25 shall not apply to this sale and are hereby deleted.
15. The Purchaser agrees and accepts that:
a. no information, statement, description, quantity or measurement contained in any advertisements or given orally or contained in any brochure, catalogue, letter, report, docket or hand out issued by or on behalf of the Vendor or any agent acting on behalf of the Vendor in respect of the Subject Property (whether or not in the course of any representative or negotiations leading to the Sale) shall constitute a representation inducing the Purchaser to enter into the Sale of a condition or warranty forming part of this Contract. Any information, statement, description, quantity or measurements so given or contained· in any such advertisement, brochure, catalogue, letter, report or handout issued on behalf of the Vendor or any agent on its behalf are for illustration purposes only and are not to be taken as matters of fact and that any mistake, omission, inaccuracy or mis-description given orally or in the form of any advertisement, brochure, catalogue, letter, report or handout issued by or on behalf of the Vendor or any of its agents (whether or not in the course of any representation or negotiations leading to the Sale) shall not give rise to any right of action, claim, entitlement or compensation against or from the Vendor or any of its agents under this agreement or otherwise or any right of residue of termination. The within Contract comprises the entire of the Contract between the Vendor and the Purchaser and supersedes any other alleged contract between the parties in relation to the Subject Property. For the avoidance of doubt, the parties hereby acknowledge that any previous agreement which may have been entered into by the Vendor and Purchaser relating to the Subject Property is hereby rescinded. Any statement, representation or warranty made by the Vendor, agent, or employees during the course of negotiations leading to the Sale which are not herein contained and set forth are hereby treated as having been withdrawn and will have no force or effect at law whatsoever. General Condition 33 shall be read subject to this condition.
b. That Requisitions on Title will be confined to matters of title only and no general requisitions shall be raised.
c. Evidence of the payment of commercial rates, taxes, charges (including water charges and service charges (if applicable)) electricity charges, gas charges and all other outgoings affecting the Subject Property, including the septic tank registration charge (if applicable) will not be furnished on closing. It shall be a matter for the Purchaser to set up new accounts with the utility providers post-closing. Under no circumstances shall the purchase price be varied downwards as a result of apportionments and General Condition 23 is amended accordingly.
16. The Vendor shall discharge any water rates, Local Property Tax (“LPT”), NPPR and Household Charge for which the Subject Property is liable, from the proceeds of sale. On completion of the sale the amount paid, or to be paid, by the Vendor in respect of water rates and the LPT for 2023 relating to the Subject Property shall be apportioned as between the Vendor and the Purchaser, in accordance with the provisions of General Condition 23.
17. The Purchaser shall not assign, sub-sell or part with the benefit of this Contract or their interest therein without the prior consent in writing of the Vendor.
18. If any term, provision, clause or sub-clause of this Contract shall in whole or in part be held by a Court to be unlawful void or unenforceable under any enactment or rule of law that term; provisions, clause or sub-clause or part thereof shall to the required extent be severed from and deemed not to form part of this Contract and the validity and enforceability of the remainder of this Contract shall not be thereby adversely affected.
19. If the Subject Property is materially damaged or destroyed prior to the completion day, then either party may by notice in writing rescind this contract whereupon the Purchaser shall be refunded his deposit but without interest and this agreement shall be discharged and deemed void and of no effect.
20. The Vendor’s Solicitor will hold the deposit as agent for the Vendor and not as stakeholder and General Condition 4(d) is hereby amended accordingly.
As the property is offered for sale by way of online auction a bidder registration deposit of €5,000 is payable in advance of the auction date which payment will be refunded to any unsucessful bidder as soon as practicable after the auction date. The sucessful bidders payment shall be applied towards the 10% non refundable deposit required on signing of the contract . The sucessful bidder shall be pay the he balance of the of the Purchase Price (the Balance Deposit) within two working days of the Date of Sale and in this respect time shall be of the essence. General Condition 27 shall be read subject to this Special Condition. Where the initial deposit is equal to or greater than 10% of the Purchase Price then no further deposit payment shall be required.
Neal J. Doherty & Son will hold the deposit as agent for the Vendor and not as stakeholder and General Condition 4(d) is hereby amended accordingly.
The Purchaser warrants and confirms that the Deposit paid under this Contract is from a legitimate source and is not in whole or in part the Proceeds of Crime as defined in the Proceeds of Crime Act 1996 (as amended) or emanating in whole or in part from the Criminal Conduct or proceeds of Crime Conduct (as defined in Part 2 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended) or Terrorist Financing as defined in the Criminal Justice (Terrorist Offences) Act 2005.
21. This Contract may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
Transmission of an executed counterpart of this Contract (but for the avoidance of doubt not just a signature page) by e-mail (in PDF, JPEG or other agreed format) shall take effect as delivery of an executed counterpart of this Contract. If either method of delivery is adopted, without prejudice to the validity of this Contract, each party shall provide the other with the original of such counterpart as soon as reasonably possible thereafter.
22. Each party agrees that this Contract may be electronically signed, and that any electronic signatures appearing hereon are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
23. Notwithstanding the provisions of this Contract, the Purchaser shall have no recourse against the Vendor or any of its staff or agents or the Vendor’s Solicitors in respect of or arising from any valid claim to title being made by any third party to all or any of the Property.
24. The Purchaser shall discharge the balance purchase monies by way of electronic transfer to the Vendors solicitors bank account details as follows:-
Bank: Allied Irish Bank, Carndonagh, Co. Donegal
Account Name: Michael D. White & Co. Client Account
Account No.: 22651347 Sort Code: 937355
IBAN: IE73 AIBK 93735522651347 Swift: AIBKIE2D
25. The General Conditions Law Society Conditions of Sale 2019 Edition shall apply as if enumerated hereinafter ad seriatum subject to such amendment herein contained.
N.B. 10% Deposit required to be paid within 3 working days of day of Auction. Deposit can be paid to Neal J Doherty & Son via bank transfer or directly to the office. Failure to do so will result in the sale being null and void. Bank Account Details as follows:-
Bank: Allied Irish Bank, Carndonagh, Co. Donegal
Account Name: Neal J. Doherty & Son Client Account
Account No: 11618745 Sort Code: 93-73-55
IBAN: IE20 AIBK 9373 5511 618745 BIC: AIBKIE2D