TERMS AND CONDITIONS FOR BIDDERS

The following document sets out the basis upon which bids for serviced plots is provided and govern the terms of use. By submitting a bid for a serviced plot you confirm your acceptance to these terms and if you do not agree you must not bid.

We set out how we intend to gather bids for serviced plots and on what basis we provide any information in relation to any of the serviced plots offered for sale.  Please note that each serviced plot may be subject to variations away from any of the standard terms described below, or elsewhere on Custom Build Homes website, or third party websites, and it is your responsibility to make sure you are aware of all matters that apply to each individual serviced plot.

  • GENERAL INFORMATION AND DEFINITIONS

    • Any reference to “We”, “Us” or “Our” below is made in relation to BuildStore Custom Build Limited T/A Custom Build Homes.
    • Any reference to “serviced plot” refers to one of six serviced plots being offered for sale at Lowfield Green, Acomb, York.
    • Any reference to “You” refers to any potential bidder or purchaser.
    • All serviced plots, unless stated otherwise, are offered subject to a Guide price.
    • The Agent and Seller accept no responsibility for any loss, cost or damage that a Buyer may incur as a result of relying on any guide price. It is the Buyer’s responsibility to decide how much they should bid for any serviced plot.
    • The guide price and eventual sale price will be exclusive of any additional fees and costs a purchaser may have to pay. You should check all the available information regarding the serviced plots offered for sale. If you are not sure as to what you will be paying in addition to the purchase price you should obtain your own independent third-party professional advice.
    • All serviced plots are offered subject to a £2,000 Reservation Fee which is payable upon acceptance of the winning bid by the Sellers, subject to Financial Qualification.
    • The Deposit will form part of the Purchase Price. The Reservation Fee forms part of the Deposit.

  • CONDITIONS OF SALE

    • Each serviced plot is offered in accordance with and subject to the Conditions of Sale comprising these Terms and Conditions for Bidders.
    • Bidding on a serviced plot is only permitted on the basis that you accept the Conditions of Sale and that they govern the relationship between us and anyone who bids. They cannot be changed or dis-applied without our express written consent.
    • All serviced plots are offered on the basis that irrespective of whether or not is the case you are deemed to have read and considered the Conditions of Sale, the Design Code and any other relevant documents for the serviced plot(s) you are interested in, taken independent professional advice on them before bidding, inspected the relevant serviced plot and otherwise undertaken all required Due Diligence that a prudent buyer would normally be expected to have carried out.
    • The successful Bidder will be the party who the Seller chooses in line with their policy for an acceptable bid. The successful Bidder will be bound by all Conditions of Sale.
    • The Seller intends to proceed with the Bidder who submits the highest bid for each available serviced plot, subject to Financial Qualification.
    • The Seller has restricted the sale of both Plot 1 and Plot 6 to first time buyers only for the duration of the bidding period. If the circumstance arises whereby a first time buyer does not place an acceptable bid against either plot 1 or plot 6, they will revert to open market sale to be purchased on a first come first served basis.
    • All bids will remain confidential and will not be disclosed, nor will they be communicated to anyone other than the Community and Self Build Office responsible for receiving bids on behalf of the Seller.

  • PARTICULARS, CONDITION, PHOTOGRAPHS, PLANS AND AREAS

    • The information contained within the Particulars are given in good faith, but all descriptions, statements, dimensions, references to condition and permissions for the use and occupation or other details are made without responsibility and should not be relied upon as representation of fact.
    • Any measurements and areas stated are approximate only.
    • The plans and photographs shown in the brochure are intended to assist you in locating the serviced plot and may not be drawn to scale and they are they not intended to provide definite legal boundaries.
    • Bidding is only permitted on the basis that you accept that, to the maximum extent permitted by law, we will not be held responsible or liable for any loss, cost, claim, demand or damage that you may incur as a result of the Particulars and anything contained or referred to in the brochure being incomplete, inaccurate, or misleading.
    • For the avoidance of doubt the Particulars, Areas and any Plans or Photographs used do not form constitute part of an offer or contract.

  • LIABILITY OF BIDDER

As the Bidder, you are entering into obligations to the Seller and the Agent. Bidding is only permitted on the basis you agree you will be personally liable in respect of any accepted bid.

  • CONDUCT OF BIDDING

    • The bidding period will commence on 9am on 1st November 2019, and close at 5pm on 29th November 2019.
    • Should any serviced plots remain unsold following the bidding period, all available plots will revert to open market sales to be purchased on a first come first served basis.
    • Bids can be withdrawn prior to the bidding period closing time.
    • Successful Bidders will be informed that their bid has been accepted no later than 6th December 2019.
  • RESERVATION

    • As part of the Reservation process we will ask you to provide to us certain information and documentation which may include information allowing us to comply with The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (the Regulations). This normally comprises proof of your identity and address and your solicitor’s details.
    • A refundable reservation fee of £2,000 is payable upon acceptance of the winning bid by the Sellers, subject to Financial Qualification.
    • The successful Bidder will be bound by the Reservation Agreement formed following notification of the winning bid, subject to Financial Qualification.
    • You agree to confirm the name of each purchaser to be registered against the plot purchase.
    • The Reservation Period is 6 weeks from receipt of the Legal Pack by the Buyer’s Solicitors from the Seller’s Solicitors.
    • To successfully reserve the Plot we ask you to make payment of the Reservation Fee via your chosen Solicitors payable directly to the Sellers.
    • Once the agreed Reservation Fee has been received by the Sellers, you will hold first option to purchase the Plot by successfully exchanging contracts on or prior to expiry of the Reservation Period.
    • Failure to exchange contracts to purchase the Plot on or prior to expiry of the Reservation Period may result in the deduction of reasonable costs from the Reservation Fee. This may include but not limited to administration costs and third-party consultancy charges.
  • COMPLIANCE with The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (the Regulations).

    • If we have any suspicions regarding the Seller, The Bidder, Purchaser, Source of Deposit Funds and any relevant Beneficial owners we have various statutory obligations.
    • If we are unable to comply our obligations, or we have suspicions regarding any transaction then we reserve the right to decline any instructions from the Seller, Bidder, Purchaser and/or other relevant person.  In such circumstances, we may not be able to return funds to the person from whom they originated or otherwise.
    • Any statutory obligations in relation to anti-money Laundering and counter-financing of terrorism will override our business relationship with the Seller, Buyer, Purchaser and/or any other relevant person and it may not be possible for us to discuss these issues with them or disclose the fact that we have taken appropriate action in instance where we are unable to comply our obligations, or we have suspicions.
    • We will not be liable to any person in any respect whatsoever as a result of our taking any steps pursuant to any of the preceding provisions, or otherwise in compliance with anti-money Laundering and counter-financing of terrorism legislation.
  • DEPOSIT
    • A Deposit equal to 5% of the agreed plot purchase price is payable at exchange of contracts.
    • Payment of the Deposit must be made from an account held at a UK clearing bank or building society.

  • POST EXCHANGE INSPECTIONS

You will not be entitled access to the serviced plot until completion of the sale. If access is required, it may be arranged through Custom Build Homes. If the Seller agrees and subject to whatever conditions they impose.   A charge of £150, plus VAT for the first hour and £100 plus VAT per hour thereafter will be made if an accompanied viewing is necessary.

  • MISCELLANEOUS

    • If a successful Bidder and/or the Purchaser does not comply with the any of the provisions of these, or any of the Conditions of Sale, we and/or the Seller reserves the right to treat that failure as the successful Bidder’s repudiation of the Contract of Sale on behalf of the Purchaser. In such circumstances, we and and/or the applicable Seller may have a claim against the winning Bidder personally for breach of contract.
    • We will be under no liability to the Bidder or the Purchaser in respect of any loss or damage   suffered by the Bidder or the Purchaser as a result of our exercising our rights under these Terms.
    • We cannot guarantee that notifications (including Bids) or e-mails sent to us or by us will not be viewed or intercepted whilst en route.  The use of Internet e-mail carries certain risks. Confidentiality may be breached, messages may be lost or delayed, or may not be read, and viruses may be transferred through the use of e-mail. We cannot accept responsibility for loss which you suffer as a result of the use of Internet e-mail for communication between us, or between us and third parties.
    • We suggest that, when sending a time critical e-mail to us, you telephone to ensure the intended recipient is aware that a message has been sent.
    • You are solely responsible for securing and backing any of your content, or records of any communication or notification from or to us.
    • YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE USE TO WHICH YOU PUT THESE TERMS AND ALL THE RESULTS AND INFORMATION YOU OBTAIN FROM IT AND THAT ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, REPRESENTATIONS AND TERMS WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
    • Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use these terms, and any other of our associated terms and conditions and our website, or the Platform.
    • Any employees of BuildStore Custom Build Limited or BuildStore Group who carry out our obligations under these Terms do so as representatives of Custom Build Homes and without personal liability.